Fowlings and all other Royalties Profits Commodities and Hereditaments unto the said premises belonging and appertaining with their and everie of their appertainances And all his said Majesties Estate Right Title Interest Benefite Advantage Claime and Demand of in and to the said Provinces or any part or parcell thereof and the Reversion and Reversions Remainder and Remainders together with the yearlie and other Rents Revenues and profits of the same And of every part and parcel thereof To hold unto his Airs Royall Highness the said James Duke of York his Airs and Assignes for ever To he Holden of his said Majestie his Airs and Successors among other things therein granted as of his Majesties Manour of East Greenwich in his Majesties County of Kent in free and Common Soccage and not in Capite or by Knight Service under the yearly-rent therein mentioned And whereas His Royall Highness The said James Duke of York Did theretofore by Severall good and Sufficient Conveyances and assurances under his hand and Seall duely executed and daited the Twenty third and Twenty fourt dayes of June in the Sixteen year of his said Majesties Reign for the Consideration therein mentioned Grant and Convey the said Tract of Land and Premisses before mentioned to John Lord Barclay Baron of Stratton and one of His Majesties most Honourable Privy Council And sir George Cartwright of Saltram in the County of Devon Knight and Barronet and one of His Majesties most Honourable Privy Council and their Heirs the said Tract of land and premisses particularly before mentioned And the Reversion and Reversions Remander and Remanders of the same to hold unto the said John Lord Barclay and sir George Cartwright their Heirs and Assignies for ever under the yearly Rent of twenty Nobles Sterline payable as the same is therein reserved to be paid And whereas his said Majestie did by others his Letters Patents dated the twenty ninth day of June in the six and twentieth yeaâ— of his said Majesties Reign grant and convey unto his said Royal Highness and his Heirs for ever aswell the said tract of Land and premisses herein before recited to have been granted and conveyed by his said Royall Highness unto the said John Lord Barclay and Sir George Cartwright as aforesaid As all other the Lands and Hereditaments in and by the said herein first before recited Letters Patents granted or mentioned to be granted And whereas His said Royall Highness by his indentures of Lease and release bearing date the _____ dayes of July in the six and twenty year of his said Majesties Reign Did grant and convey the said tract of Land and premisses to the said Sir George Cartwright his Airs and Assignes as by the said Indentures Relation being thereunto had may appear And whereas upon a partition made of the said whole and entire premisses between the said Sir George Cartwright And William penn of Worminhurst in the Countrey of Sussex Esquire Gavin Lawrie of London Merchant Nicolas Lucas of Hertford in the Countey of Hertford Malster Edward Billing of West-minster in the Countey of Midlesex Gentleman In whom the Fee Simple of the said John Lord Barclays undivyded Moyeties of all and Singular the premisses by good and sufficient conveyance was then vested The said William Penn Gavin Lowrie Nicolas Lucas and Edward Billing did bargian sell release and confirm unto the said Sir George Cartwright his Heirs and Assignes all that Easterly part share and portions and and all these Easterly parts shares portions the said whole and entire Tract of Land and Premisses beforementioned Extending Eastward and Northward alongst the Sea-Coasts and the said River called Hudsons River from the East-side of a certain place or harbour lying on the Southren part of the same tract of Land and commonly called or knâ—wen in a Mape of the said tract of Land by the name of Little Egge harbour to that part of tho said River called Hudsons-River which is in fourty one degrees of Latitude being the farthermost part of the said Tract of Land and Premisses which is bounded by the said River and crosing over from thence in a Straight Lyne extending from that part of Hudsons-River aforsaid to the most Northermost branch of the aforementioned River called Delawar River And to the most Northerly point and Boundarie of the said entire Tract of Land and premisses now called the North-partition Point And from thence that is to say from the North partition point Extending Southward unto the more Southerly point by a straight and direct Lyne drawen through the said tract of Land from the said North partition point unto the said South partition point by the consent and agreement of ohe said parties now called the Lyne of partition And by them intended for the dividing and making a partition of the said Easternly part Share and portion from the Westernly part Share and portion of the said tract of Land and premisses And all and every the Isles Islands Rivers Mynnes Mineralls Woods Fishings Hawkings hunttings and Foullings and all other Royalties Governments powers Forts Franchises Harbours Profits Commodities and Hereditaments whatsoever unto the said Easternly part Share and portion of the said Tract of Land and premisses belonging or in any waves appertaining with their and every of their appertenances And all the Estate Right Tittle Interest Property Claim and Demand whatsoever of them the said William Penn Gavin Lowrie Nicolas Lucas and Edward Billing and of each and every of