in Cloaths gather so much together as when they Marry and come to have Children will be the beginning of any Comfortable Lively-hood But there after 4 years they may be in a far better Condition as shall hereafter be demonstrated There needs no other nor more evident proof for this then the example of most of these who being taken at the fights of Dumbar and Worcester in the years 1650 and 51 being sent over as Servants to Barbadoes and other places after they served out their time have most of them purchased notable Plantations for themselves both in Barbadoes and Mary-land and els-where and live very plentifully accounting themselves happy in that providence that brought them there and extreamly regrating the Condition of many of their friends at home and wishing them sharers of their prosperitie But some who will readily acknowledge what hes been here said doe think it impracticable for our Countrey-men to have this advantage Because there is no forraigne plantation in America belongs to the Crown of Scotland and all of such where we could settle are a part of the English Dominions It shall not be contended but it were well there were some belonging to Scotland for that it is not proper to Contradict what might be esteemed honorable to this Crown But those who Judge all the advantages above mentioned might not arise to us from having an interest in a plantation under the protection of the Crown of England are under great mistakes yea as things now stands it is more advantageous to us if it be Considered 1. That tho it be under a different respect Yet we are still under the same Monarch as if the Plantation belonged to the Crown of Scotland 2. The protection is much more sure and considerable from England whose interest oblidge them because of the great advantage yearly comes in to them from thence to see to the Protection of the forraign plantations and all of these lying upon the main Continent being contiguous no encroatchment can be made upon part without endangering of the rest And for the capacitie of defence there is no need of Comparison Scotland having no ships of warre upon the publick accompt and it's pollicy not lying in that Method If the scruple be that any think there are things uneasy in the Laws of England that are better with us There is thence no occasion of being straitned for as will after appear the Plantation here proposed hes that Latitude in the Patent that they are not tyed to the Laws of England so particularly but they may let fall what they think inconvenient and take of Ours what seems to contribute more to their advantage There would this visible disadvantage besides fall out if the Plantation were disjoyned from the English Dominions that by the act of Navigation we would be debarred from trade with the other English Plantations which would be a verie great prejudice But no disadvantage on the other part does come for we can be allowed to carry over as many people as we please with their Cloathing and necessarys which is the chief thing whereby advantage would come to Scotland in the accomodating of people of several sorts as We observed before And the goods which are of most Value and most necessar there are such things as our Countrey affoords most plentifully such as all sorts of Wollen and Linnen-Cloath and the like so that there is occasion for Export of our Commodities and the trade of Scotland consists much more in that then in Import there being not that occasion here for Consumption of forraigne Commodities and the product of the Plantations there not being Suggar or any Store of Tobacco is not fit to be imported in Scotland So that the product of the Plantation coming to England according to Law if the money be from thence remitted to us for the transport of People and our Commodities it will make a Circulation of Trade as advantageous for us Yea more then if returns come straight home which would not so soon affoord money in Scotland It is true if trade were absolutely as free 'twixt Scotland and there as in England it might be an encouragment to Scots Shipping and Sea-men But for that it may be answered that Ships built in the Plantations where there is great conveniency for building of Vessels will be free to come to Scotland as well as any other English Ships and 2. part of the Sea-men being Inhabitants of the Plantation who by dwelling there are Denizons of England satisfies the Law So that tho the Ship be not a Scots Ship yet it may belong to Scots-men dwelling in the Collonie and sailled with Sea-men belonging thereto It is time now to show how some of our Country-men in order to so advantagious a Project have already purchased an considerable Interest in a Plantation which is justly esteemed not Inferiour if not beyond any place upon the whole continent of America belonging to the English Dominions called East-New-Jarsey The deduction of the right of it is thus The KING by Patent to the Duke of York granted a great tract of Land lying betwixt Virginia and new-New-England It was formerly in the hand of the Dutch and Considerably improved by them and called New-Netherlands And by treaty