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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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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 yea● 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 kn●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
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 ou● 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
right of Patronage and power of Advousone granted by his Ma●esties Letters patents unto his Royall Highness James Duke of York and by his said Royall Highness unto us thereby to infringe the Generall Clause of Libertie of Conscience aforementioned We doe hereby grant unto the Generall Assemblie of the said province power by Act to Constitute such and so many Ministers or Preachers as they shall think fit and to establish their Maintainance giving Libertie besides to any person or persons to keep and Maintain what Ministers or Preachers they please 9ly Item That the Inhabitants being Free men or chief Agents to others of the province aforesaid do as soon as this our Commission shall arryve by vertue of a Writ in our names by the Governor to be for the present untill our Seall comes Sealled and Signed make choice of twelve Deputes or Representatives from among themselves who being chosen are to joyne with the said Governor and Council for the making such Laws Ordinances and Constitutions as shal be necessarie for the pr●sent good and welfare of the said Province But so soon as Parishes Divisions Tribes and other Distinctions are made that then the Inhabitants or Free holders of the several and respective Parishes Tribes or Dominions and Restrictions aforesaid do by Our Write under Our Seal which we engage shall and be in due time issued annually meet on the first day of January and choise Free-holders for every respective Division Tribe or Parish to be the Deputies or Representatives of the same which body of Representatives or the major part of them shall with the Governour or Counsel aforesaid be the General Assemblie of the said Province the Governour or his Depute being present unles they shall wilfullie refuse In which case they may appoint themselves a President during the absence of the Governour or Depute Governour Which ASSEMBLIES are to have Power 1. To appoint their own time of meeting and to adjourne their Sessions from time to time to such times and places as they shall think convenient As also to as certaine the number of their Quorum Provided the said number be not less then the 36. part of the whole in whom or more shall be the full power of the General Assemblie viz. 2ly To Enact and make all such Laws Acts and Constitutions As shall be necessarie for the well Government of the said Province and them to repeall Provided That the same be consonant to Reason and as near as may be Convenientlie agreeable to the Laws and Customes of his Majesties Kingdom of England Prvided also that they be not against the Interest of us the Lords Proprietors our Airs and Assignes or any of these our Concessions Especially that they be not repugnant to the Article for Libertie of Conscience abovementioned which Laws c. so made shall receive Publication from the Governour and Councill but as the Laws of us and our General Assemblies and be in force for the space of one year and no more unless contradicted by the Lords Proprietors within which time they shall be presented to us our Heirs c. for our ratification And being confirmed by us they shall be in continual force till expyred by their own Limitation or by Act of Repeal in like manner to be passed as aforesaid and confirmed 3ly By Act as aforesaid to constitute all Courts together with the Limits Powers and Jurisdictions of the same and also the several Offices and number of the Officers belonging to each Court with their respective Salaries Fees and Perquisits their Appellations and Dignities with the Penalties that shall be due to them for the breach of their several and respective Duties and Trusts 4ly By Act as aforesaid to lay equal Taxes and Assesments equally to raise Moneys or Goods upon all Lands except us the Lords Proprietors before settling or Persons within the several precints hundreds Parishes Manours or whatsoever other Divisions shall hereafter be made and established in the said Province as oft as necessity shall require and in such manner as to them shall seem most equal and easie for the said Inhabitants in order to the better supporting of the publick Charge of the said Government and for the mutual Safety Defence and Security of the said Province 5ly By Act as aforesaid to erect within the said Province such and so many Manours with their necessary Courts Jurisdictions Freedoms and Priviledges as to them shall seem meet and convenient As also to divide the said Province into Hundreds Tribes Parishes or such other Divisions and Districtions as they shall think fit and the said Divisions to distinguish by what manner we shall Order or Direct And in default thereof by such names as they please As also within the said Province to creat and appoint such and so many Ports Harbours Creeks and other places for the convenient Loading and Vnloading of Goods and Merchandise out of Ships Boats and other Vessels and shall be expedient with such Jurisdictions Priviledges and Franchises to each Ports c. belonging as they shall judge most conducing to the general good of the said Plantation or Province 6ly By their enacting to be confirmed as aforesaid to Erect Raise and Build within the said province or any part thereof such and so many Forts Fortresses Castles Cities Corporations Burrows Towns Villages and other places of Strength and Defence and them or any of them to incorporate with such Charters and Priviledges as to them shall seem good and the Grant made unto us will permit And the same or any of them to fortifie and furnish with such provisions and proportions of Ordnance Powder Shot Armour and all other Weapons Ammunition and habiliments of War hoth Offensive and Defensive as shall be thought necessary and convenient for the Safety and Welfare of the said Province But they shall not at any time Demolish Dismantle or Disfurnish the same without the consent of the Governour and the Major part of the Councill of the said Province 7ly By Act as aforsaid to Constitute Train-bands and Companies with the number of Souldiers for the Safetie Strength and defence of the said Province and of the Forts Castles Cities To Suppresse all Munities and Rebellions to make war Offensive and Defensive with all Indian Strangers and Forrainers as they shall see cause And to pursue an enemie by Sea as well as by Land if need be ou● of the Limitts and Jurisdictions of the said Province with the particular cons nt of the Governour and under his conduct or of our Commanders in chief or whom he shall appoint 8ly By Act as aforesaid to give unto all Strangers as to them shall seem meet a Naturalization and all such Freedomes and Priviledges within the said Province as to his Majesties Subjects do of right belong they Swearing or Subseryving as afores●id said Stranger so Authorized and Priviledged shall be in all respects accounted in the said Province as the Kings naturall Subjects 9ly Item By an Act as