A SKETCH 
 
 OF THE 
 
 Life & Character 
 
 OF 
 
 John Fenwick, 
 
 BY 
 JOHN CLEISIENT. 
 
 Published by the 
 
 FRIENDS' HISTORICAL ASSOCIATION, . 
 
 OF PHILAl.KLPHIA. i^/ ^ l^ A/U^ ^ut^ H^ 
 
 PHILADELPHIA: 
 
 Henry 8. Volkmar, Sticam-power Printer, 
 
 30 & 32 South Seventh St. 
 
 1875. 
 
A SKETCH 
 
 OF THE 
 
 Life & Character 
 
 OF 
 
 John Fenwick, 
 
 BY 
 
 JOHN feLElVIENT. 
 
 Published by the 
 FRIENDS' HISTORICAL ASSOCIATION, 
 
 OF PHILADELPHIA. 
 
 PHILADELPHIA : 
 
 Henry S. Volkmar, Steam-power Printer, 
 
 30 & 32 South Seventh St. 
 
 .875. 
 
_,C"B* 
 
 rr 
 
 31 
 
LIFE AND CHARACTER 
 
 OF 
 
 JOHN FENWICK 
 
 ^Sr 
 
 THE reader of history is naturally drawn towards 
 a more intimate acquaintance with the j)ersons 
 by whose acts such history originated, to be better 
 informed in regard to the lives, characters and motives 
 of such; and more familiar with the resources, the 
 talents and the leading traits of those whose names 
 cannot be separated from its inception and develop- 
 ment. So much of interest is embodied, that the 
 inquiring mind tends in that direction involuntarily, 
 and every incident relating thereto is duly considered. 
 The causes that originated the purpose intended are 
 sought for, and the inquiry does not end until they 
 be fully traced. Whether the object to be attained 
 be disinterested or selfish; of personal aggrandizement 
 or enlarged philanthropy; whether actuated by relig- 
 ious zeal or military ambition, the first participants 
 draw around them the thoughtful consideration 
 of every student. The lapse of time adds to 
 the obscurity of events that bear upon a subject 
 sought to be understood, leaving many things im- 
 
possible of explanation however carefully examined. 
 Wrong conclusions are too often arrived at for want 
 of proper evidence, and errors allowed to creep in 
 and be accepted, which in the light of truth would 
 at once be swept away. If the motives that control 
 the actions of men be not understood or appreciated 
 by such as are contemporary with them, scarcely as 
 much need be expected of those who are forced to 
 draw their opinions from results only, and that after 
 centuries have passed away. The heat of party con- 
 troversy, the rivalry of ambitious persons, and, too 
 often, the spirit of envious detraction, hides the real 
 object of individuals, and leaves inquirers in doubt 
 forever after. The history of the first settlement on 
 the shores of the American continent under the 
 j)atronage of the British government, although not 
 very remote in point of time is not satisfactory nor 
 free from doubt in many particulars. The religious 
 and political agitations, then existing within the realm, 
 increased the difficulty of reaching the truth, and 
 'hence much is left to inference and speculation. 
 Not to go beyond the Commonwealth, enough may 
 be seen in the unsettled condition of Great Britain 
 to convince, that every incident relating to religion 
 or politics, bears a partisan hue, and cannot be seen 
 in its proper light. The persistent endeavor of one 
 party to get advantage of and destroy the other, left 
 but little opportunity to strip their motives or actions 
 of prejudice and arrive at a fair and dispassionate 
 conclusion. 
 
 During these excitements, and while this con- 
 dition of things existed, John Fenwick was born 
 and reared in their midst. The elements of strife 
 were infused into his education and he regarded 
 
military success as tlie great pui-pose of lite. Tlic 
 old feudal system as established by William the 
 Conqueror had not passed away, but the light of 
 education and free opinion was loosening its hold 
 uj)on the people. The divine right of Kings was 
 being questioned and the prerogatives of the Crown 
 better defined. These were ste])S in the right direc- 
 tion and ended in the overthrow of the Government. 
 No man of any decision of character could remain 
 neutral amidst these contests between the people and 
 the King, and John Fenwick found himself on the 
 popular side and in Cromwell's army. He was the 
 second son of Sir William Fenwick, Baronet, who 
 represented the county of Northumberland in the 
 last Parliament under the Commonwealth (1()59), and 
 one of four brothers, Edward, John, Roger and 
 Ralph. In KHO Sir William had his residence at 
 Stanton Hall, of Stanton Manor, in the parish of 
 Horsely, Cumberland, and where he had considerable 
 landed estate. The mother, Elizabeth, was perhaps 
 of one of the border families, and brought to her 
 husband additional pro])erty; increasing his wealth and 
 influence. John was born, A. I). 1618, at Stanton 
 Hall, but the day of the month is not known. In 
 1(>36 he was styled Knight and Baronet, and five 
 years after that time he married Elizabeth, daughter 
 of Sir Walter Covei't, Knight of Slanghan, Sussex. 
 This lady was mother of his children, and from her 
 came the direct and ('ollateral bi-anchcs in New 
 Jersey. The family was of Saxon origin and. formed 
 a powerful clan in Xorthumberland. Their ancient 
 fiistncss was in the fenny lands about Stamfordham 
 a small town near the southern boundary of the 
 shire before-named. 
 
6 
 
 During the reign of Henry I (A. D. 1100 ) the 
 head of the house was advanced by the King, and 
 with various changes it was prominent in England 
 for several centuries. In Burke's valuable work on 
 the " Extinct and Dormant Baronetcies," reference 
 is made to this name, with much reliable and in- 
 teresting information. 
 
 The clan was known as the fierce Fenwicks and 
 the fearless Fenwicks. Their slogan or war cry was 
 "A Fenwyke!"— "A Fenwyke!"— "A Fenwyke!"— 
 The clan was the constant ally of the Percies; at- 
 tended them on all occasions and known throughout 
 the border as brave and faithful soldiers. The seat of 
 the House of Percy was at Alnwick Castle, in North- 
 innberland, one of the most ancient and formidable 
 in that region. Of the family it has been said, 
 "not more famous in arms than distinguished for 
 its alliances, the House of Percy stands pre-eminent 
 for the number and rank of the families which are 
 represented by the present Duke of Northumberland, 
 whose banner consequently exhibits an assemblage of 
 nearly nine hundred armorial ensigns, among which 
 are those of King Henry VII; of several younger 
 branches of the blood royal of the Sovereign Houses 
 of France, Castile, Leon and Scotland, and of the 
 Ducal houses of Normandy and Brittany ; forming a 
 galaxy of heraldic honors altogether unparalleled." 
 
 The' Ducal seats include four castles, Alnwick, 
 Warkworth, Kellder and Purdoe, in Northumberland, 
 Stanwich and Warrington Parks, Lion House and 
 Northumberland House. 
 
 Sir Walter Scott, whose accuracy as an anti- 
 quarian, was only excelled by his gifts as a poet 
 and novelist, has Lady Heron to use in her song 
 
7 
 before James IV, King of Scotland, these words: 
 
 "O, young Lochinvar is come out of the West, 
 
 Through all the wide border his steed was the best. 
 
 And save his good broadsword, he weapons had none, 
 He rode all unarmed, he rode all alone; 
 
 So faithful in love and so dauntless in war 
 
 There never was Knight like the young Lochinvar! 
 
 "One touch to her hand and one word to her ear; 
 
 When they reached the hall door and the charger stood near, 
 So light to the croupe the fair lady he swung. 
 
 So light to the saddle before her he sprung; 
 ' She is won ! we are gone over bank, bush and scaur ; 
 
 They'll have fleet steeds that follow,' quoth young Lochinvar ! 
 
 "There was mounting 'mong Graemes of Netherby Clan, 
 
 Forsters, Fenxoicks and Musgraves, they rode and they ran ; 
 
 There was racing and chasing on Cannobie Lea, 
 But the lost bride of Netherby ne'er did they see ; 
 
 So daring in love and so dauntless in war, 
 
 Have ye e'er heard of gallant like young Lochinvar ! " 
 
 The beauty and talent of Lady Heron infatuated 
 the King, much to the scandal of the court. The 
 defeat of his army and his own deatli at Flodden 
 field has been imputed to his gallantries in that 
 direction; a fertile subject for gossip and poetic effu- 
 sion. The Tower of Fenwick at Widdington, in 
 Northumberland, near the coast of the North Sea, 
 shows its antiquity in its rude strength and scanty 
 
limite, similar to those built by the Saxon invaders 
 (hiring the fifth and sixth centuries. This was prob- 
 ably the first seat of the family after their coming- 
 over and whence it may be traced through many of 
 the shires in England. 
 
 In the ninth year of the reign of Edward III 
 (1334) an inquisition was had of New Castle Castle 
 and Johannes Fenwick was twice appointed sheriff. 
 During that time it was much enlarged and strength- 
 ened, being an important point of protection and 
 defence against the Scotch. In these warlike times 
 this place had no commercial importance but has 
 grown to be one of the largest jDorts in England. 
 
 The enmities of former generations have passed 
 away and what was once a necessary appendage to 
 every town, is now visited by the curious to see the 
 means of defence in a barbarous age. In the twelfth 
 (3entury Sir Robet Fenwick, of Northumberland, 
 endowed the Abbey of New Minster, in the same 
 shire, with two parts of his villa of Irdington, in 
 Cumberland, thus showing his liberality towards and 
 his adherence to the Catholic Church. 
 
 These endowments of lands, which at that day in 
 many cases had but little value in themselves, as 
 time progressed and the resources of the nation were 
 developed, yielded large revenues to the Church and 
 its adherents. By this means were the old edifices 
 reared, combining beauty, grandeur and strength in a 
 wonderful degree, showing that however rude and 
 barbarous our ancestors may have been, they were 
 skilled in every department of ornamental architec- 
 ture. Well may the English nation be proud of 
 the many ruins of towers, castles, abbeys and 
 churches now standing within its borders which 
 
9 
 
 even in their delapsed condition aie not excelled by 
 modern art. 
 
 ;}: * * * ;(: * * ^ :): :): * ;|: 
 
 "But thougli destroyed by devastation's baud 
 By fury guided, or outrageous zeal ; 
 Your ruins now, majestically grand, 
 
 Bid solemn conteni})lation tbere to dwell." 
 
 In the ninth year of King Henry VII (1517) 
 Roger Fenwick, Esq., was appointed constable of the 
 same castle, showing that through several centuries 
 the family had not only remained in this place but 
 was in favor with and had the confidence of the 
 ruling monarchs. Although no continuous history of 
 the family can be had, nor any complete genealogy 
 secured, yet enough is gathered to show that talent, 
 loyalty and courage were not wanting, and appre- 
 ciated always by their sovereign. 
 
 As time advanced this element was tempered by 
 more peaceful pursuits, and the work of the soldier 
 gave way to the duty of tl^ citizen. The nations 
 emerged from war and found that peace develoi)ed 
 industry, plenty and contentment among the people. 
 
 "Time rolls bis ceaseless course. Tbe race of yore. 
 
 Who danced our infancy upon tbeir knee. 
 And told our marvelling boybood legends store, 
 
 Of tbeir strange ventures bapp'd by land or sea, 
 How are tbey blotted from tbe tbings tbat be! 
 
 How few, all weak and witliered of tbeir force, 
 Wait on tbe verge of daik eternity. 
 
 Like stranded wrecks the tide returning hoarse, 
 To sweep them from our sight! Time rolls bis ceaseless 
 course." 
 