them of in to and out of the said Easternly part Share and portion of the said Tract of Land and Premisses and every part and parcell thereof And the Reversion and Reversions Remainder and Remainders of the same and every part and parcell of the same All which said Easternly part Share and portion parts Share and portions was and were then and now is and are by the Consent and agreement of the said parties to the said partition called and agreed from thenceforth to be called by the names of East-New-Jersey and is all that and only all that part Share and portion and all this parts shares and portion of the said Tract of Land and premisses so conveyed by his said Royall Highness as aforesaid as lyeth extended Eastward from the Eastside of the said Lyne of partition before mentioned To hold unto the said Sir George Cartwright his Heirs and Assignes in severaltie to the use of him the said Sir George Cartwright his Heirs and Assignes for ever Vpon which partition so made and such conveyances so executed as aforesaid He the said Sir George Cartwright became Seazed of all that Easternly part of the said premisses now called East-New-Jersey with the appertenances in Severaltie And whereas the said Sir George Cartwright being by vertue of the said Assurances and partition aforesaid soll Seazed to him and his Heirs of the said premisses called East-New-Jersey by his Last Will and Testament in writing bearing date on about the first day of December in the year of
Our Lord one Thousand six hundreth seventie and eight Did devise the same and all his Estate therein amongst other things To the Right Honourable Edward Earl of Sandwich the Right Honourable John Earl of Bath The Right Honourable Thomas Lord Crew Barron Crew of Steane The Honourable Bernard Greenvile Esquire brother of the said Earl of Bath The Honourable Sir Robert Atkins Knight of the Bath and the Honourable Sir Edward Atkins Knight one of the Barrons of his Majesties Court of Exchequer and their Heirs in trust to sell the same for payment of his Debts and Legacie as in and by the said will relation being thereunto had may appear and shortlie after dâ—ed And whereas the said John Earl of Bath Thomas Lord Crew Bernad Greenvile Sir Robert Atkins and Sir Edward Atkins by Indentures of Lease bearing date the fifth and sixt dayes of March in the 32 year of his Majesties Reign Conveyed the said Premisses amongst other things to Thomas Cremer of the Parish of Sanct Andrews Holbern in the Countey of Midle sex Gentleman and Thomas Pecock of the same Gentleman As by the said Indentures Relation being thereunto had it may appear And whereas the said Earl of Sandwick by his Indentures bearing date the Twenty day of February last past Hath released all his Estate Interest and trust in the said Premisses To the said Earl of Bath Lord Crew Bernard Greenvile Sir Robert Atkins and Sir Edward Atkins and their Heirs As by the said Indenture relation being thereunto had may appear And whereas the said Earl of Bath Lord Crew Bernard Greenvile Sir Robert Atkins and Sir Edward Atkins by the Consent and directions of Dam Elizabeth Cartwright Relict and Executrix of the said sir George Cartwright and the said Thomas Cremer and Thomas Pecock by the consent and directions of the said Dam Elizabeth Cartwright Earl of Bath Lord Crew Bernard Greenvile sir Robert Atkins and Sir Edward Atkins Have by Indentures of Lease and Release bearing date the first and second dayes of February last past Granted and conveyed to the said William Penn Robert West Thomas Rudyard Samuell Groome Thomas Hart Richard Mew Thomas Wilcox of London Goldsmith Ambrose Rigg John Haywood Hugh Hartshorn Clement Plimisted and Thomas Cowper their Heirs and assignes all the said premisses called East-New-Jersey Together with all Isles Islands Rivers Mines Mineralls Woods Fishings Hawkings Huntings Foulling and all other Royalties Priviledges Franchess Forts Harbours Profits Commodities and Hereditaments whatsoever thereunto belonging As in And by the said Indentures relation being thereunto had may more at large appear And whereas the said William Penn Robert West c. Have since conveyed one Moyties of that said tract of Land called East-New-Jersey and of all other the Premisses to the said James Earl of Perth John Drummond Robert Barclay Robert Gordon Arent Sonmans Gavin Lowrie Edward Billings James Branie William Gibson Thomas Barker Robert Turner and Thomas warne who are hereby become tennents in common of the said Premisses called East-New-Jersey with the said William penn Robert West Thomas Rudyard Samuell Groome Thomas Hart Richard Mew Thomas Wilcox Ambrose Rigg John Hay Wood Hugh Harthorns Clement Plumsted and Thomas Cowper And whereas the said Thomas Wilcox hath since conveyed all his Share Estate and Interest in the said Premisses to the said David Barclay and his Heirs And whereas by the said severall recited Letters Patents made by his said Majestie unto his said Royall Highness as aforesaid several powers and Authority are and were Given granted unto his said Royall Highness his Heirs and Assignes to be execut by his said Royall Highness his Heirs or Assignes or by the Deputies Agents or Commissioners of his said Royall Highness his Heirs or Assignes which are necessarie as well for the Planting Peopleing and Improving of all and every the respective Lands Places and Territories thereby granted And for the Transporting thither from time to time such of his Majesties Subjects