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A58781 The model of the government of the province of East-New-Jersey in America and encouragements for such as designs to be concerned there : published for information of such as are desirous to be interested in that place. Scot, George, d. 1685. 1685 (1685) Wing S2036; ESTC R35166 110,424 282

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not alterable by any Act of the great Council as other things by the voices of 2 thirds but only by an universal agreement so it is hoped that this hint will satisfie all sober and understanding people what Encouragement such a Government may give For Husband-men that hes a Stock able to transport themselves and Families with a few Servants and to have but a 100. pound Scots or a 100. Merks more to carry over in Commodities they shall have upon their arrivall 100 Acres of good ground measured out to them or above not exceeding 500. Acres And for their encouragement shall for the first 7. years pay nothing and then have what they please not under 100. nor exceeding 500. Acres confirmed to them and their heirs for ever paying half a Crown an Acre never to be raised upon them And for the Charge of the first year they may easily Calculate carrying over as much Oat-meal as will serve them Bread and the fraught will be inconsiderable and they will get flesh enough in the Countrey for killing without charge and will be able to clear more ground the first winter then will double serve their Families after the first harvest so that they will only have to buy with the Commodities they carry over with them Seed and Beasts The Charge of transportation is for every Man or Woman 5. lib. starling passage and intertainment for children under 10. years of age 50. shilling and Sucking children nothing 40. shillings for the tunn of goods and often under The Voyage is judged lesse Sea hazard then either to Holland or London and if there be any tollerable winds it is easily made in 6. weeks There went a ship last harvest to West Jersey from the Road of Aberden and they came to Delaware-River-mouth in 8. weeks though they had great Calmes and of betwixt 30. and 40. Passengers that went out of Aberdeen several women and children not above 4. of them had been at Sea before not one dyed nor was sick by the way For Ordinary servants who are willing to go over after 4. Years service from the time of there arryvall there during which time they shall be well entertained in meat and cloathing they shall have set out to each 25. Acres to them and theirs for ever paying 2. pence an Acre as much Corn as will sow an Acre and a Sute of now cloaths Now Considering that there is 5. pound Sterling payed for their Passage this is good termes and that after the terme of their Service is expired they will gain more in one year there then they can do in two at home towards the gaining of a Stock to their land and it may be easily conceived that they will be well treated by their Masters since it is their Interest to do so there more then here for that they would be Considerable Losers either by their Death or sicknesse being out so great an advance for them if by any hard-ship they shall be disabled to serve out their times All Sorts of Tradesmen may make a brave Livelyhood there such as Carpenters Ship-wrights Rope-makers Smiths Brick-makers Taylors Tanners Cowpers Mill-wrights Joyners Shooe-makers c. and any such like who are willing to go serve the four years not having to transport themselves shall in consideration of their Trade have after the expiring of their Service 30. Acres 2. pence the Acre as much Corn as well sow 2. Acres a cow and a Sow And for the incouragement of any such Trasdmen who are willing to go over and transport themselves they shall have the like quantitie of Land at the same rent and the Proprietors will oblidge themselves to find them work for a year after their arryval at as good Rates as they can have here untill they furnish themselves with some Stock to make better advantage upon the Place We will not encourage any to go there in expectation of Gold and Silver mines yea tho there were such in the Countrey we should not be curious nor industrous to seek them out being besides the Toyl and Labour but occasions envy and Emulation Nor yet is their Suggar or Indigo there or Cotton nor any store of Tobacco tho it grows there very well But We consider it not our interest to imploy much ground on it The Riches of this Countrey Consists in that which is most Substantial and necessar for the use of men to wit Plenty of Corn and Cattle and they have besides Vines and Fruits in abundance as before has been said so that who dwell here need not to be oblidged to any other Plantation for any thing necessar for Life and all other Plantations are beholden to them for necessaries without which their other Curiosities would little avail them This with the Province of New-York being the Granary or Store-house of the West-Indies without which Barbadoes and the Leewards Islands could not subsist Yea New-England is forced to come there every year for Corn this with the advantage of Fishery being considered will easily induce Sober and industrious People to prefer a Plantation here to most other places The Duke of Yorks grant of East-New-Jersey to the twenty four Proprietors THis Indenture made the fourteenth day of March in the five and thirtieth year of the Reign of our Soveraign Lord CHARLES the Second by the Grace of GOD of ●ngland