10 
 
 Another century and the seeds of Revolution 
 began to germinate. Tyranny and oppression eventu- 
 ally produced a harvest of bloodshed, rapine and 
 war. In this was involved the King, the nobility, 
 the gentry, the Church and the people. Neutrality 
 could not exist; all were drawn into a common 
 vortex, and again the Fenwicks appear upon the 
 surface. John Fenwick, the subject of this sketch, 
 having passed through his law studies at Grays Inn, 
 London, (1640) adandoned his profession for a 
 season and accepted an appointment in the Parlia- 
 mentary army. His first commission reads as follows: 
 
 "You are hereby ordered and required as Major under Colonel 
 Thomas Barwis in his regiment of cavalry which was raised in 
 the county of Westmorland to assist the garrison of Carlisle, 
 and to exercise the officers and soldiers under his command 
 according to the discipline of war. And they are hereby re- 
 quired to yield obediance unto you as Major of said regiment. 
 And all this you are authorized unto, until the pleasure of the 
 Parliament or the Lord General be known. 
 
 Given under my hand and seal at Bernard Castle, 27th of 
 October, 1648. 
 
 O. CROMWELL. 
 To John Fenwick, Major. These." 
 
 In the same year lie was ordered by the Parlia- 
 ment, with horse and dragon to relieve Holy Island 
 Castle, in Durham It was besieged by the royal 
 trooj^s and well nigh captured, when he appeared 
 and defeated the enemy. He was an active and 
 efficient officer, having the confidence of the Parlia- 
 ment and the Protector. After the trial and sentence 
 of the King, he was detailed as commander of 
 cavalry, in conjunction with the foot troops under 
 
11 
 
 Colonel Hacker, Colonel Hanks and Lieut. Colonel 
 Phayor, to attend the execution. 
 The order ran in this wise: — 
 
 "These are therefore to will and require you to see the said 
 sentence executed in the open streets before Whitehall, upon the 
 morrow, being the thirtieth of this instant, month of January, 
 between the hours of ten in the morning and five in the after- 
 noon of the same day, with full effect. And these are to require 
 all officers and soldiers and others the good people of this nation 
 of England to be assisting unto you in this service. 
 
 Given under our hands and seals, &c., &c." 
 
 This warrant was signed by all the members who 
 sat as Judges upon his trial, and the most of whom 
 witnessed the carrying out the sentence. In the 
 discharge of this important and delicate duty 
 the most reliable officers and the best disciplined 
 troops were selected, which placed John Fenwick 
 among the first of these in the army about London 
 at that time. 
 
 The religious status of John Fenwick during this 
 period is doubtful and contradictory. While he was 
 with the army he became a convert to the opinions 
 of George Fox, and by a certificate dated February 
 11th, 1649, he is shown to have been a member of 
 the Independents, a denomination of Christians more 
 Presbyterian than Quakei'. Be that as it may he 
 eventually adopted the i)rinciples and practices of 
 Friends and adhered to them until his death. 
 
 Many of the soldiers in the army of the Com- 
 monwealth regarded praying and psalm-singing as 
 consistent with carnal warfiire, and l)elieved that the 
 sincere observance of the one, added force and i)rowess 
 to the other. AuKjng the preliminarias to any 
 
12 
 
 important military undertaking; religions exhortations 
 was a leading featnre. Although the strictest disci- 
 pline was enforced, yet the zealots in the army 
 were allowed to proclaim their fanatical views and 
 impress upon the soldiers that they were doing God's 
 service. Subordination was complete; no duty was 
 too onerous, and no service too dangerous. Whether 
 Major Fenwick was a participant in these military 
 devotions does not appear, but it is patent that he 
 ranked among the best and enjoyed the confidence 
 of those around him. No means are at hand to 
 follow him through the Protectorate to the restoration 
 of the old regime under Charles II (1660). It is 
 probable he held some civil position under the 
 government, for which his legal knowledge rendered 
 him capable, but not of sufficient importance to 
 make prominent his name. After the return of 
 Charles, he doubtless accepted the Act of Indemnity 
 and saved his person and estate from molestation. 
 
 Tracing him to this time from an historical and 
 genealogical standpoint, his career will now be 
 considered in connection with the purchase of, re- 
 moval to, and settlement in West New Jersey. It is 
 proper here to sa}^ that his wife, Elizabeth, had 
 deceased, leaving him three daughters, Elizabeth, 
 Ann and Pricilla. He subsequently and before this 
 period married Mary Burdett, a blood relation of his 
 own, as they were cousins to Edward and Sir 
 Francis Burdett. By this marriage there was no 
 issue. The tradition connected with his paternity, 
 and passed through so many generations, accepted 
 by some and rejected by others, should be considered 
 here. To say that he was not a half brother to 
 Charles Second, King of England, would perhaps 
 
18 
 
 be assuming too much, although nothing a})pears 
 to prove the affirmative of this assertion. The 
 galhmtries of the King were proverbial; hence the 
 plausibility of the story and which by many come 
 to be accepted as true. If, however, the royal blood 
 colored his veins and infused into his character and 
 disposition the idea of exclusiveness and authority, so 
 palpable in man}^ of his acts during life, it came 
 from the first and not the last of these monarchs. 
 The chance of such a story being true is too appar- 
 ent to be denied, but may be accounted for in this 
 wise. The first son of Charles Second, not recognized 
 by law, was James, Duke of Monmouth, beheaded 
 1685, whose mother was Lucy Walters. James 
 married Anne Scott, heiress of Buccleugh, whose 
 second son, Henry, married Elizabeth Fenwick, thus 
 connecting the family with the blood royal, but 
 several removes from John. Nothino- short of a 
 careful examination of the family genealogy in 
 England will settle this point which, for the 
 neglect, may always remain a mooted question. 
 The surroundings of this romance give it an excus- 
 able credence, particularly among those of the same 
 line, and add much interest to the person who bore 
 the blood to America. Save a legal distinction, 
 the common father made him equal with Charles 
 Second, and the descendants of John Fenwick's 
 daughters are infused with the same blood as the 
 descendants of the recognized royal son, when in thc^ 
 same degree removed. For the novelist here is a 
 fertile field, and where may be indulged, within the 
 verge of truth, some of the loftiest flights of imagina- 
 tion. The whole life of the founder of Fenwick 
 Colony is prolific with material, which if clothed in 
 
14 
 
 the beauties of romance would be at once interesting 
 and attractive. 
 
 Before referring to the several transfers of the 
 territory in America called New Caesarea, there 
 is manifest propriety in saying something of 
 the persons and their history interested therein. 
 John Lord Berkley and Sir George Carteret were 
 two of the persons who followed the second Charles 
 of England into exile after the death of his father 
 and during the Commonwealth. They adhered to 
 his fortunes and remained faithful to his person. 
 His adversities did not weaken their friendship nor 
 the dangers that surrounded him induce them to 
 forsake his cause. Such attachments could not be 
 disregarded and these persons among others became 
 the recipients of his favor. In the Charter of 
 Charles II (March 24th, 1663), to convey the soil 
 and government of territory in America called Carolina, 
 Berkley and Carteret were among the grantees, and 
 in the words of the Charter "being excited with a 
 laudable and pious zeal for the propagation of the 
 gospel, begged a certain country in the parts of 
 America not yet cultivated and planted, and only 
 inhabited by some barbarous people who have no 
 knowledge of God," the purpose of the grantees are 
 thus shown. How far the expressed intentions of 
 these men were carried out, or with what laudable 
 and pious zeal they furthered their speculations, must 
 be sought for in the history of those states and need 
 not be enlarged upon here. 
 
 The next year after this charter the Duke of 
 York conveyed to John Lord Berkley and Sir 
 George Carteret (June 24th, 1664) a certain tract 
 of land in America "hereafter to be called New 
 
15 
 
 Caesarea, or New Jersey," done no donbt by request 
 of the King and through his influence with his 
 brother. The standing of these gentlemen before the 
 public and in the responsible positions they held, if 
 history be true, was certainly very questionable, for 
 the reasons hereafter stated. The first held an 
 honorable place at court near the person of the 
 King, but was detected in the basest corruptions and 
 forced to resign his office. His intercourse with the 
 Duke of York was also interrupted by similar trans- 
 actions and disgrace followed their exposure. The 
 second was expelled from the House of Commons 
 as a participant in legislative bribery and other 
 dishonest practices; both were notorious for the pecu- 
 lations and breaches of faith wherever connected 
 with the operations of the government. Although 
 these persons deserved other and severer punishment, 
 yet Berkley was made Baron of Stratton in 1658, 
 aj)pointed Lord Lieutenant of Ireland in 1670, 
 and Ambassador to France in 1674. Carteret was 
 appointed Treasurer of Ireland and continued in that 
 position by the King while charged with the most 
 disgraceful abuse of office. Public opinion could not 
 influence his Majesty against them, no matter how 
 palpable the proof, for the reason that they had been 
 faithful to him when it was beyond his i)Ower even 
 to remunerate them for services already rendered. 
 However commendable such sentiments may be in 
 private life they will receive condemnation when 
 indulged in to the injury of the government. 
 
 At the time of the restoration John Fenwick liad 
 fully adopted the opinions and })ractices of George 
 Fox and suffered much in jierson and estate therefor. 
 In 1666 he was taken from a meeting of Friends, 
 
16 
 
 in Buckingham shire, and confined in the common 
 jail. 
 
 From some of the ancient records of cruelty to 
 the Quakers the following extract has been made: 
 
 "Bucknel, (Berkshire), 17th of the Fifth month, 1670, Friends 
 being according- to their usual manner met together at John 
 Dragg's house, tliere came in 'William West, informer, and 
 Robert Dawlius, informer, and another assistant. One of them 
 said to the other, here is none that speaks, let us go our way ; 
 and so they went forth ; in a little time went into the meeting 
 again and the informer said, we had best take their names, and 
 plucked out of his pocket some small pears and threw them 
 down and said, here is pears; if boys were here they would 
 scramble for them, and laughed. So they took Friends' names 
 and went and informed Edward Sawyer, Knight and Justice (so 
 called), who gave forth a warrant to distrain Friends' goods, 
 although he confessed there was no speaking or praying proved ; 
 and James Gatts, constable of Binfield, assisted with two more, 
 Aveut to John Fenwick's and demanded of him five shillings for 
 being at said meeting, and John Fenwick refused to pay; and 
 they went away, and two days after the said constable, assisted 
 with John Beldam, churcli warden, and Hugh Taylor, Tything- 
 man, came again to John Fenwick's house and climbed over his 
 gate and endeavored to force the best horse John had over the 
 hedge out of his ground, and Mick Todd, Tythingmau and our 
 servant, a cobbler, stood ready to liave it away, but being dis- 
 covered and ashamed, the constable went into John's stable and 
 took a pair of harness, worth eleven shillings, for five shillings, 
 and so like thieves they went back over his gate again greatly 
 rejoicing in what they had done." 
 
 Like many others of his religious belief he j)ub- 
 lished in pamphlet form several answers to others 
 against their doctrines and manner of worship, none 
 of which, however, have been 23reserved to the 
 present. No denomination of Christians, perhaps, at 
 that day put so much printed matter before the 
 
17 
 
 public in defence and vindication of their peculiar 
 views as Friends. Joseph Smith, of London, has, 
 after many years of labor, collected, arranged and 
 })ublished a large majority of the titles to these, and 
 as far as possible discovered and given the authors' 
 names. 
 
