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
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 EDINBURGH Printed by John Reid And Sold be Alexander Ogston Stationer in the Parliament Closs Anno DOM. 1685. TO JAMES Earl of PERTH Lord DRVMMOND and STOBHALL c. Lord High Chancellour of SCOTLAND JOHN Viscount of Melfoord Lord Drummond of Gilston Secretar of State for the Kingdom of Scotland one of the Members of His Majesties most Honourable Privy Councill in both Kingdoms GEORGE Viscount of Tarbet Lord Mccloud and Castle Haven Lord Clerk Register of Scotland and one of His Majesties most Honourable Privy Council there My Noble Lords AS your Lordships concern in East-Jersey makes it appear to all intelligent persons that it is a Nationall interest to advance in generall the design of a Plantation hence to America so that in particular East-Jersey is the most proper place seeing your Lordships have chosen it among all the other parts of that continent to settle your interest there Yet my Lords there are to our shame a parcell of people who whether out of Ignorance or Malice I cannot well determine decry the design I believe they have a share of both and thereby weakens not a little the hands of a number of well meaning people who would gladly promot the same effectualy were they not imposed upon by the false rumours industriously spread abroad to stiffle any such inclinations I have been advised to consent to the publishing of the following sheets at first collected only for my own divertisement and more clear information in the affair As what may tend some what to prevent any foolish misrepresentation when by the perusall of the accompts from thence the least jealousie is removed of any cheat in the thing it self so advantagious a Character of the place coming from so many different hands I have had too many demonstrations of your Lordships favour to fear your displeasure upon accompt of my presuming to send the same abroad under your Patrociny yea I dare further adventure without the least apprehension of your dissatisfaction with me upon that head to mind your Lordships that as you have laid the foundation of this design as to any concern of this Countrey in that place so it is expected your Lordships will continue to encourage the same in process of time your Lordships may render your Names and Families as considerable in America as they are in Europ My Lords having resolved to dedicate my self Family and Fortune to the promoting of this design I should the more easily digest any frauns of Providence I have been trysted with were I so fortunat as to find the opportunity in Jersey of testifying my resentments of the favours I have received at your Lordships hands in Scotland by noticeing any of your Lordships concerns there and contributing what in me lyes to advance the same nothing shall be wanting in me to testifie how much I am My Noble Lords Your Lordships most humbly devoted Servant George Scot. Advertisement be the Printer to the Reader That whereas the Authors other pressing affairs hindered him from overseeing the Press as otherwayes he would there is not that correctness requisit in the following sheets it is hoped the Reader will upon this reason pardon the same and with his pen help what he finds amiss The pages 62 and 63 are misplaced and are to be read according to the number An Account of the Incouragement for promoting a Design of Planting in East-New-Jersey containing the Constitutions and Model of Government of that Province in a Letter from a Gentleman at Edinburgh concerned there to his Correspondent in the Countrey Sir PErceiving by your last Discourse that you not only appeared somewhat resolved to be your self concerned in promoting the present Design of carrying on a Plantation in America but to endeavour to engage several of your Friends in the same undertaking when you found any probability of its taking effect I find my self obliged for your more full Information 〈◊〉 let you know at more length the Reasons inducing me to be so much concerned in the promoâ—ing this Affair submitting very willingly the grounds prompting me hereto to your most narrow scrutiny whether in so doing I act Rationally or not Having at London in the year 1679 the opportunity of frequent converse with several Substantial and Judicious Gentlemen concerned in the American Plantations I had thereby the opportunity of understanding throughly the great advantage redounding to that City from Undertakings of this nature and rational grounds of Conjecture That their Commerce with that place of the World hath been one of the greatest Improvements of that Trade they have for many years enjoyed which hath rendered it now one of the most considerable Cities in Europe the Customes thereof which in Queen Elizabeths time were farmed at Fifty thousand pounds paying now in to the Exchequer near seven hundred thousand pounds yearly which great Improvement may be much attribute to their Trade with America brought now in a great manner to Perfection which at that time was but in its Infancy From that time I began to have strong inclinations to be more fully informed in that Affair and to be at all imaginable pains to notice the same verie concernedly and for my more full satisfâ—ction I judged iâ— requisit to trace the verie beginnings of all the English Plantations and their