Scotland France and Ireland King Defender of the Faith c. Anno Domini 1682. between His Royal Highness the most Illustrious Prince James Duke of York and Albany Earl of Ulster c. only Brother to our Soveraign Lord the King of the one part And the Right Honourable James Earl of Perth of the Kingdom of Scotland the right Honourable John Drummond of Lundin Scotland Esquire Robert Barclay of Urie in the Kingdom of Scotland Esquire on the other part c. Whereas our said Soveraign Lord the Kings Majestie in and by Letters Patent under the Great Seal of England bearing date the twelfth day of March in the sixteenth year of His said Majesties Reign did amongst several other things therein mentioned Give and Grant unto His Royal Highnes James Duke of York his Heirs and Assignies all that tract of land adjacent to New-England in the parts of America and lying and being to the Westward of Long-Island and Manhattas Island and bounded on the East part by the Main Sea and part by Hudsons River and extendeth Southward to the Main Ocean as far as Cape May at the mouth of Delawar Bay and to the Northward as far as the Northern-most branch of the said Bay or River of Delawar Which is one and fourtie Degrees and fourty Minuts of Latitude and crosing over thence in a straight line to Hudsons River in one and fourty Degrees of Latitude Which said tract of Land was then after to be called by the name of New-Cesaria or New-Jersey with all the Lands Islands Soylls Rivers Harbours Mynnes Minerals Quareries Woods Marishes Waters Lakes Fishings Hauckings Huntings and
of the Soils the temperature of the Climats the healthfulness of the places the Constitutions of the several Governments the conveniences of Access the advice given to Phaeton appears very apposite medio tutissimus ibis and so East-Jersey upon the River of Hudson is the place I find my self oblidge to preferr to any other of the English Plantations upon that coast upon some or other if not most of the above named considerations That you may be convinced of the truth of this I here send you what discription I have of that place as it is narrated in a Treatise thereanent emitted lately by the Scots Proprieters I send you also the doubles of several letters from thence all agreeing in one to the advantage of that place confirming all spoken in the said Treatise after your perusal of what does follow you will see whether I have ground or not to make this choise It is time now to show how some of our Countrey-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-Jersey 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 Surrendered to the King that part of it lying betwixt Delaware and Hudsons River called New-Cesaria or New-Jersey which is betwixt the 39. and 41. Degree of Northern Latitude was by the Duke of York granted to John Lord Barkley 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 allotted 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-Jersey 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 latey pleased to make a new Grant of Confirmation both of Soyl and Government to the twenty four Proprietors with the same Power 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 Scotland England 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 Successors 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-England beginning at a certain place called or known by the name Saint Croix next adjoyning to New-Scotland in America and from thence extending along the Coast unto a certain place called Pamaquin or Pemaquid and so up the River thereof 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 Island or Islands commonly called by the several name or names of Mattawax or 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 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 Delaware Bay And also all those several Islands called or known by the name of Martins-Vineyard and Hantucks alias Hantuckett together with all the Lands Islands Soyls Rivers Harbours Mines Mineralls Quarries Woods Marshes Waters Lakes Fishing Haukings Huntings and Foulings and all other Royallities Profits 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 Reversion and 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 Our said Dearest Brother James Duke of York his Heirs and Assignies for ever To be Holden of Us Our Heirs and Successors as of Our Manner of East-Greenwich in the County of Kent in free and common Soccage and not in Capite or by Knights Service Yeeld and Rendering And the same James Duke of York for himself his Heirs and Assignes DOTH Covenant and Promise to yeild and render unto US Our Heirs and Successors 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 Our special Grace certain Knowledge and meer Motion for Us Our Heirs and Successors 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 Subjects of Us Our Heirs and Successours or any other Person or Persons as shall for time 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 necessity 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 alwayes as the said Statutes Ordinances and Proceedings be not contrary to but as near as may be agreeable to the Laws Statutes and Government of this Our Realm of England AND Saving and Reserving to Vs Our Heirs and Successors the Receiving Hearing and Determining the Apeale and Apeales of any Person or Persons of in or belonging to the Territories or
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 hous●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