 March 18tli, 1(373, John Lord Berkley conveyed 
 to John Fenwick his undivided moiety of New 
 Ciesarea, or New Jersey, for the sum of one thou- 
 sand pounds sterling and a royalty of forty beaver 
 skins annually. This grant had upon its surface the 
 appearance of good faith and that of a bona fide 
 transaction, yet it was scarcely executed before its 
 intention was suspected and its validity endangered. 
 Edward Byllynge, a friend and associate of the 
 grantee, at once became an important and conspicuous 
 personage in these transactions to the exposure and 
 defeat of plans well matured, and doubtless to his 
 chagrin and discomfiture. He was born in 1628, a 
 resident of Westminster, London, where he carried 
 on the business of Brewer. In the latter years of 
 his life he lived in the parish of kSt. Buttolph, 
 Aldgate, part of the same city, and died the sixteenth 
 of the Eleventh month, 108(). He served as an 
 officer in the army of the Commonwealth, and while 
 at Leith, in Scotland, was convinced of the correct- 
 ness of the doctrines of George Fox, by his 
 l)reachiug. He had been living apart from his wife 
 but was induced to receive her again and they after- 
 wards lived happily together. He published several 
 pamphlets in behalf of Friends, between Kif)!) and 
 \i\('h), all of which were printed in London. In 
 1G84, witli others, he was tried at (niildhall, London, 
 for attending a meeting at White Hart Court and 
 
18 
 
 creating a riot, &c. He was found guilty, and fined 
 four nobles, which he refused to pay, and in that 
 default was sent to Newgate Prison for three weeks. 
 He became involved in his financial affairs and to 
 avoid the payment of his debts procured the above- 
 named conveyance to be made to John Fenwick, the 
 purchase being with funds furnished by himself. 
 The number of his creditors and the amount of his 
 debts lead to close inquiry in regard to his estate^ 
 and it was discovered that he was interested in this 
 transaction, designed to defraud them in their just 
 demands. The position in which Fenwick and 
 Byllynge found themselves was not an enviable one 
 and soon brought about much bitter controversy. 
 These criminations were not only made between 
 Byllynge and his creditors, but Fenwick and he 
 quarrelled as to the interest of each in the estate 
 conveyed. Much notoriety was given to it, but all 
 parties being Friends the contest was kept within 
 control of the society and settled according to the 
 rules of the same. John Fenwick was then a resi- 
 dent of Bynfield, in Berkshire, a small town near 
 Windsor Castle and about thirty miles from the city 
 of London. It is possible he had returned to his 
 profession and was the legal adviser of Byllynge in 
 the disposition of his estate to avoid the payment of 
 his debts. 
 
 In this originated with John Fenwick the idea 
 of planting a colony in America; of becoming the 
 head of a great enterprise, and gratifying his 
 ambition. Here was the conception and here it was 
 made to germinate and develope its attractions. How 
 tenaciously this idea was adhered to, and what was 
 accomplished, have long since become matters of 
 
19 
 
 liistory. As a means of adjusting the existing diffi- 
 culty AVilliam Penn was chosen as arbitrator and 
 discharged the duty faithfully to all concerned. 
 
 The creditors of Byllynge may be divided under 
 two heads: the Yorkshire and the London creditors, 
 and whose demands amounted to one thousand five 
 hundred pounds sterling. No means were apparent 
 to them of obtaining satisfaction unless William 
 Penn was convinced that Byllynge's money was 
 involved and which they claimed should be awarded 
 to satisfy their demand. John Fenwick in his 
 response denied the whole charge and demanded that 
 the deed should not be questioned; giving to him 
 an absolute title to the territory conveyed. Byllynge 
 at last admitted the truth of his creditors' assertions, 
 which made the disjiute more easy of solution, and 
 put an end to the several questions involved. The 
 decision was that Fenwick did not really own more 
 than one-tenth of the whole, and that the balance 
 should be used to pay Byllynge's debts. By this 
 Fenwick was sadly chafed, as it not only exposed 
 his bad advice in the plot but that he was a party 
 to Byllynge's dishonesty and at first refused to abide 
 the award. He wrote several ill-natured letters to 
 William Penn which were responded to, liowever, in 
 a calm and dispassionate manner. Two of them are 
 here copied: 
 
 "John Fenwick: — The iircsent difference betwixt thee and 
 Edward Billiuge fills the hearts of Friend.s with grief, and with 
 a resolution to take it, in two days, into their con-sideration to 
 make a public denial of tlic |)ersou that ofiers violence to the 
 award made, or tliat will not end it without bringing it upon 
 the public .<tage. God the righteous judge will viijit him that 
 stands off. Edward Bi Hinge will refer the matter to us again; if 
 
20 
 
 thou wilt do the like, send me word, and oppressed as I am with 
 business I will find an afternoon to-morrow or next day to 
 determine and so prevent the mischief that will certainly follow 
 divulging it in Westminster Hall. Let me know by the bearer 
 thy mind. O John! let truth and the honor of this day prevail. 
 Woe to him that causeth offences! I am an impartial man. 
 
 WILLIAM PENN." 
 
 Still Fenwick stood off and insisted that improper 
 motives had actuated the arbitrator in the award, 
 and Penn addressed him a second letter in these 
 words : 
 
 "John Fenwick: — I have upon serious consideration of the 
 present difference (to end it with benefit to you both, and as 
 much quiet as may be) thought my council's opinion very reason- 
 able — indeed thy own desire to have the eight parts added was 
 not so pleasant to the other party that it should now be shrunk 
 from by thee as injurious — and when thou hast once thought a 
 proposal reasonable and given power to another to fix it, 'tis 
 not in thy power, nor indeed a discreet or civil thing, to alter 
 or warp from it and call it a being forced. O John! I am 
 sorry that a toy, a trifle, should thus rob men of their time, 
 quiet and more profitable employ. 
 
 I have had a good conscience in what I have done in this 
 affair, and if thou re})osest confidence in me and believest me 
 to be a good and just man, as thou hast said, thou shouldst not 
 be upon such nicety and uncertainty. Away with vain fancies, 
 I beseech thee, and fall closely to thy business. Thy days speed 
 on, and make the best of what thou hast. Thy grandchildren 
 may be in the other world before the land thou hast allotted 
 will be employed. My council, I will answer for it, shall do 
 thee all right and service in the affair that becomes him, who, 
 I told thee at first, should draw it up as for myself. If this 
 cannot scatter thy fears thou art unhappy, and I am sorry. 
 
 Thy friend, 
 
 WILLIAM PENN." 
 
21 
 
 At last, however, he yielded to the better counsel 
 of that great man and accepted the award, but never 
 changed his mind as to its injustice to himself. The 
 last recorded act of his life shows that he bore the 
 same sentiments to the end of his days, as in the 
 preface to his will he used these words: — 
 
 "I, Johu Feuwic'k, late of Binfield, iu the Cuunty of Berks, 
 within the kingdom of England, Esq., late absolute lord and 
 chief proprietor, by law and survivorship, of the Province of 
 New Caesarea, or New Jersey, and now of Fenwick Colony, 
 who dt)th hereby, as he hath in the hazarding of my life, appeal 
 to the Almighty God, and doe now appeal to him who is my 
 witness, that I never cheated any man nor went about to cheat, 
 circumvent nor defraud Edward Byllynge. But he, Gauen 
 Laurie, and others his creditors, and others his faccon, hath 
 most covetously and most un-x-tianly. dealt with me as I have 
 often declared, and particularly in my just claims and remon- 
 strance. Whom I doe freely forgive and heartily desire God, the 
 searcher of all hearts, to make them sensible of it," &c., &c. 
 
 The deed from Fenwifk and Byllynge (February 
 9th, 1674) to William Penn, Gauen Laurie and 
 Nicholas Lucas, put an end to the trouble and 
 restored peace and tranquillity between Byllynge and 
 those to whom he was indebted. This was for the 
 whole moiety of New Jersey, reserving only to 
 Fenwick ten parts which were described by numbers; 
 the whole being divided into one hundred lots. The 
 reservation was simply a memorandum on the back 
 of the deed; setting out, that one hundred lots had 
 been made, to be supposed on a map of the teri-itory 
 in question, and that one hundnnl pieces of pa})er 
 
22 
 
 had been placed in a box, resioectively numbered, of 
 which John Fenwick drew out ten, numbered as 
 below set forth. Whether the Trustees ventured in 
 the lottery does not appear, in fact nothing is know^n 
 of the manner of selection excej^t what can be 
 gathered from the memorandum which reads as 
 follows : — 
 
 "Memorandum: — That the seventh of the Third month, one 
 thousand six hundred seventy and five, John Fenwick drew the 
 following numbers, viz:— 20, 21, 26, 27, 36, 47, 50, 57, 63, 72, 
 as his proportion of the one moyetie of New Caesarea, or Jersey, 
 being divided into one hundred lotts, and that he had accepted 
 of the same, and the Trustees I'or the other lotts well satisfied 
 therein. In testimony of which they have interchangeably set 
 their hands." 
 
 Witness: Signed thus: 
 
 Robert Squibb, Jr., 
 
 William Roydon. WILLIAM PENN, 
 
 GAUEN LAURIE, 
 JOHN FENWICK. 
 
 This selection, it will be remembered, was made 
 before John Fenwick had left England and controlled 
 him in the selection of the part of the territory he 
 would place his colony, and it is supposable, also, that 
 the lots adjoined each other although the numbers 
 were not consecutive. Some mystery has always sur- 
 rounded this j)art of the settlement between Fenwick 
 and Byllynge, and as no map of the divided lots 
 appears on record it may never be explained. It 
 can only be conjectured, however, that Oldman's 
 
23 
 
 Creek, or Berkley River, was the most northerly 
 boundary and that the lots extended down; fronting 
 on the Delaware River, perhaps, to West Creek. 
 The peculiarity about the whole transaction is that 
 this appears to be the only title Fenwick obtained 
 and under which all subsequent conveyances were 
 made, without any question of deficiency touching 
 the same. No discouragements seem to have deterred 
 him from going forward with his enterprise and he 
 soon found responsible persons sufficient to join him 
 and make a colony. He published an address which 
 was widely circulated and attracted the attention not 
 only of the public but of the society of which he 
 was a member. It read in this wise: — 
 
 "An Address. Friends: — These are to satisfy you or any 
 other who are sober and are any wise minded to go ah)ng with 
 me and plant within my colony, that we shall no doubt find 
 but that New Caesarea, or New Jersey, w'hich is the place 
 which I did purchase, together with the government thereof, is 
 a healthy, pleasant and plentiful country, according to the re- 
 port of many honest Friends and others, who have been there, 
 and the character given thereof, by John Ogilby, in his America, 
 which I herewith send. The method I intend for the planting 
 of all or so much thereof as I shall reserve to myself, my heirs 
 and assigns forever," &c., &c. 
 
 John Ogilby's History of America was printed by 
 himself in London, in 1671, and, as he says, "for 
 sale at my Ikjusc in Wliite Fryers," &c., &c. It is 
 a ponderous folio volume of nearly seven hundred 
 pages, illustrated after the style of the times, and 
 
24 
 
 rather florid in its descriptions of the subjects therein 
 considered. If half the promises could have been 
 realized, the only wonder is that the people did 
 not transport themselves to America and leave 
 England without an inhabitant. The "Address" 
 bears date the First month 8th, 1675, and was 
 condemned by Friends as much for its endorsement 
 of John Ogilby's book and its flattering promises, as 
 for any questionable inducements in itself contained. 
 They issued "a testimony" warning the too credulous 
 and showing the possibility of its being a scheme to 
 •sell the land rather than benefit the purchaser. The 
 inducements held out, it was supposed, could not 
 exist, and those who became parties to the enterprise 
 must eventually suffer. It was a step in the wrong 
 direction, for it gave notoriety to the scheme; gave 
 the projector an opj^ortunity to reply and enlarge 
 upon the advantage to be derived; induced many to 
 inquire further; and ended in a decided advantage to 
 Fen wick. The "method" referred to is laid down in 
 the two agreements or form of government adopted 
 by the adventurers, dated the 24th and 28th of June, 
 1()75, which was a representative democracy, pure 
 and simple. It was unexceptionable, and undoubtedly 
 was one of the attractions, as it placed all upon an 
 even political basis, so different from the government 
 under which they were then living. 
 