after the first Dutch Wars Surrendred to the King that part of it lying betwixt the 39 and 41 Degree of Northern Latitude Was by the Duke of York granted to John Lord Barkly and Sir George Cartwright That part which belonged to the Lord Barkley being assigned to Edward Billings Afterwards by a Deed of Partition betwixt the said Edward Billings and Sir George Cartwright The West Part lying upon Delaware River was alloted to Edward Billings for his share and the East part lying upon Hudsons River nearest to the Province of New York was appointed to Sir George Cartwright for his share Which part now called East-New-Jarsey is from Sir George Cartwright conveyed to twelve Persons in and about London who have since conveyed an half to other twelve so that as well the Right of Government as the Soyl standeth now in 24 Proprietors in favours of some of whom the Duke of York has been lately pleased to make a new grant of Confirmation both of Soyl and Government to the 24 Proprietors with the same Powers and Priviledges he has in his Patent from the King which are as large as any other Plantation hath for the Words of the Dukes Patent are as followeth The Patent from the KING to JAMES Duke of York c. CHARLES the Second By the Grace of GOD King of England Scotland France and Ireland Defender of the Faith c To all Men to whom these Presents shall come Greeting Know ye that WE for diverse good Causes and Considerations Us hereunto moving have of Our special Grace certain Knowledge and meer Motion Given and Granted and by these Presents for Us Our Heirs and Successours Do give and grant unto Our dearest Brother JAMES Duke of
York his Heirs and Assignes All that part of the Maine Land of new-New-England beginning at a certain place called or known by the name of Saint Croix next adjoyning to New-Scotland in America and from thence extending along the Coast unto a certain place called Pemaquin or Pemaquid and so up the River thereof to the farthest Head of the same as it tendeth Northward and extendeth from the River Kenbequin and so upwards by the shortest course to the River of Canada Northward and all that Islandor Islands commonly called by the several name or names of Mattawaxor Long-Island scituate and being towards the West of Cape-cod and the narrow Heggansets abutting upon the main Land between the two Rivers there called or known by the several or names of Conectecute and Hudsons River together also with the said River called Hudsons River and all the land from the West-side of Conectecute River to the East-side of Delawar Bay And also all those several Islands called or known by the name of Martins-Vineyard and Hantuckes alias Hantuckett together with all the Lands Islands Soyls Rivers Harbours Mines Mineralls Quarreys Woods Marshes Waters Lakes Fishing Haukings Huntings and Fowlings and all other Royallities Profites Commodities and Hereditaments to the said several Islands Lands and Premisses belonging and appertaining with their and every of their Appurtenances and all Our Estate Right Title and Interest Benefit and Advantage Claime and Demand of in or to the said Islands or Premisses or any Part or Parcel thereof and the Reversionand Reversions Remainder and Remainders together with the Yearly and other Rents Revenues and Profits of the Premisses and every Part and Parcel thereof To Have and to Hold all and singular the Lands and Premisses with their and every of their Appurtenances thereby given and granted or herein before mentioned to be given or granted unto Oursaid Dearest Brother JAMES Duke of York his Heirs and Assignesfor Ever To be Holden of Us Our Heirs and Successours as of Our Mannour of East-Greenwich in the County of Kent in free and common Soccage and not in Capite or by Knights Service Yeilding and Rendering And the same JAMES Duke of York for himself his Heirs and Assignes DOTH Covenant and Promise to yield and render unto Us Our Heirs and Successours of and for the same yearly and every year Fourty Beaver-skins when the same shall be demanded or within ninety dayes after such Demand made And WE do further of Ourspecial Grace certain Knowledge and meer Motion for VS Our Heirs and Successours give and grant unto Our said Dearest Brother JAMES Duke of York his Heirs Deputes Agents Commissioners and Assignies by these Presents full and absolute Power and Authority to Correct Punish Pardon Govern and Rule all such the Subjects of VS Our Heirs and Successours or any other Person or Persons as shall to time adventure themselves into any the Parts or Places aforesaid Or that shall or do at any time hereafter Inhabit within the same according to such Laws Orders Ordinances Directions and Instructions as by Our said Dearest Brother or his Assignes shall be Established and in defect thereof in cases of necessitie according to the good Directions of his Deputie Commissioners Officers or Assignes respectively as well in cases and matters Capital and Criminal as Civil and others so always as the said Satutes Ordinances and Proceedings be not contrary to but as near as may be agreeable to the Laws Statutes and Government of this