as should be willing to go or be Transporting into these parts or any of them As for the Defending Guarding and keeping of the same As also for the well governing of the same and of all such as are and shall be inhabiting in the same And for the making ordaining and executing of necessarie and convenient Laws and Constitutions in order to such Government and the Punishing and Pardoning Offences and Offenders as occasion shall require And to Nominat Make Ordain Constitut and Confirm And also to Revock Discharge Change and Alter all and Singular Governours Officers and Ministers which by his said Royall Highness his Heirs or Assignes shall be from time to time thought fit and needfull to be made ordained appointed or used in the saids parts or places or any of them And to do all other things needfull usefull and necessarie for the well Governing keeping Defending and preserving the said respective places and Territories and of every of them and all such as are or shall be Inhabiting there Now These Presents Witnesseth That for and in consideration of a competent sume of Lawfull English money unto his said Royall Highness in hand payed And for the better Extingushing all such claimes and Demands as his said Royall Highness or his Heirs may any wayes have of or in the Premisses aforesaid now called East-New-Jersey or any part of them And for the further and better settling and conveying Assuring and Confirming of the same and of every part thereof according to the purport and true meaning of these presents His said Royal Highness the said James Duke of York hath granted bargained sold released and confirmed And by these presents as far as in him lyeth Doth grant bargaine sell release and confirme unto the said James Earl of Perth John Drummond Robert Barclay c. their Airs or Assignes All that part share and portion and all these parts shars and portions of all that entire Tract of Land and all these entire premisses so granted by his said Royal Highness unto the said John Lord Barclay and Sir George Cartwright and their Airs as in by and upon the said partition was and were Vested in the said Sir George Cartwright and his Airs and then agreed to be called by the name of East-New-Jersey Together with all Islands Bays Rivers Waters Forts Mines Querries Royalties Franchises and Appurtenances whatsoever to the same belonging or in any wayes appertaining And all the Estates Rights Title Interest Reversion Remainder Claime or Demand whatsoever as well in Law as in Equitie of his said Royal Highness James Duke of York of in to or out of the same or any part or parcell of the same As also the free use of Bayes Rivers and Waters leading unto or lying between the said Premisses or any of them in the said parts of East-New-Jersey for Navigation free Trade Fishing or otherwayes To have and to hold unto the said Earl of Perth John Drummond Esquire c. their Airs and Assignes for ever To the only use 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-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 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
their Airs or Assignes every five and twenty day of March the English accompt of _____ Lawfull money of England for every of the said Acres to be holden of the Manner of _____ in free and Common Soccadge The first payment of which Rent to begine the five and twenty day of March which shall be in the year of our Lord one Thousand Six hundreth and seventy according to the English accompts Given under the Seal of the said province the _____ day of _____ In the year of our Lord 1666. 2ly To which Instrument the Governour or his Deputie hath hereby full power to put the Seal of the said Province and to Subscribe his name also the Council or Major part of them and subscribe their names And then the Instrument or grant is to be by the Register recorded in a book of records for that purpose All which being done according to the Instructions We hereby declare the same shall be effectual in Law for enjoyment of the saids Plantations and of all the benefits and profits of and in the same except the half part of mines of gold and Silver paying the rent as aforesaid Provided that if any Plantation so granted shall by the space of 3 years be neglected to be planted with a Sufficient number of Servants as is before mentioned That then it shall and may be Lawfull for us otherwayes to dispose thereof in whole or in part this grant notwithstanding 2ly Item We do also grant convenient Proportions of Land for Highwayes and Streets not exceeding one hundreth foot in breadth Cities Towns and Villages c. And for Churches Forts Wharfes Keys Harbours and for publict houses and to each parish for the use of their Ministers two hundreth acres in such as the Generall Assemblie shall appoint 4ly Item The Governour is to take notice that all such Lands laid out for the uses and purposes aforesaid in the next proceeding Articles shall be free and exempt from all Rents Taxes and other charges and duties whatsoever payable to us our Aires and Assignes 5ly Item That in laying out of Lands for Cities Towns Villages Burghs or others Hamiletts The said Land be devided into 7 parts one seventh part whereof to be Laid out by Lott for us and the rest to be devided to such as shal be willing to build thereon they paying after the rate of one pennie or half pennie per Acre according to the value of the Land yearly to us As for their other Lands aforesaid which said Lands in Cities