 Another difiiculty however now rose up equally as 
 troublesome as that with Byllynge. With an eye 
 single to the success of his project, and regarding 
 every thing secondary thereto, he had neglected to 
 pay his butcher, baker, tradesman and shopkeeper. 
 Knowing that he was about to leave the country, the 
 time had come for the discharge or the security of 
 
25 
 
 these debts, and no further delay was to be indulged 
 in. He was indebted to 
 
 Mary Ashfield 
 
 Philip Ward, 
 
 f"(lniuiul Burdett, Linen Draper, 
 John Fleming, of the Chancery, . 
 
 Peter Evans, 
 
 Ahraham ^Marriott, Mealman in Clothfary, 
 
 John Boult, at the Indian Crown, . 
 
 The Wine Cooper in Bartholeniew Close, 
 
 Thomas Dove, in Bedford Perry Chandle, 
 
 John Dredge, of Bracknell in Berks, . 
 
 John Smith, ..... 
 
 Daniel Quare, in St. Martins, 
 
 James Brack, of Westminster, Vinta, 
 
 Thoma."^ Bennett, of St. Martins, Wool Draper, 
 
 Margaret Goldsmith, 
 
 Thomas Bank, Attorney at Law, 
 
 .lohn Ever, ..... 
 
 Joseph Ellis, Salesman, 
 
 The Sadler in St. ]Martins, 
 
 John Budd, of St. Martins, . 
 
 Jos. Boneton, Gohlsmith, 
 
 Jiihii Osgood, .... 
 
 Samuel Newton, .... 
 
 The Cooper, for Caiks, . 
 
 John Gramen, for Meal and Biskett, 
 
 Peter Pool, 
 
 Elizabeth Hubbs, Widow, of St. Martins 
 To the Fishmonger in Crooked Lane, 
 Thomas Biddle, Shoemaker, 
 .John Due, for Work, 
 
 £ 
 
 s. 
 
 d. 
 
 17 
 
 
 
 15 
 
 16 
 
 
 
 18 
 
 13 
 
 11 
 
 10 
 
 
 
 
 
 8 
 
 
 
 
 
 4 
 
 15 
 
 6 
 
 4 
 
 13 
 
 
 
 
 
 18 
 
 2 
 
 
 
 18 
 
 
 
 7 
 
 
 
 
 
 3 
 
 
 
 
 
 3 
 
 5 
 
 
 
 1 
 
 2 
 
 
 
 6 
 
 18 
 
 7 
 
 4 
 
 11 
 
 11 
 
 8 
 
 10 
 
 
 
 2 
 
 IG 
 
 10 
 
 2 
 
 1 
 
 
 
 4 
 
 15 
 
 8 
 
 2 
 
 10 
 
 
 
 3 
 
 10 
 
 
 
 2 
 
 10 
 
 10 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 9 
 
 3 
 
 
 
 
 
 16 
 
 
 
 1 
 
 
 
 
 
 
 
 19 
 
 
 
 
 
 17 
 
 
 
 1 
 
 2 
 
 
 
 No way of escape presented itself Iiiiprisoii- 
 ment for debt stared him in tlie fare, a coiKlitidii <>f 
 tilings that would delay if" not ilctr;it liis purpose. 
 
26 
 
 Two friends of his, however, came forward and re- 
 leased him from the immediate embarrassment, but 
 who in the end proved a source of much trouble to 
 him as well as many others associated with him. 
 John Edridge, of Shadwell, Middlesex, tanner, and 
 Edmund Warner, citizen, and poulterer, of London, 
 not only assumed the payment of the foregoing debts 
 but advanced money to assist him, which doubtless 
 he much needed. July 17th, 1675, they accepted a 
 deed, in the nature of a mortgage, for the ten parts 
 to secure the payment of one hundred and ten 
 pounds, fifteen shillings, advanced themselves, and the 
 discretionary discharge of the debts before-named. 
 Bv this deed they had the right to sell and convey 
 land in the ten parts, accounting to the grantor of 
 their deed for the purchase money and crediting the 
 same on account of their demand. They assumed 
 to pay some of Fenwick's creditors, named in the 
 schedule attached to the mortgage, always accounting 
 for moneys received from land sold and paid to 
 persons so by them favored. In this conveyance 
 was an excejrtion of all the land previously sold by 
 the grantor, which by the record proves to have 
 been many tliousand acres. 
 
 In 1674 he sold William Malster, 5,000 acres; John 
 Adams (his son-in-law), 2,000 acres; and William 
 Hughes, 500 acres. In April, 1675, he sold Edward 
 Wade, 1,000 acres; John Ashfield, 10,000 acres; 
 John Bingham, 1,000 acres; Arthur Bowyer, 500 
 acres; Thomas Hutchinson, 2,000 acres; John Smith, 
 1,000 acres; William Hancock, 1,000 acres. In May 
 of the same year he sold John Edridge, 10,000 
 acres; Thomas Beakes, 2,000 acres; John Maddocks, 
 1,000 acres; Thomas Anderson, 1,000 acres; Edward 
 
27 
 
 Bradway, 1,000 acres; Eiehard Hancock, 500 acres; 
 Peter HiifF, 500 acres; Richard Noble, 2,000 acres; 
 Samuel Land, 500 acres; John Cann, 500 acres; 
 John Townsend, 1,000 acres; John Pledger, 3,000 
 acres; Hi})olitt Lefever, o,000 acres; Christopher 
 White, 1,000 acres; and Richard Guy, 10,000 acres. 
 In June of the same year he sold Edward Bowne, 
 20,000 acres; Edmund Warner, 10,000 acres; Richard 
 Rickston, 4,000 acres; Edward Champneys, 2,000 
 acres; Thomas Man waring, 10,000 acres; John 
 Nichols, 2,000 acres; Edward Duke, 0,000 acres; 
 Samuel Nicholson, 500 acres; Jos. Nettleshipp, 2,000 
 acres; Thomas Pile, 10,000 acres; Nessimus Nettle- 
 shipp, 2,000 acres; Thomas Clarke 1,000 acres; John 
 Backstead, 5,000 acres; Edward Gray, 1,000 acres; 
 Roger Hutchins, 500 acres; Elizabeth Smith, 500 
 acres; Robert Wade, 500 acres; Joseph Helmsley, 
 1,000 acres; Joan Harding (widow), 1,000 acres; 
 Edward Harding, 2,000 acres; John Cassimir, 1,000 
 acres; John Flemyng, 2,000 acres; and John Hard- 
 ing, 2,000 acres. In July of the same year (and 
 before the execution of the mortgage) he sold Henry 
 Salter, 10,000 acres; and James Wasse, 5,000 acres. 
 It is possible other deeds were made but not 
 entered upon the registry in London, where by 
 agreement one wa.s established. A double purpose 
 was accomplished by these sales, of providing the 
 Patroon with additional funds and of securing the 
 influence of others in liis favor. Tbe selection, 
 locating and surveying were to be done accoiding to 
 rules adopted by the adventurers, and \vlii<Ii upon 
 the arrival of the colony within tlie limits of the 
 ten lots wa'^, on the ]»art of John Fcnwick, cai-iie*! 
 out in trood faith. Amono- the juanv ti'ials and 
 
28 
 
 grievances the peoj^le passed through, no complaint 
 appears against the chief proprietor in this regard. 
 
 In anticipation of this, an agreement was prej)ared 
 and signed by Fenwick and many of the purchasers, 
 dated June 24th, 1675, which reads as follows: — 
 
 This Indenture Witnesseth, that we whose hands and 
 seals are to this writing indented, subscribed and set, purchasers, 
 proprietors, ffreeholders, adventurers and planters in Ffenwick's 
 Colony in New Caesarea, or New Jersey, in America, do 
 severally and jointly covenant, grant and agree, each of and 
 for him and herself and for his and her several heirs, executors 
 and administrators, to and with each other his heirs and 
 assigns by these presents : That the register, or entry of our 
 respective deeds of purchase of land within the said colony now 
 already registered, or to be registered, and also the register of 
 the lands hereafter to be set out to the adventurer and planter 
 within the said colony, shall be accepted, reputed and taken, 
 and is hereby declared to be as good and efficient in the law 
 to all intents and purposes as if the perspective purchaser, pro- 
 prietor ifreeholder, adventurer or planter wae in the actual or 
 present possession of the same, any law, custom or usage to the 
 contrary thereof notwithstanding. And also that every respective 
 purchaser, proprietor, fFreeholder, adventurer and planter within 
 said colony, shall from time to time and at all times hereafter, 
 according to his or her land purchased and alsoe to be allotted 
 or allowed to him or her by reason of transportation of him or 
 herself or servants into the said colony, be satisfied or contented 
 with his or her descriptive lott or lotts, as the same shall fall 
 or be sett out in Ffenwick's Colony; lotts numbered twenty, 
 twenty-one, twenty-six twenty -seaven, thirty-six, fforty-seaveu, 
 fiifty, ffifty -seaven, sixty-three and seventy-two, or in every or 
 any of them, and in such manner, order and method as the 
 general surveyor, by and with the consent and approbation of the 
 said ])urchasers, proprietors, fireeholders, adventurers and planters, 
 or assignes resident within the said colony, or the major part 
 of them shall thinke fitt and approve of to be most just and 
 equal. Provided always, that if any of the aforesaid purchasers, 
 
29 
 
 proprietors, ffreeholders, tidventurers, plauterj^, tlcir or any or 
 either of their assigns, shall dislike, or make any disturbance 
 concerning his or their lott or lotts of land, soe to be allotted 
 and set forth as aftresaid; that then and from theucefortli, 
 every or any such person or i)ersons soe dislikeing or making- 
 disturbance as aforesaid, shall be excluded and exempted from 
 any benefitt of such claime or claimes to any the said lands 
 within the said colony, untill such time the said person or 
 persons soe disliking and making disturbance as aforesaid, shall 
 sufficiently signify and show such the justness and reason of 
 their dislike or disturbance to such purchasers, proprietors, 
 ffreeholdei-s, adventurers and planters, or the major part of 
 them, as from time to time shall be chosen and appointed by 
 the major vote of the said purchasers, proprietors, ffreeholders, 
 adventurers and planters, or their assignes, for the regulating, 
 settling and confirming of the same unto him, or her, or them, 
 as aforesaid. 
 
 In Witness Whereof, we have hereunto set our hands and 
 seals to two parts of these presents, being both of one tenor, the 
 four and twentieth day of the Fourth month, called June, 
 one thousand six hundred seventy and five, and in the seaven 
 and twentieth year of the raigne of Charles the Second, king of 
 England, Scotland, France and Ireland. 
 
 Signed thus, and sealed. 
 John Fenwick, Edward Bradway, 
 
 John Edkidge, Thomas Anderson, 
 
 Edward Duke, John Spoone'r, 
 
 Edw. Wade, Edward Champneys, 
 
 Joshua Barkstead, Richard Rickston, 
 
 Roger Pederick, William Hancock, 
 
 Richard Morgan, John Barkstead, 
 
 William Hughes, ^ William Shippee, 
 
 Thomas Maxwaring, John Smith, 
 
 Edmund Warner, Joseph Helmsley, 
 
 Richard Noble, Thomas PIutchinson, 
 
 Roger Lukkings, by F. H. 
 
 John Maddock, 
 
 Four clays after, another pa])ei- was signetl by 
 Fenwick and others, embodying more fully the 
 
30 
 
 design of the enterprise, and setting out the 
 "methods" of government to be used, as hinted in 
 the address of Fen wick to the people. 
 