Our Realmof England AND Saving and Reserving to Us Our Heirs and Successors the Receiving Hearing and Determining the Appeale and Appeales of any Person or Persons of in or belonging to the Territories or Islands aforesaid or touching any Judgement or Sentence to be there made or given And further that it shal and may be Lawful to and for our said Dearest Brother his Heirs and Assignes by these Presents from time to time to Nominate Make Constitute Ordain and Confirm such Laws as aforesaid by such Name or Names Stile or Stiles as to him or them shal seem good and likewise to Revoke Discharge Change and Alter as well all and singular Governours Officers and Ministers which hereafter shall be by him or them thought fit and needful to be in or used within the aforesaid Islands and Parts and also to Make Ordain and Establish all manner of Laws Orders Directions Instructions Formes and Ceremonies of Government and Magistracy fit and necessarie for and concerning the Government of Territories and Islandsaforesaid So always as the same be not contrary to the Laws and Statutes of this Our Realm of England but as neer as may be conformable thereunto and the same at all times hereafter to put in Execution or Abrogate Revoke or Change not only within the precincts of the said Territories or Islands but also upon the Seas in going and coming to and from the same as he or they in their good Discretion shal think fittest for the good of the Adventurers and Inhabitants AND We do further of Our special Grace certain Knowledge and meer Motion Grant Ordain and Declare that such Governours Deputies Officers and Ministers as from time to time shall be Authorized and appointed in manner and formaforesaid shal and may have full power and Authority within the Territoriesaforesaid to use and exercise Martial Law in cases of Rebellion Insurrections and Mutiny in as large and ample a manner as our Lieutenentsin our Countries within Our Realm of England have or ought to have by force of their Commissions of Lieutenancy or any Law or Statute of this our Realm AND We do further by these presents for us our Heirs and Successours grant unto our Dearest Brother JAMES Duke of York his Heirs and Assignes that it shall and may be Lawful to and for the said James Duke of York his Heirs and Assignes in his or their Discretions from time to time to admit such and so many person or persons to Trade and Traffique into and within the Territoriesand Islands aforesaid and to every and any part and parcel thereof and to have possess and enjoy any Lands and Hereditaments in the part and places aforesaid as they shall think fit according to the Laws Orders Constitutions and Ordinances by our said Brother his Heirs Deputies Commissioners and Assignes from time to time to be made and established by vertue of and according to the true intent and meaning of these presents and under such Conditions Reservations and Agreements as our said Dearest Brother his Heirs and Assignes shall set down Order Direct and Appoint and not otherwise as aforesaid AND We do further of Our special Grace certain Knowledge and meer motion for US Our Heirs and Successors Give and Grant unto Our said Dearest Brother his Heirs and Assignes by these presents that it shall and may be Lawful to and for him them or any of them at all and every time or times hereafter out of any of Our Realms or Dominions whatsoever to take load carry
and transport in and unto their Voyages for and towards the Plantations of our Territories and Islandsaforesaid all such and so many of our loving Subjects or any other Strangers being not Prohibited or under restraint that will become our loving subjects and live under our Allegiance and shall willingly accompany them in the said Voyages together with all such Cloathing Implements Fruniture or other things usually Transported and not Prohibited as shal be necessary for the Inhabitants of the said Islands and Territories and for the use and defence thereof and Mannaging and carrying on the Trade with the People there Yeelding and paying unto Vs our Heirs and Successors the Customes and Dutiesthereof due and payable according to Laws and Customes of this Our Realm And We do also for Us our Heirs and Successors grant unto Our said Dearest Brother JAMES Duke of York his Heirs and Assignes and to all and every such Governour or Governours or Deputies their Officers or Ministers as by our said Brother his Heirs or Assignes shall be appointed to have Powerand Authority of Government and Command in and over the Inhabitants of the said Territories and Islands that they and every of them shal and may lawfully from time to time and at all times for ever hereafter For their several Defence and safty Encounter Repulse Expel and Resist by force of Armes as well by Sea as by Land and all wayes and means whatsoever all such Person and Persons as without the special Licence of our Dearest Brother his Heirsand Assignes shall attempt to Inhabite within the several Precincts and Limits of our said Territories and Islands and also all and every such Person and Persons whatsoever as shall Enterprize and