and Towns c. is to be assured to each Possessor by the same way and Instrument as is before mentioned That all rules relating to the building of each street or quantitie or ground to be alloted to each house within the said respective Cities Burghs and Towns be wholly lâ—ft by Act as aforesaid to the Wisdom and discretion of the Generall Assemblie 6ly Item That the Inhabitants of the said Province have free Passage through or by any Seas bounds Creeks Rivers c in the said Province through or by which they must necessarily pass to come from the Main Ocean to any part of the Province aforesaid 7ly Lastly It shall be lawfull for the Representative of the Free-holders to make any address to the Lords touching the Governour or Council or any of them or concerning any grievance whatsoever or for ny other thing they shall desire without the Consent of the Governour and Council or any of them Given under our Seal of our said Province the tenth day of January In the year of our Lord one Thousand six hundreth sixty and four John Barclay G. Cartwright By this Constitution of Government by the Lord Barclay and Sir George Cartwright such provision is made both for Liberty of Religion and Property that the Province hath been considerably peopled many resorting thither from the Neighboring Collonies beside what have gone from England and this Kingdom within this few years so that the planters are able to muster 600 well Armed Men. The Proprietors have framed a new Schem of Government which is not yet fully concluded on but it is intended rather to be an enlarging than an abbreviating of the former and making more easie and advantagious for the Inhabitants the chief parts of it are That the 24. Proprietors shall chuse a Governour 16. of them has a Conclusive Vote in it after the death of him now chosen he shall continue but for 3 years and be lyable to the Censure of the Proprietors and great Council and punishable if he transgress There is a great Council to meet once a year and sit if they see meet for three Moneths consisting of the 24. Proprietors and 28. chosen by the Planters and Inhabitants two thirds Conclude the one half of the Proprietors assenting and no money can be raised or Law made to touch any mans Libertie or Property but by this Council There is a Common Council to sit constantly Consisting of the 24. Proprietors or their Proxies and nine chosen out of the Representative of the Planters in all 33. to be divided into three Commities 11. to each one for the Publick Policie One for the Treasurie and Trade and one for Plantations To aviod Lording over one another No Man can purchase above the 24th part of the Countrey And on the other hand least any should squander away their Interest â—nd yet retain the character of the Government that belongs to Property and thence be capable to betray it as not being bound by Interest there must be a suteable quantity retained otherwise the Title in the Government extinguishes in him and passes to another to be Elected by the Proprietors that Dominion may follow Property and the inconveniency of a Beggarly Nobility and Gentry may be avoided No man can be judged in any cause either Civil or Criminal but by a Jury of his Peers and to avoyid in that all Caballing the names of all the County or Neighbourhood Capable to be Chosen are to be write in little pieces of Parchement and the number of the Jury to be taken out by a Child under 10. years of age And the Proprietors as well as others are to be lyable to the like tryall and not under any Exception Libertie in matters of Religion is established in the fullest manner To be a Planter or Inhabitant nothing is more required but the acknowledging of One Almighty GOD and to have a Share in the Government A simple profession of faith of Jesus Christ without descending into any other of the differences among Christians only that Religion may not be a cloak for disturbance who ever comes into the Magistrature must declare they hold not themselves in conscience obliged for Religions sake to make an alteration or to endeavour to turn out their partners in the Government because they differ in Opinion from them and this is no more then to follow that great Rule To do as they would be done by These are the Fundamentals which are
considerable Plantations within the Jurisdiction of that Town viz. Captain John Broun and others that first settled who removed out of the Town and settled greater plantations abroad Richard Hartshorn hath a Plantation with considerable Land belonging to it part within and part without Sandy Hook which with a part of Coney Island and Long Island opposite to it makes the entrance into the Bay that goes up to Now-York and also to the Lands of East-New-Jersey the Town is above 5 myles from the entrance of the Creek or River that goes up to it from the Bay There was a Plantation one the Norths side of the Creek at its entrance first settled by Nicolas Davis having a large tract of Land belonging to it of 2. or 3000. Acres since devided to deverse besides several Out-plantations and there is a great Deall of waist Land and other Improveable betwixt this said Piscattaway for about 20. myles There was a court of Sessions held twice or thrice a year for these two Towns and their Jurisdictions Thirdly Piscattaway Lyes next 25. or 26. myles from Midletoun Irs up Rariton River 5. or 6. myles westward in and there is about half myle within Land The entrance into Rariton River is at the bottome