 The elements of political equality were so palpable 
 in this, and so at variance with the system of gov- 
 ernment under which they lived, that many were 
 23leased with the scheme and soon followed in the 
 wake of the little company across the ocean. The 
 original manuscript was carried over with them 
 and is now in good preservation in the office of the 
 Secretary of State, at Trenton, with the sign-manual 
 of each written thereon. In this were the seeds 
 of Civil and Religious liberty — however crude and 
 undeveloped — brought to the shores of America; 
 gradually to take root and spread throughout the 
 land. It is a forcible and well expressed document 
 and deserves a faithful perusal. The style and 
 phraseology is peculiar to the times, but not the less 
 plain or to the point. It is here given in full: — 
 
 Whereas, Charles the Second, king of England, Scotland, 
 &c., did by his grant under the great seale of England bearing 
 date the twelfth day of March, one thousand six hundred sixty 
 and four, unto his royal highness James, Duke of York, his 
 heirs and assigns forever. All that maiue land with severall 
 islands near New EngUmd, called New Caesarea, or New Jersey, 
 in America, as in and by the same grant upon record may 
 appear And whereas, his said royal highness James, Duke of 
 York, by lease and release, dated the twenty-fourth day of June, 
 in the sixteenth year of the king's raigne that now is, did grant 
 and confirm all and singular the lands and premises aforesaid 
 unto John Lord Berkley, Baron of Stratton, (one of his majestie's 
 most honorable privy council) and Sir George Carterett, knight 
 and Baronett, their heirs and assigns forever, as by the same 
 may alsoe appear. 
 
31 
 
 And Whereas, also the said Johu Lord liorkley, the eigli- 
 toentli day of March, one thousand six luiiidred seventy and 
 three, did urant, bargaine and sell all his moyetie or halfe part 
 of the said lands and premises unto John Fenwiek, late of 
 Binfield, in the County of Berks, Esquire, his heirs and assigns 
 forever, as by the record thereof in the Court of Chancery 
 may ai)pear. 
 
 Now KNOW YE, that John Fenwiek hath for divers causes 
 and considerations, granted, bargained and sold unto William 
 Penn, Gauen Laurie and Nicholas Lucas, ninety parts ovit of 
 one hundred parts of the said raoyety, reserving to himself other 
 ten parts, out of which ten parts so possessed, the said John 
 Fenwiek hath granted, bargained and sold sundry parcells of 
 laud to severall persons, as by their particular deeds, registered 
 ill a register to that purpose appointed doth appear, which ten 
 parts of the one hundred parts of land soe reserved, he stands 
 engaged to all purchasers, first to purchase said lands of the 
 natives, then to sett forth thirty or forty thousand acres of land 
 to be allotted among the proprietors and freeholders of the said 
 colony; and the return of every such survey to be registered by 
 certificate from the surveyor and othere ye said proprietors and 
 freeholders which shall be chosen to approve of the allotments. 
 And each lot to be marked with the letters of each person's 
 name and numbered according as they are allotted, and each 
 lot soe marked with his, her or their names, and numbered 
 according as divided, shall be taken for a good and sufficient 
 title to every such person or persons, any law, statue or custoni 
 to the contrary thereof notwithstanding. 
 
 Provided always, that the said several proprietors, purchasers, 
 flfreeholders and planters shall at all times hereafter upon such 
 and such divisions of the said lauds purchased, bee at an equal 
 and proportionable charge and share for the surveying and 
 setting forth of the severall and respective parts or lotts accord- 
 ing to the rate hereafter to be mentioned. 
 
 And it is Covenanted, agreed and consented to by all and 
 singular the_. parties to these presents subscribed, that if any 
 person or persons shall remove, take away and cut downe any 
 such mark or marks, and there be any disturl)ancc about such 
 lott or lotts to be sett out or allotted shall arise, <ach person oi- 
 persons shall be excluded from all claime or claimcs as he or 
 
32 
 
 they by deed or otherwise shall or may make. That the 
 governor and magistrates shall be chosen by the advice and 
 consent of ye said proprietors and ffreeholders every year, and 
 ten or twelve persons to be elected as aforesaid, to be a councell 
 to remain one year, and then the one-halfe of them to be put 
 out and soe many more chosen in their places and soe from 
 time to time after a yeare service to make a new election of a 
 governor and halfe of the councell, or a continuance of him or 
 them as shall be most convenient, who shall have full power 
 to make such laws and customs for the good of the colony and 
 suppression of vice, as to them shall seeme most necessary and 
 convenient. 
 
 And it is further Covenanted, agreed and consented to 
 by all and singular the parties to these presents, that all persons 
 that are now or hereafter shall be purchasers of any part of the 
 lands in the colony aforesaid, shall from time to time cause 
 their deed or deeds of the lands soe purchased, if in England, 
 to be registered in the public register of said colony, to be kept 
 in London, within three months after the date of their deeds of 
 purchase, and shall alsoe send over a copy thereof, certified 
 under the hands and seales of the said register, and such person 
 or persons as shall be appointed for keeping thereof, to be regis- 
 tered in the register kept in the said colony, within twelve 
 months after the date thereof; and if the said purchase be made 
 upon the said colony, then the said deeds to be registered in 
 the public register of the said colony, within three months 
 after the date thereof, and a copy certified under the hands 
 and seals of such person or persons as shall be chosen there by 
 public consent of ye said proprietors and ffreeholders, thereto 
 keep the same to be sent to London to be there registered 
 within twelve months after the respective dates thereof. And 
 that all deeds of purchase not so registered as aforesaid shall be 
 of none effect and virtue (the dangers of the seas excepted), 
 any law statute or custome to the contrary notwithstanding. 
 
 It is further agreed by and with the consent of all and 
 every of the said parties to these presents, that the said John 
 Fenwick, his heirs and assigns, shall within thirty days after 
 their arrivall in New Caesarea, or New Jersey, purchase of the 
 Indians thirty or forty thousand acres of laud, to be divided 
 among the said several proprietors, purchasers, fireeholders and 
 
33 
 
 planters, according to the equivalent share and proportion of his, 
 her or their severall and respective proprieties, ffreeholds and 
 plantations, and that every such person or persons herein con- 
 cerned shall be satisfied and contented with the remainder of 
 his, her or their severall parts and lotts as the said John 
 Fenwick shall from time to time hereafter purchase of the 
 Indians to be within Ffenwick's Colony. 
 
 And all persons that either have purchased or hereafter 
 shall purchase any of the land within the said colony, who shall 
 refuse the subscription of these articles, shall be exempted from 
 all benefits and advantages of the ffreedomes, privileges and im- 
 munities of the said colony. And also that the rates for the 
 surveying of the severall lotts herebefore mentioned shall be 
 regulated and appraised by the governor and his counccell, chosen 
 as aforesaid on the place. 
 
 Signed after the interlining of these severall words following 
 (soe reserved) over the twenty-third line, page the first, of this 
 present agreement, (of the said colony) over the twenty-ninth line 
 of this said page, (now) over the sixteenth line of the second page, 
 (his heirs and assignes) over the thirty-ffirst line of the same 
 page, (and appointed) over the fifty-first line of the same page 
 of the said agreement, and all and every of these presents shall 
 from henceforth be reputed and taken as a law in the said 
 colony, any law, statute or custome to the contrary notwith- 
 standing. 
 
 Signed the twenty-eighth day of June, 1675. Fenwick, 
 
 Jno. Barkstead, Joshua Barkste*ad, 
 
 Richard Noble, Henry Salter, 
 
 Richard Guy, Nesimus NETTLEi^nirp, 
 
 Robert Wade, Edward Wade, 
 
 John Haddocks, Roger Lurkings, 
 
 Thomas Mainwaring, John Smith, - 
 
 Thomas Duke, t ^"^1 * 
 
 Edw. Duke, ^""^^ ^.. ^''^'''' 
 
 Edward Bradway, Peter Huff, 
 
 William Hughes, — *- John Test, 
 
 Edward Champneys, John Cann, 
 
 Edmond Warner, Samuel Nicholson,* ^ 
 
 William Hancock, John Harding, 
 
 John Eldridge, Edward Harding, 
 
 Roger Pederick, William IMolster, 
 
 Thomas Anderson, Samuel Land 
 Richard Hancock, 
 
34 
 
 Having now got clear of the imj^ortunities of his 
 creditors, executed and delivered the deeds before 
 noticed, and adopted in connection with his pur- 
 chasers a general outline of goverment ; the next 
 step was to prepare for the removal of himself and 
 family to the new El Dorado. Other embarrass- 
 ments came to the surface but of a different char- 
 acter from those before disposed of. There was a 
 want of unity in his family, growing out of the 
 second marriage, and so deep rooted was it, that 
 his wife was not willing to go with him beyond 
 the sea. His daughters, not realizing the perils 
 of the voyage, nor the hardships and privations 
 incident to the settlement in a new country, but 
 filled with the spirit of adventure and buoyant 
 with the prospect of a change, required no persua- 
 sion to follow the lead of their father, and join 
 heartily in the work of breaking up their homes and 
 leaving their native land forever. The parent had 
 infused the children with his notions of success and 
 they were proud to know he was head of such an 
 enterprise ; that his anticipations and promises were 
 not visionary, but would be more than realized, and 
 that he would in the future be held to be a public 
 benefactor. The letters of his wife, though generally of 
 a business character, show some attachment to him and 
 regard for his affairs, which were in much confusion 
 after his departure. No mention is made of the 
 daughters, with whom in all j^robability the bad 
 blood existed. Her advice to him in his business 
 relations is good, and if followejd more closely would 
 have saved him much vexation 
 
 Preparation's went forward, regardless of all obsta- 
 cles. Only such articles as were actually necessary 
 
35 
 
 t<^ ^uiil)ly the wants of the emigrants could be trans- 
 })orted, leaving those of convenience and luxury out 
 of the question. Implements of husbandry, tools for 
 mechanics, material for building, medicines for the 
 sick, and sustenance for the healthy, together with a 
 scanty supjDly of furniture and household goods must 
 find a place in the ship. The slii^) Griffin, Robert 
 Griffith, master, was chartered and brought to 
 London for repairs and to receive the cargo and 
 passengers. An entry made by John Smith in one 
 of the books of record (Salem, No. 4) in the office of 
 the Secretary of State, Trenton, N. J., shows part of 
 the persons that came at that time; they were John 
 Fenwick, his three daughters, Elizabeth, Ann and 
 Priscilla ; John Adams, husband of Elizabeth, of 
 Reading, in Berks, weaver, and three children; 
 Elizabeth, aged eleven years, Fenwick, aged nine 
 years, and Mary, aged four years; Edward Chanip- 
 neys, husband of Priscilla, of Thornbury, Gloucester- 
 shire, joiner, and two. children, John and Mary. 
 John Fenwick brought ten servants, Robert Twiner, 
 Gervis Bywater, William Wilkinson, Josej^h Worth, 
 Michael Eaton, Elinor Geere, Sarah Hutchins, Ruth 
 Geere, Zachariah Geere and Ann Parsons, 
 
 Beside these he was accompanied by Mary White, 
 the faithful nurse of his children, Avho had lived 
 in his family several years before coming to America. 
 Her attachment for the three daughters showed itself 
 in her resolve to share their good or bad fortune in 
 a strange land. Their father's house was her home, 
 where she had entire charge, and so continued until 
 his decea.se. These traits of character were fully 
 appreciated by the Patroon, as he gave her a title in 
 fee for five hundred acres of land, and five da^'S 
 
36 
 
 before the date of his will executed a lease to her, as 
 "Mary White, late of the parish of Bremble, in the 
 county of Wilks, spinster, now of Fen wick Grove," 
 for Fenw^ick Grove, containing three thousand acres; 
 to continue during her life and the life of her 
 husband if any she have when she decease. In his 
 will he makes frequent mention of her name, con- 
 tinuing his liberality and always expressing the 
 utmost confidence in her honesty and uprightness. 
 
 Edward Champneys brought three servants, Mark 
 Keeve, Edward Webb and Elizabeth Waite; in all 
 twenty-four persons of the immediate family of the 
 chief proprietor. Samuel Hedge, Jr., married the 
 daughter, Ann, soon after their arrival. 
 