gradual progresses ere they arrived at that perfection they presently are at I could not rest satisfied with the first Methods I proposed to my self in Order to this of discoursing at large with such as had been in the several Plantations by putting such interrogators to them thereanent as I judged most proper for informing my self in all things relative to that knowledge I judged requisit for my own clear information and for being a foundation to a Design I then began to frame of being therein my self some way interested And tho I found one and the same accompt given me in Solution of the most material Questions I proposed Yea from several hands who were such whose knowledge in other things with the good Character they generally went under obliged me to notice their information as truth without the least jealousing the verity of the accompt they gave me yet for my more full satisfaction I proposed what I judged would contribute more clearly to my full understanding that affair to wit the perusal of all the Geographicall descriptions of these places in America inhabited by the English The first thing which offered to my view in this search was a question in it self both pleasant and material What way the continent of America came first to be inhabited after the Flood it being a World wholly unknown to the Europeans Asiaticks and Africans till the late discovery thereof by Americus Vesputius and Cristophorus Columbus since by all ciâ—cumstances it
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
Islands aforesaid or touching any Judgement or Sentence to be there made or given And further that it shall 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 shall 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 necessar for and concerning the Government of Territories and Islands aforesaid So alwayes as the same be not contrary to the Laws and Statutes of this Our Realm of England but as near 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 shall 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 all such Governours Deputes Officers and Ministers as from time to time shall be Authorized and appointed in manner and form aforesaid shal and may have full power and Authority within the Territories aforesaid to use exercise Martial Law in cases of Rebellion Insurrections Mutiny inas large and ample a manner as our Leiutenents in our Countries within Our Realm of England have or ought to have by force of their Commissions of Leiutenency 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 so many person or persons to Trade Traffique into within the Territories and Islands aforesaid to every and any part parcel thereof 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 take load carry and transport in and unto their Voyages for and towards the Plantations of our Territories and Islands aforesaid 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 Furniture or any other things usually Transported and not Prohibited as shall 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 Us our Heirs and Successors the Customes and Duties thereof 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 ouâ— said Brother his Heirs or Assignes shall be appointed to have Power and Authority of Government and Command in and over the Inhabitants of the said Territories and Islands that they and every of them shall 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 Heirs and Assignes shall attempt to Inhabit 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 out 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 Us 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 notwithstading In witness whereof We caused these Letters to be made Patent Witness our self at Westminster the 29. day of June in the 16. Year of Our Reign The SCOTS Proprietors are the Earl of Perth Lord High Chancellour of SCOTLAND his Brother the Viscount of Metfoord Secretar of State for this Kingdom and the Viscount of Tarbit Lord Register Five hundred thousand Acres being seven parts of the 24. belongs to these three and some other Gentlemen This Province or Collony lyes betwixt 39. and 41. Degrees of
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
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
just now built in Perth altogether of Cedar-Wood it is reckoned a wood of no value here except for its lastiness I intend to follow Planting my self and if I had but the small Stock here I have in Scotland with some more servants I would not go home to Aberdeen for a Regencie as was profered me neither do I intend it however hoping to get my own safe over we are not troubled here leading our pitts mucking our Land and Ploughing 3. times one Plouing with 4. or 6. Oxen at first breaking up and with 2. horse only thereafter suffices for all you may judge whither that be easier Husbandrie than in Scotland But I know you are no good Husband-man But which of the foresaid trades you will choice if you will come here you self is more then I can divine or will advise you to I have told you how things are and in Gods-Name take your own choice as I have done I shall tell you what I would do were I in your place if it shall fall out you do come I would get some trusty Comorads Merchants to joyn with me and sett up a trade in Perth for I think a mans own trade fitts him best if you have 5000. Merks it is