Attempt at any time hereafter the Distruction Invasion Detriment or Annoyance to the parts places or Islands aforesaid or any parts thereof And Lastly Our will and pleasure is And We do hereby declare and grant that these our Letters Patents or the Inrollment thereof shall be good and effectual in the Law to all intents and purposes whatsoever notwithstanding the not well and true Receiting or mentioning of the premisses or any part thereof or the Limits or Bounds thereof or of any form or other Letters Patents or Grants whatsoever made or Granted of the premisses or of any part thereof or the Limits or bounds thereof or of any former or other Letters Patents or Grants whatsoever made or granted of the premisses or of any part thereof by US or any of Our Progenitors unto any Person or Persons whatsoever bodies Politique or Corporate any other Law or other restraint in certainty or imperfection whatsoever to the contrary in any wise notwithstanding Although express mention of the true yearly Value or certainty of the premisses or any of them or of any other Gifts or Grants by Vs or by any of our Progenitors heretofore made to the said James Duke of York in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted or provided or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding In Witness whereof We caused these Letters to be made Patents Witness Our Self at Westminster the 29. day of June in the 16 Year of Our Reign The SCOTS Proprietors are James Earl of Pearth John Drummond of Lundy Lord Theasurer Depute Sir George Mackenzie Lord Register Robert Gordon of Cluny Arent Sonmans a Dutch-man but interested with the SCOTS Proprietors Robert Barkley of Vnie Robert Burnet of Lethenty Gavine Laurie Seven parts of the 24. belongs to these Persons which by the most modest Calculation is thought will be near Five hundred thousand Acres This Province or Collony lyes betwixt 39 and 41 Degrees of Latitude being about 12 Degrees more to the South then the City of London It is in the same Climate with the Kingdom of Naples and Montpelier in France The Summer is hotter and longer then in England and the Winter colder and shorter the days about an hour longer in Winter and as much shorter in Summer Is bounded South-East with the Maine Sea East by that vast Navigable Stream called Hudsons River which divides this from the Province of now-Now-York West by a Line of Division which separates this Province from West-Jarsey and North upon the Main Land And Extends it self in length upon the Sea Coast and alongst Hudsons River one hundred English Mylls and upward The Scituation of this Countrey is just as it were in the Center of the English Plantations in America betwixt the South parts of Carolina which is over hot and the North parts of Pemaquitte next New Scotland which are coldest so that its Conveniency of scituation temperature of the Aire and fertilitie of the soyl is such that there is no less then seven towns considerable already viz. Shreutsburry Midletown Berghen New-vvark Elizabeth-town Woobridge and Piscataway which are well inhabited by a sober and industrious People who have necessary Provisions for themselves and families and for the comforable entertainment of Travellers and Strangers And the Quittrents or Fewes as they are here called of these Towns and other Plantations already in the Countrey yeelds to the 24 Proprietors above 500. lib. starling yearly Revenue and the Air of this Collony is experimentally found generally to agree well with English Constitutions and Consequently with Ours For Navigation it hath these advantages not only to be scituate along the Navigable parts of Hudsons River but lyes also fiftie Milles along the Maine Sea and near the Midest of this Province is that notted Bay for Ships within Sandy-Hook very well known not to be inferriour to any Harbour in America where Ships not only harbour in greatest storms but there Ryde safe with all Winds and Sail in and out thence as well in Winter as Summer For Fishery the Sea-banks are very well Stored with variety of Fishes not only such as are profitable for Exportation but such as are fit for Food there There are Whales Coad-fish Col. and Hake-fish and Large Mackeril and also many other sorts of Smal and Flate-fish The Bay also and Hudsons River are plentifully stored with Strugeon and other Scal-fish Eills and Shel-fish as Oysters in abundance This Countrey is also plentifully supplied with Lively-springs Rivolets Inland-Rivers and Creeks which fall into the Sea and Hadsons-River in which also there is varietie of Fresh-fish and water Fowl There are little hills from Rariton-River which is about the middle of this Province that go to the verie North-West-bounds of it in which are abundance of good Mill-Stons to be had and there is many both Corne and Saw-milnes set and setting up already also on the other Side of these Mountains there is brave fresh Rivolets fit for setting of In-Land-Towns and a great deal of Meadow-ground upon the banks thereof So that there is abundance of Hay to be had for Fodering of Catle in the Winter time and these Meadows shows the Countrey