 Samuel Nicholson, his wife, Ann, and five children, 
 Parobal, Elizabeth, Samuel, Joseph and Abel, came 
 in the same ship. 
 
 John Smith, his wife, Martha, and four children, 
 Daniel, Samuel, David and Sarah, came also in the 
 Grifiin. (Jonathan and Jeremiah were born after the 
 arrival of their parents.) 
 
 The following persons were also passengers: John 
 Pledger, James Nevill, Edward, Robert and Samuel 
 Wade, Robert Windham, Richard Hancock, Samuel 
 Hedge, Jr., Isaac Smart, with some others. Part of 
 these latter had families, but of what number in each 
 has not been ascertained. It is remarkable that the 
 time of the departure of this ship from London and 
 of her arrival in the Delaware River cannot be fixed 
 with certainty. June 23d, 1675, has generally been 
 accepted as correct in regard to the arrival, but this 
 is clearly an error. 
 
 The two agreements of June 24th and 28th, 1675, 
 hereinbefore inserted, were signed in England and 
 
37 
 
 before the departure of John Fenwick and his 
 company, for the reason that several of the persons 
 whose names are thereunto attaclifid did not come to 
 America for some time after the Patroon. The last 
 of the deeds before-named was signed in July, 1675, 
 as was also the mortgage to Edridge and Warner 
 (July, 1675), by the chief proprietor and before his 
 departure. 
 
 Samuel Nicholson, in his certificate entered in the 
 Friends' books of the Salem meeting, says they 
 arrived Ninth month (November) 23d, 1675. Here 
 is also some mistake, for the first deed from the 
 Indians to John Fenwick bears date the Eighth 
 month (October) 8th, 1675; this could not have been 
 executed until after their landing and some inter- 
 course had with the Indians to that end, and cannot 
 be reconciled with the entry made by Friend Nichol- 
 son. Thomas Shourds, a gentleman of Salem county 
 who has given the history of this colony his atten- 
 tion, and collected much rare and valuable matter 
 relating thereto, says the ship took her departure 
 from London the 23d day of the Sixth month 
 (August), 1675, but of her arrival appears to have 
 no knowledge. This best agrees with the date of the 
 Edridge and Warner mortgage and would give suffi- 
 cient time for the voyage before the execution of the 
 first Indian deed, and place it beyond possibility that 
 June 23d, 1675, was the time of the ship coming 
 to anchor at Fort Elseborg. The change in the 
 English calender, which appears to have been so 
 little understood at that time, and in consequence not 
 generally observed, except in state and other legal 
 papers, created much confusion in dates and may be 
 the cause of the uncertainty above-named. It is to 
 
38 
 
 be regretted, however, that the exact dates of such 
 important events in the history of these emigrants 
 and adventurers cannot be exactly known, and neither 
 can be hoped to be discovered at this late day when 
 so many papers and memorandums relating thereto 
 have been lost or destroyed. 
 
 Hereinafter is a paper, copied from the records, 
 which sets forth the complaints and protests, as well 
 as an agreement of the adventurers, dated June 25th, 
 1676, and which doubtless was signed after their 
 arrival. Assuming this to be true, then Hippolitt 
 Lefever, Richard Whitaker and William Malster came 
 with their families in the same ship and may have 
 brought servants. Robert G. Johnson, Esq., a faithful 
 and painstaking antiquarian, late of Salem county, and 
 a lineal descendant of one of the first comers into that 
 territory to make up the colony of 1675, evidently 
 regarded this as a mooted question and one in which 
 he could not discover the truth. His contributions 
 to the Historical Society of New Jersey, touching the 
 early settlements in the southern part of the State, 
 are always read with pleasure and instruction by 
 those interested in such things, and from them much 
 of value contained in this paper has been gathered. 
 This gentleman says the ship Joseph and Benjamin, 
 Mathew Payne, master, arrived at Salem, March 
 loth, 1674, with emigrants, among whom were John 
 Pledger, Hippolitt Lefever and others. This is also 
 an error, as the two persons last named purchased 
 land of John Fenwick in May, 1675, and were then 
 residents of London. 
 
 It may not be uninteresting to know something of 
 the persons who, beside his family, accompanied John 
 Fenwick across the ocean and participated in the 
 
39 
 
 perils and discomforts of the voyage. In a social 
 relation there was but little distinction, and in relig- 
 ious matters their sentiments were alike, 
 
 Samuel Nicholson had been a farmer and resident 
 of Wiston, in Nottinghamshire; John Smith was a 
 miller and came from Roxbury in the same county; 
 John Pledger and his wife, Elizabeth, lived at Ports- 
 mouth, Southamj^tonshire; he was a ship carpenter; 
 James Nevill had been a weaver and lived in the 
 parish of Stepney, London; Edward Wade and his 
 wife. Prudence, had been residents of London; he 
 was a citizen and cloth worker; Robert Wade, his 
 brother, was a carpenter and lived near by Edward ; 
 Richard Hancock and his wife, Margaret, lived in 
 Bromley, near Bow, London; he was an upholsterer; 
 Isaac Smart came from Wiltshire; he was a single 
 man; Hippolitt Lefever and William Malster were 
 "gentlemen;" the first lived in St. Martins, in the 
 fields; the last in Westminster, both towns in the 
 suburbs of London. Hippolitt's wife was named 
 Mary, and William's, Catharine. Whatever may 
 have been their calling, all became tillers of the soil 
 to secure food for themselves and families; deficiencies, 
 however, were made up from the streams and forest 
 which were teeming with game easy of capture. 
 With all their troubles and dangers, starvation was 
 not among them. 
 
 Some of these, although mechanics, were men of 
 education and possessed considerable estates. James 
 Nevill was a man learned in the law, and became a 
 useful citizen in tlie new colony. The first Salem 
 records contain many of his suggestions and quota- 
 tions entered therein, showing him to have been a 
 man of much reading and penetration He wa.^ 
 
40 
 
 clerk of the court and filled other offices acceptably 
 to the people. One of the most important positions 
 he held was that of agent for William Penn in the 
 sale of his lands in the Salem tenth, and the book 
 he has left in which those particular transactions are 
 entered, prove his capacity in that direction. 
 
 Richard Hancock was apj^ointed Surveyor General, 
 a position of much importance among the settlers, 
 but unfortunately came under the displeasure of his 
 employer who peremptorily discharged him from his 
 service. Others of them filled jjlaces of trust and 
 assisted much in giving stability and success to the 
 enterprise. 
 
 Once on board the ship and free from the shore, 
 these adventurers found themselves crowded and in- 
 convenienced in many ways not anticipated, and 
 without remedy. Cleanliness and ventilation were 
 not considered essential to health; hence the tidy 
 housewife whose pride it had been to have her home 
 attractive, was sadly annoyed at the want of neatness 
 around her, and a glance at the cookmg arrange- 
 ments put an end to all enjoyment of meals from 
 that time forward. Nothing that was inviting pre- 
 sented itself and the situation of the passengers was 
 anything but pleasant. Exclusiveness within such 
 limited space was not to be considered and the 
 annoyances of "going down to the sea in ships" 
 seemed to multii)ly. The English Channel was not 
 passed before all the romance had departed, and 
 Neptune, the god of the great deep, demanded and 
 received his tribute. The routine of the ship and 
 the broad expanse of waters that surrounded them 
 on every side soon became monotonous and put their 
 patience and bravery to the severest test. As they 
 
41 
 
 left ''Land's End" and saw the shores sink into 
 the waves, each couhl have said witli the [toct, 
 
 "Adieu, uh fktherlaud I I see 
 
 Your white cliffs on th' liorizon's rim, 
 And though to freer skies I flee ! " 
 
 My heart swells — and my eyes are dim 1 " 
 
 Meetings for religious worship were regularly held, 
 where, in addition to the silent sittings and patient 
 waitings, comforting words were addressed to the 
 desponding and encouragement to the skeptical. 
 Every day was widening the space between them- 
 selves and their oppressors, and bringing them to a 
 land where no one should make them afraid. The 
 pleasure of anticipation was the only feeling that 
 gave encouragement, and the ending of their tedious 
 journey was hopefully looked for. 
 
 The first approach of the ship to the shores of 
 America was near Cape Henlopen, on the southerly 
 side of Delaware Bay, at a small island subsequently 
 called Fenwick Island, after the chief of the expedi- 
 tion. Here a landing was had to make inquiry oi 
 the Swedes, already there, in regard to their where- 
 abouts, and the proper course up the bay into the 
 river. In the great chancery suit between Lord 
 ]^altimore and the Penns, which extended over 
 the lifetime of several of the litigants, mention is 
 made of this island, and it doubtless received its 
 name in tlie manner above stated. AVith what 
 grateful joy these people looked u})()n the land once 
 more — realizing that the perils of tlie ocean were 
 ended. The many anxieties they had passed tlirough 
 and tlie [nivations they had suffered were forgotten 
 
42 
 
 in view of their safe arrival at the j^lace of destina- 
 tion. Nothing reminded them of their native land 
 save the beantiful autumn tints upon the forests that 
 crowded down to the water's edge and fringed the 
 streams with marvelous coloring. The placid bosom 
 of the river was covered with wild fowl, which in 
 those days, having no enemy, were easily taken; 
 rendering a pleasant change to their diet and a full 
 suj^ply to all their wants. The absence of shipping 
 contrasted strangely enough with the river Thames, 
 where vessels from all ]:»arts of the world found a 
 port; while here, seldom but the canoe of the Indian 
 or the fishing smack of the ISwedes disturbed the 
 waters. 
 
 The old fort at "Elseborg" was the objective point; 
 hence the eastern shore of the river must be traced. 
 Again the knowledge of the Swedes was used and at 
 last anchor was cast opposite the place so long sought 
 for. As before mentioned, the date of this occurrence 
 is in doubt, but the best data that can be gathered 
 seems to place it about the first of the Eight month 
 (October,) 1675. They were now in sight of their 
 new homes, Avith the wide marshes and majestic forests 
 before them. The cabins of the Swedish fishermen, 
 scattered along the shore, and the rude dwellings of 
 the New England adventurers on Salem Creek, were 
 the only habitations to be seen, and in these nothing- 
 inviting or attractive was presented. The natives 
 gave assurance of welcome in expressive gestures, and 
 presents of food. Unable to understand either the 
 Swedish or Indian dialect, the new comers resorted 
 to pantomime as the only means of communication, 
 and succeeded wonderfully well as the end has 
 proven. Care was taken that good feeling should be 
 
48 
 
 established in the begiiniiiii;, and that nothinii; slioidd 
 be done to create suspicion or doul)t among the 
 Aborigines. 
 
 A satisfactory equivalent being rendered for every- 
 thing, a bond of friendsliip was soon establislied 
 between the natives and the strangers, wliicli never 
 was broken. The Christian obligation that actuated 
 the one was appreciated and always regarded by the 
 other; hence revenge, ra})ine or war has no ])lace in 
 the history of Fenwick Colony. 
 
 "He ruled with meekiu\<s, they obey'd with joy; 
 No cruel purpose lurk'd within his heart, 
 And no distrust of his intent in theirs." 
 
 Now eonnnenced the search for the ten lots, reserved 
 by the chief proprietor in the grant made to the 
 Trustees of Byllynge, the description of which was 
 vague and uncertain; arising without doubt from the 
 little knowledge the parties concerned had of the 
 territory in question. No reliable map of this part 
 of New Netherlands had yet been made, and conse- 
 quently the owners were groping in the dark when 
 attempting to describe a section of country they knew 
 nothing of Vander Donk's map of 1G")(), designed 
 to show where some of the streams emptied on the 
 eastern side of the river, has since been ])rovon to h- 
 radically defective even in this particular. Augustin 
 llerrman's maj), made in KITO, under the patronage 
 of Charles Second, King of England, of N'irgiiiia. 
 Maryland, parts of Pennsylvania and New Jersey, 
 ;ni(l (lcsii;ii('(l to correct the many errors existing in 
 like documents that preceded, was no improvement 
 so far a.s New Jersey was concerned, and ])articulaily 
 as touching the ten lots. 
 