enough 4. in goods and one in money Let none come here destitute of money it is of great request here and gets chape Penyworths and 25. per cent of advantage by it but I doe not advise you for if you should meet with such trouble and disopoyntments as we have done by being put by our Post you would perhapps be discouraged give me the blame all our baggadg is not yet come from Maryland and I want yet my bed Cloathes and the Land I intend to settle on is not yet purchassed from the Indians for after I have viewed all the Province such of it as is yet habitable I have chosen the South branch of Rariton-River for conveniency of Fishing Fowling and Meadow but all the best Land lyes back from the Rivers and the Sea Costs the further back the better it is which necessitates me to go a mile back In breif what you heard of the countrey is all true so I need not spine out long Discriptions of it no unbyassed and indifferent Person will speak ill of the Land it is both pleasant and wholesome and industrous People after some few years Labour may lead a pleasant easie Life and want for nothing And I am of opinion may grow rich too if they take pains for it and follow Merchandising and some are actaually grown rich since they came here who had nothing before if any shal miscredit what I have said I shall not think my self baffled for that but let them live in their opinion and I will live in mine And if they please they may do with me as I did with John Skeens Wife cast my Letters in mine own teeth and when they come upon the place I shall make good what I say face to face as she did to me and if they come not themselves they need not trouble themselves whither it be true or false The goods fit for this Countrey are all kind of house-hold Plenishing without which and a years provision in victualls let none come hither if they would wish not to be preyed on by the old Planters All course cloath such as hodden-grayes and Playding course Stockâ—ns and Linning no fine things for an infant Countrey except for a mans own use course Bedding and Blankets Governour Barclay can give you full information as to this point The Inconveninencies we have met with are great trouble and charges for want of our baggadge there is likewise trouble and charges in the first setlement in carting out ones goods to the woods fencing is the cheif Difficulty and if theâ—e be many great trees the logges most be drawn off with oxen and the branches burned the trees are falled equal to a mans thigh hight but the roots are no impediments where is much brush the roots most be plucked up with grubbing howe 's any man may learn Husbandries here who was not aquaint with it in Scotland Tobacco would grow here as well as in Maryland but it is best for European graines I doe not intend to write more Letters to Edinburgh with this occasion being busied about mine own setlement therefore I intreat you will remember me to all my friends Relations Comarads and Acquaintances at Edinburgh and shew them of my wellfair that I had not my health so well this 7. years bygone as now Blessed be God and that I am not troubled here with coughs and head aikes as in Edinburgh which is likewise a great motive for me to stay in this Countrey I intreat to hear from them all you will not readily miss occasions from London every Moneth to some place in America And there is ordinarly occasions hither from the Neighbour Collonies I have received Letters from the Bissets and my Brother from Mr. Alexander since we came I intreat to hear particularly from the Professor of Divinitie and Mathematicks Doctor Pitcairn Mr. George Burnet Richard Maitland Mr. George Alexander and any others who shall ask for me wishing you and all your concerns well I continue Dear Cusin Your most affectionate Cusin and humble Servant Charles Gordon P stscript by the foresaid hand If any pleases to tell me what their scruples are I shall endeavour to answer them if Servants knew what a Countrey this is for them and that they may live like little Lairds here I think they would not be so Shey as they are to come and during their service they are better used then in any place in America I have seen you may know my Subscription by the sign I gave you of my Pistoles misserving in the Boat or at least when you tell your Mother you may mind on me for you will miss some pints of wine you spent with me that Fridays night you convoyed me aboard on the Shore and in the Ship If there were a Caball of Merchants here to export the product of the Countrey to Barbadoes and the West-Indies and to Import Rumm Malasses Suggar and Cotton c. it would do a great deal of good to this Countrey I intreat to know what remarkable Revolutions has hapned either abroad or at home since I came away Any Merchants who settles here must take Lotts in the Town and build houses Mr. David Mudie is building a stone house and hath already an Horse-mill ready to set up presently in New-Perth Adue For Mr. James Mudie Merchant in Montrose New-Perth the 9th of March 1685. Sir MY Love ever being remembered to your self Lady and Children these are earnestly intreating you to let my Wife have any little thing she stands in need of untill it shall please the Lord I return and I shall pay you very thankfully I have left Thomas Parson and resolves to trade this Summer in the Countrey and to come home with your Uncle