of the Southren bay and opposite to the Southermost point of Staten Islands the Northwest point of the entrance is called Amboy point where is a fair tract of Land formerlie reserved by the proprietor for his own use There are several Plantations all along on the North side of the River as you goe up to the Town and some on the South-side among which are considerable belonging to one Thomas Lauernce a baker at New-York his wife son about 3000. Acres Vp higher on Rariton River near the falls which are about 3. miles over Land there are severall Plantations a good big vassel loaden may goe up to the falls and so may above it for several myles in the River At the falls its foordable for horses and other cattle unlâ—s in great Floods when men may goe over 〈…〉 boats and Canows and horses will swim over though the River be a good breadth About the falls there are severall tract oâ—… Lands some upon on side some on the other siâ—… the River viz a place called by the Inâ—…ans Rachahova-Wallaby Captain John Palmer of Staten Islands Mr. Thomâ—… Coddrington Mr. White and Company Merchant at New-York in part setled there on 6. or 7000. Acres M. John Robison Mr. Samuell Edsall and Company of New-York on 6. or 7000. Acres Captain Palmer Mr. Whyte Captain Corsen and Company on 5. or 6000. Acres There is some other Land taken up by Milstoun River which comes into Rariton River and is near the midle bounds between the two Province of East and West-Jersey you pass Milstoun River to goe over Land from Piscataway to Meltinsed in Island in Delaware River which is near Burlingtoun The Town Consists of about 80 Families and of about 400. Inhabitants and of Acres about the Town about 10000 and for the out-Plantatations 30000. Woodbridge is over Land from Piscattaway about 7. or 8 miles it lyes up a River the entrance whereof is about 5 or 6 miles to the North of Amboy-Point the side ebbing and flowing betwixt the Main Land of New-Jersey and Staten Island on the Westside as it doeth on the East-side of the said Island and Long Island On the South side of the entrance into the River or Creek Mr. Delapairs Surveyour Generall hath a neat Plantation and he hath severall tracts of Land in the Province There are other Plantations on the South side of the River or Creek within Land and diverse on the Northside lying along the water side opposite to Staten Island untill you come to a Creek or River that divydes their bounds from these of Elezabeth Town the mouth of it being 8. or 9. myles from Woodbridge There are severall Plantations up the South-side of the Creek to the Road that goes along from Woodbridge to the Town and passeth over that River it being foordable over the Plantation on the north side Sayling to Elizabeth Town It s reckoned from one Town to the other ahout 15. or 16. miles over-Land but it s more by water This Town pretends to have more priviledges them any other Town in the province and hath a Charter of Corporation It hath a Court house and a prison built on their charge It consists of about 120 Families and 600. Inhabitants The Acres taken up by the Town may be about 10000. and for the Out-plantations about 20000. Elizabeth Town is the first new place that was settled 1664. by vertue of a patent from Mr Nicolas to Captain John Baker before the Lord Barclay and Sir George Cartwrights Tittle was knowen This Town lyes up 3. myles within a Creek the entrance whereof is almost opposite to the North-west-end of Staten Islands There are several Out-plantations on the North side of the River which devides the hounds between this Town and Woodbridge particularlie where the roads pass over to which place is about 7 or 8 myles There are other plantations at the point or entrance of the Creek on the North side if it comonly called Governour Cartwrights point where there is another ferme between the proprietor and him It s but a narrow passage there over to the Meadows of Staten Island then on Northward there are other Plantations fronting to the Bay that lyes to the North part of Staten Island beside some other within Land from the Town to New-York bounds There is in this Town a house orcheards and ferm within the Town in partnership between the Proprietor and Governour Philip Cartwright it being one of the first house built there and hath all along been the residence of the Governour untill of late he hath finished his New-house The Town is built on both sides of the Creek and Consists of 150. Families and of 700. Inhabitants The Acres taken up by the Town are computed to be 10000. and for the Out-Plantations 30000. Newark alias Millfoord is a Town distant to the Northward over Land from Elizabeth Town about 6 or 7 myles It lyes on a River called Newark River which emptieth it self into the Bay about 4 or 5 myles down opposite to the Town on the North side of the River lyeth a great tract of Land belonging to Mr. Kings-Land and Captain Sanfoord the quittrents whereof is purchased There is another great tract of Land taken up higher in the River by Captain Berrie who hath disposed of a part of it There are several Plantations setled there It s said he hath about 10000. Acres there farther up the water is an Island of about 1000. Acres belonging to Mr. Christopher Hoogland of Newark if it be not an Island it is tyed by a very narrow slip of Land to the Continent Above that again is a greater tract of Land above 8. or 9000. Acres purchased by Lease of the Governour according to the Concessions by