44 
 
 The distance along the Delaware from Prince 
 Maurice's River to the fort at Elseborg, on this ma]), 
 is shown to be about twenty-five miles, while more 
 modern surveys make the distance about forty miles. 
 Nearly all the streams are improperly located, with 
 Indian towns scattered about at random according to 
 the flmcy of the projector. The breadth of land 
 between the Delaware and the Ocean (measuring 
 from the mouth of Great Egg Harbor River to the 
 mouth of Oldman's Creek) is given at thirty-four 
 miles, when the distance is nearer seventy miles. 
 Many other like defects were calculated to deceive 
 the explorers and purchasers of the territory. 
 
 It is evident John Fenwick only knew that the old 
 Swedish fort was at or near the mouth of a stream 
 within the limits of his tenth; and that the next 
 above was the northerly boundary of the same. 
 That the Naratican Indians occupied the land he 
 had taken as his share of the whole, and must be 
 paid an acceptable consideration for the right to 
 settle thereon. That their name for the stream near 
 the fort was Asamohockin, the Swedish apjiellation 
 being Yarken's Kill, as afterwards by him changed 
 to Fenwick River, Alderman Kill, or Oldman's 
 Creek, (which he afterwards called Berkley River), 
 separated his property from the ninety parts, and 
 beyond this he was entirely ignorant of the country. 
 
 Explorations must be made, and the only available 
 means of transportation was the water craft used by 
 the natives and Swedes to pass up and down the 
 tortuous and narrow creeks, that run inland from the 
 eastern shore of the river. Roiter's River (Alloway's 
 Creek), Sejiakaking (Cohansey Creek), and Riddare 
 Kill (Maurice River), must each in turn be examined, 
 
45 
 
 generally to view the country, but specially to select 
 a place for a town; an important consideration which 
 was decided upon by the united judgment of tlie 
 adventurers. 
 
 About thirty-five years before this time a colony 
 of English came from New Haven, and having pur- 
 chased the land of the Indians, made a settlement on 
 Varken's Kill (Salem Creek). They soon found the 
 territory was claimed by the English Earl, Sir 
 Edmund Ployden, under a grant of King Charles 
 First of England, although in reality under the 
 dominion of the Dutch and Swedes. They swore 
 fealty to Sir Edmund as the "Palatine of Albion," 
 and were the only people within the territory who 
 recognized his authority. The Dutch and Swedes 
 were annoyed by the English being settled so near, 
 and a military force was sent from New Amsterdam 
 (New York) to drive them away. Their houses were 
 burnt, their cattle and goods confiscated and them- 
 selves made prisoners. They were, however, permitted 
 to return to the j)lace again, build themselves other 
 houses, and some continued there until tlic arrival of 
 John Eenwick and his company. 
 
 It Avas concluded by the new comers to fix uj)on 
 the same site and call it "New Salem," these few 
 dwellings sujiplying a necessity wdiich the lateness of 
 the season would prevent being done by themselves. 
 This done the business of unloadino- their worldlv 
 effects from the ship followed at once, and these 
 people found themselves domiciled in a new home, 
 surrounded by a strange and savage peoi)l(', with 
 a great ocean separating them from former friends. 
 The reality of their situation was before them, and be 
 it for weal or woe, their steps coidd not be let raced. 
 
46 
 
 An abiding faith in tlie justice of their purpose, in 
 the Hberality of their political })rinciples and the 
 enlarged philanthropy laid down in their method.s of 
 government, strengthened and encouraged them. 
 They made haste to acknowledge their deliverance 
 from the many perils passed through, and recognized 
 in that deliverance an overruling Providence that 
 had guided them thus far and would not suffer their 
 enterprise to fail if their trust remained as it had 
 been in the past. A long dreary winter was before 
 them, with a degree of cold seldom known in 
 England, and to which they were unaccustomed. 
 The heavy drifting snows prevented any extended 
 examination of their new country, and the ice in the 
 streams destroyed for the time their only means of 
 travel. The peoj^le wdio had preceded them, and 
 upon whose hospitality they now depended, were 
 fishermen, or as frequently called "whalemen," and 
 were there to secure the "oyl and bone" so plentiful 
 in the bay and ocean, and a source of profitable 
 traffic with the European nations. 
 
 Gabriel Thomas, the first historian of West New 
 Jersey, in his quaint style thus speaks on this subject. 
 "The commodities of Cape May County are oyl and 
 whalebone, of which they make prodigious quantities 
 every year, having mightily advanced that great 
 fishery, taking great numbers of whales yearly." 
 The pursuit and killing of this great fish, regardless 
 of time, induced by the love of gain, has driven it 
 from these waters and almost to extermination. 
 Little could be done through the winter, except to 
 look after their individual comfort and guard against 
 the severity of the season. The accommodations, like 
 those on the ship, were limited, but in regard to 
 
47 
 
 cleanliness, the females havini;- control, a better con- 
 dition of things existed. Nothino- however was 
 allowed to interfere with the re<;ular observance of 
 relipoiis worshi]) and some one of the most com- 
 modious of these little dwellino-s was selected for 
 that purpose; contrastin<>: strangely with the large 
 and comfortable meeting houses of the ])rosent day. 
 The following is a copy of the minutes organizing 
 the first Montlily meeting of Friends in Saloiii: 
 
 "At a meetinii- lield tlie last day of the Fit'lli ini)iith, 1G7() 
 it was unanimously cousidcrcd: that the first Second-day of the 
 Aveek of the Sixth month that Friends do meet in the town of 
 New Salem, in Fenwick Colony, and all Friends thereunto do 
 monthly meet tojrether, to consider of the outward circumstances 
 and business. And if such that has been convinced and walked 
 disorderly, that they may in all gravity and uprightness to God, 
 and in tenderness of spirit and love to their souls, be admonished, 
 exhorted and also reproved, and their evil deeds and practices 
 testified against, in the wisdom of God and in the aiitlioritv of 
 truth that may answer the witness of God within them. 
 
 Signed, John Fenwick, Francis Nebo, Isaac Smart, Samuel 
 Nicholson, Robert Zane, Edwanl Wade, Sainucl Wade, Ricliard 
 •Guy, and Samuel Hedge, Jr. 
 
 The Patroon, as will be seen, was an active 
 member in placing the meetings in ))]-oj)er ordci-, 
 .similar to those in England, and with whom corre- 
 spondence has continued to the present day. 
 
 The question of erecting a house for such use, was 
 agitated for some time without any result, as in the 
 Twelfth month, 1<)7'', it was decided to alternate the 
 First-day meetings and the weekday meetings between 
 the dwellings of Kobert. Zane, Samuel Nicholson and 
 Jlichard (iuy. Subscri])tions, howevei-, were being 
 made and collecttMl to this end: which culniiiiMtcd in 
 
48 
 
 the purchase of Hamucl Nicholson's lot and dwelling, 
 in 10'S(); the same having been left vacant by his 
 removal to Elsinboro on Alloway's Creek. 
 
 Before the opening of spring other purchases were 
 arranged with tlie Indians, which perfected the title 
 of the chief i»roprietor to the land from Oldman's 
 Creek to Maurice Kiver, covering, as no doubt then 
 considered, the whole of the ten lots so often men- 
 tioned herein. Tliis was according to the covenant 
 entered into between Fenwick and liis purchasers, 
 thfy regarding the ownership of the natives as of 
 suificient validity to refjiiii^e a consideration and con- 
 veyance. Trinkets, brilliant colored cloths, blankets 
 Mnd, loo often, iiiin, were the equivalent for these 
 grants; but the right of fishing, hunting and the 
 use of timber was never refused, and eventually came 
 to be regarded as inalienaVjle, remaining to them and 
 their descendants forever. 
 
 Ai'Utr more criti(;al examination of the country and 
 better acquaintance with their neighbors, attention 
 was given to the organization of the government, as 
 agreed ui)on before their departure from England, 
 and as herein set forth at length. The Governor 
 and Magistrates were to be chosen by the advice and 
 consent of the proprietors and freeholders, which 
 contemplated an election. ^J'his, doul)tless, was ac- 
 complished with due solemnity, and a« the i*ecords 
 show, John h'enwick was selected for Governor, and 
 fifteen others of the adventurers as Magistrates. 
 Tliese wej-e Samuel Nicholson, Kichai'd Noble, Kdwai'd 
 Champneys, Jolm Adams, Roger Hutchins, Kichard 
 iJancock, John Smyth, Edward Wade, Kobert Wade, 
 Ilichard AVhitnker, William Hancock, William 
 Mulstcr, John Lynd, ;iiid hkunuel Lynd. 
 
49 
 
 John Fenwick, as Governor, took tlic following 
 oath of office: 
 
 "I, John Fenwick, one of the lords or chief proprietors of the 
 Province of New Caesarea, or New Jersey, in America, being 
 chosen by the proprietors, purchasers and freeholders now resident 
 in Fenwick Colony within said province, to be their governor for 
 this present year 1076, do hereby declare and promise that I 
 will heartily endeavor to promote the honor of Almighty God 
 iu all my undertakings, who is King of Kings, and hath shewed 
 me that he requires of all men to do justly, love mercy and to 
 walk humbly with their God; and accordingly I further declare 
 and promise that I will bear true allegiance to the King of 
 England, his heirs and successors; and in my place and emj)loy- 
 mcnt shall, by the power received from both, faithfully endeavor 
 to discharge the trust reposed in me by the people, not only in 
 being faithful to their several interests, but also endeavor the 
 peace and welfare of them and the said colony by doing ecjual 
 justice to them and all men according to my best skill and 
 judgment, without corruption, favor or affection. 
 
 In Witness Whereof, I have hereunto subscribed my name 
 this one and twentieth day of the Fourth montli, conimduly 
 called June, iu the vear one thousand six hundred and sevcntv- 
 six." 
 
 Words could not better express the obligations 
 intended to be embodied than found here. The 
 recognition of an overruling Providence, the desire to 
 be guided by his direction, the allegiance due to the 
 King of England, and the promise to deal justly by 
 the peoi)le, who are acknowledged as the fountain of 
 power, are in this drawn together and contain all the 
 elements necessary in such a document. 
 
 Two (lays after the date of this oath, a paper was 
 sigiK'd by part of the emigrants and placed on record. 
 This i)resents a sad picture of their condition, and 
 shows theui to have been suspicious of the course 
 which Edridge and A\'arner intended to pursue 
 
50 
 
 towards tlieni in regard to the mortgage held by them 
 against the land they had j^urchased, and which they 
 were now about to occupy. This was but the 
 beginning of trouble in that direction, and which 
 became the source of great annoyance and pecuniary 
 loss to all concerned in the land of Fenwick Colony. 
 The aid of a higher power was invoked and relied 
 ujion to w^ard off these evils, and after "many 
 meetings and serious consultations," a method was 
 fixed upon by which they were avoided. Faith in 
 the good intention of the Patroon remained una- 
 bated, for after some genera] suggestions as to the 
 manner of the division of the land, the rest is left to 
 his judgment and discretion. No blame seems to 
 attach to him for any of the existing troubles, but 
 from their standpoint arose out of a breach of faith 
 by others. 
 
 The i^aper is here introduced in full : 
 
 Wee whose names are hereunto subscribed doe first dechire, as 
 is hereby declared, that wee liave been exposed to great hazards, 
 straits, dangers and cruelties whilst at sea. John Lord Berkley's 
 deed being declared to be left in England was the cause of our 
 trouble; wee meet w'" both, there and at our arrivall, Avhere 
 our sorrows was multiplied and our miseries increased through 
 cruel trials and oppression. So that as it appeared John Edridge 
 and Edmund Warner laboured to send us away w"' the shadow, 
 Avhilst they detained from us the substance that should every 
 way have preserved us and our interest from ruin. Even the 
 ruin under w"" wee hitherto grone, and like to be ruined, 
 having received noe reliefe from England, neither can wee heare 
 when to expect any, but wholy left as a people forsaken, even 
 forsaken by them that pretended to take care of us, and many 
 of those who embarked w"* us in the same undertaking did 
 alsoe desert us and dispersed themselves into other counteries, 
 so that now if wee can live wee may, and if we cannot Avee 
 
51 
 
 may dyo, for the care that has boon and is taken by these men, 
 as if their owne interests were our tlistrucous. 
 
 But blessed be the God of heaven and earth who hath showed 
 us nierey (to the amazement of o"" eneniyes here, and so it will 
 bo alsoe to others in due time); praysed be his name forever. 
 He hath alsoe by his spirit stirred in the hearts of many good 
 pco])le to pittie us, and make them willing to come and joyne 
 w"" us and to ayde and assist us w'" their presence; who call alsoe 
 tor a sitting downe together in this tract of land w'" John 
 Fenwick, the chief pi'oprietor and governor, since his arrival 
 purchased of the natives for his colony, and to satisfy every of 
 his purchasci-s by setting out their tracts of land there accordingly. 
 To the end therefore that the Lord's requireings may be answered 
 the desire of strangers satisfied, the said colony planted, wee 
 and our famylies preserved from ruin, every purchaser have his 
 land sett out. The natives neither provoked nor tempted, but 
 all our lives preserved by setting out and planting the land as 
 people come to take it up, and goe setting downe together as iu 
 other counteries. 
 
 "Wee, after many meetings and serious consultations, doe 
 unanimously agrege and conclude upon the mcathode following; 
 w"'' wee, the chiefe purchaser of Fenwick's Colony and others 
 the purchasers and freeholders now residing in the same, doc 
 approve of and judge to be most just, reasonable and cquall, and 
 doe therefore declare and order, that every purchaser that is 
 resident, shall forthw*" have his tract of land set out, the one- 
 halfe in the lib'tie of Cohansick, the other halfe in the lib'tie of 
 Allowaycs, or as the said chiefe proprietor shall order the same 
 here or elsewhere. The said purchasers resting soc only who 
 shall begin and succed till their tracts be surveyed and sett out,, 
 and after theire tract of land is set forth and surveyed, then in 
 order, acc)rding to their lott as aforesaid, shall the tracts of 
 w"'' they are intrusted, w*^'' shall be set out and surveyed alsoe - 
 and so all other j)urchasers shall have their purchases as they 
 come to sit down upon and improve the same, making it first 
 appear to the chiefe proprietor and his councell that they really 
 intind the same. 
 
 That there shall be a neck or piece of land sett out for a 
 town att Chohanzicke and divide*! into twoe p""'"; the one for the 
 chiefe proprietor; the other to be sett out into towne hitts for 
 
52 
 
 the purchasers, w*"* lotts are to be reckened as part of their 
 purchases; the chiefe proprietor is to settle, gratis, upon the 
 towne, a corner of marsh, and to dispose of his part for the 
 incourageing of trayd, &c. 
 
 That the lotts shall be sixteen acres apiece, and that e very- 
 purchaser shall take their lott in the towne as they come to take 
 them up and plant them. 
 
 And as for the settleing of the towne of New Salem, it is 
 likewise ordered that the towne be divided by a street; that the 
 south-east side be for the purchasers who are to take their lotts 
 of sixteen acres, as they come to take them up and plant them 
 as they happen to joyne to the lotts of the purchasers resident, 
 who are to hold their present plantations, and all of them to be 
 accounted as parte of their purchases. 
 
 And the other parte on the north, and by east and by south, 
 is to be disposed oft' by the chief i:)roprietor for the incourage- 
 raent of trayde; he alsoe giving, for the good of the towne in 
 generall, that field of marsh that lyeth between the towne and 
 Goodchild's plantation. 
 
 And lastly, wee leave all other things concerning the setting 
 forthe and surveying the said purchases unto the chief pro'' to 
 order as he sees fitt. 
 
 Signed acordingly the twenty-fifth day of the Fourth month, 
 
 1676. Fenwick. 
 
 Edward Wade, Hipolite Lefevre, 
 
 John Smith, Edward Champneys, 
 
 Samuel Nicholson, _ Richard Whitacar, 
 
 T^ . ^'1 A . William Malster, 
 
 John x{ Adams, 
 
 mark. KOBERT WADE. 
 
 Part only of the adventurers and freeholders appear 
 to have signed it, they perhaps not regarding the 
 grievances as sufficiently great to thus perpetuate 
 them, and merit the sympathy of their descendants. 
 Much delay, however, in the formation of the govern- 
 ment was caused by this procedure; and which lead 
 to controversy and bitter feeling among these hardy 
 pioneers. Two weeks elapsed before another ste^:* was 
 
taken, when those elected as Magistrates took the 
 prescribed oath and entered upon the duties of their 
 office. It was as follows: — 
 
 "I, Samuel Nicholson, of the town of New Salcin, iu 
 Fenwick Colony, iu the province of New Caesarea, or New 
 Jersey, in America, planter, do hereby declare and promi.se that 
 I will endeavor to promote the honor of Almighty God in all 
 my undertakings, who is the King of Kings, and requires all 
 men to do justly, do mercy and walk humbly with him their 
 God; and accordingly I do farther declare and promise that I 
 will bear true allegiance to the King of England, his heirs and 
 successors, and also that I will be faithful to the interests of 
 John Feuwick, lord or chief proprietor of the said colony, his 
 heirs, executors and assigns, and endeavor the peace and welfare 
 of him, them, and of his said colony, accordingly. 
 
 In Witness Whereof, I have hereunto subscribed my name 
 this fifth day of the Fifth month, commonly called July, iu the 
 year one thousand six hundred and seventy-six." 
 
 Each subscribed to this oath, which, like that of the 
 Governor's, is concise and well digested, showing that 
 in this little company there was mind and education, 
 as well as braA-ery and perseverance. 
 
 Although from the name assumed by these officers 
 their duties w^ould seem to have been j^urely judicial, 
 yet it is to be supposed they sometimes sat in a legisla- 
 tive capacity, and made the few laws necessary for 
 the proper government of the colony. In this direc- 
 tion their wants were not many, and having a 
 common interest to advance, no great diversity of 
 ()})inion could exist. 
 
 The next business in order of date appears to have 
 been tlie laying out and selection of the town lot.s 
 at New Salem. The order of the cliief proprietor to 
 Richard Hancock, Surveyor General, to |)i-oC('('il with 
 
54 
 
 this part of the work, bears date Sej^tember 18th, 1G76, 
 although in point of time there is but little difference 
 in the laying out of lots at Alloway's, and Cohanzic 
 also. Preferences aj^peared to exist for each of these 
 places, and to which they removed, as soon as the 
 boundaries of their several allotments were defined. 
 Each purchaser Avas entitled to a sixteen acre lot in 
 either of the town sites he might choose, in addition 
 to the number of acres to be assigned him according 
 to his deed of purchase before-mentioned. The 
 claims of the Swedes to certain parts of the territory 
 along the river shore were soon disposed of, by 
 surveying and conveying to them about all the land 
 demanded; thus avoiding a troublesome controversy 
 as to priority of possession, and leaving no room for 
 sus2:)icion or enmity. AVhere settlements were so 
 sparse, the advantage to be derived from such a 
 course is apparent, and, as intended, led to good 
 results. Some of these people were slow to relinquish 
 the religious and judicial authority of those at New 
 Castle and Upland; but eventually accepted the new 
 order of things that surrounded them, and to which 
 no great objection could be made. This was done 
 by first recognizing the government of Fenwick 
 Colony, and afterwards that established at Burlington, 
 by those holding the ninety undivided parts of West 
 New Jersey. The identity of their church worship 
 and discipline was, however, preserved for many years, 
 but gradually merged into that of the Protestant 
 Episcopal denomination, and at this time are entirely 
 lost sight of. 
 
 The Rev. Jehu Curtis Clay, D.D., in the year 
 1858, published a small volume which he entitled 
 "Annals of the Swedes on the Delaware, from their 
 
55 
 
 first settlement in UV-jCj to the present time," in 
 wliicli lie collated the history of the chnrches on 
 the shores of the river, preserving, to those interested, 
 very much of value in this connection. If, however, 
 the continuous records of the several churches could 
 be obtained, they would Ijc invaluable in showing 
 the o-enealo2;ical history of the families connected 
 therewith, and also a great assistance to inquirers for 
 such knowledge. 
 
 The commission of llichard Noble, as Surveyor 
 General, bears date July otli, 1G76, but l)y reason of 
 his refusal to follow the directions given him by the 
 Governor and Magistrates, he was dismissed from tlieir 
 service. Richard Hancock was appointed in his stead 
 September 2otli of the same year; showing that 
 Noble was not long in getting the displeasure of his 
 employers. His successor acted acceptably in that 
 position f(jr some time, but yielding to the same 
 influence that controlled Kichard Noble, and acting 
 accordingly, his commission w^as revoked Decendjer 
 1st, IGsb. Samuel Hedge and Richard Tindall each 
 successively discharged the same duties ])y a[)point- 
 ment, but laljored under many and nuich tlie same 
 difHculties as their predecessors. 
 
 The revocation of Richard Noble's commission was 
 the starting p(jint of tlic Irouljlcs witli tlic Edridge 
 and Warner mortgage, which troubles were not settled 
 during the life of John Fenwick. The estate con- 
 veyed was understood by Fenwick as only designed 
 to secure the payment of certain sums of money in 
 the deed set forth, which when discharged, eitlier by 
 himself or from land sold by the mortgagees, the 
 title to the remainder should be gootl to him again. 
 The mortgage matured in two years I'loin date, and 
 
56 
 
 as Fenwick was in default, Edridge and Warner 
 were disposed to regard the estate as forfeited abso- 
 lutely, and that Fenwick's means of redemption were 
 gone. Purchasers hesitated by reason of this compli- 
 cation, which placed the Patroon in an unenviable 
 position and left him without remedy, with the ocean 
 between himself and those he had formerly considered 
 his friends, but now the worst of enemies. He well 
 knew that a few sales would furnish funds enough to 
 discharge the debt, but without ability to pass a 
 satisfactory title no one was willing to enter into 
 contract to purchase. There was evident distrust on 
 the part of Byllynge's trustees and the holders of the 
 mortgage towards Fenwick, as will appear in their 
 letter addressed to Kichard Hartshorne, dated in 
 London the twenty-sixth of the Sixth month, 1676, 
 and their instructions to James Wasse, Richard 
 Hartshorne and Pichard Guy, dated in London eight 
 days previous to the last-named epistle; persons by 
 them selected to look after their interests in New 
 Jersey. 
 
 The first clause of the instructions reads as follows: 
 
 We desire you to get a meeting with John Fenwick, and the 
 people that went with him (but we would not have you tell 
 your business untill you get them together), then shew and read 
 the deed of partition with George Carterett, also the transactions 
 between William Penn, Nicholas Lucas, Gauen Laurie, John 
 Edridge and Edmund Warner; and then read our letter to John 
 Fenwick and the rest, and sheiv John Fentoick he hath no power 
 to sell any land there idthout the consent of John Edridge and 
 Edmund Warner. 
 
 It is difficult to see what claim Penn, Lucas, and 
 Laurie had on the ten parts, as the reservation made 
 
o/ 
 
 by Fenwick in the deed of himself and Byllynge to 
 them, a3 Byllynge's trustees, created an estate in 
 severalty in Fenwick to the ten lots, and was so by 
 them acknowledged. With Edridge and Warner, their 
 interest was limited to the jiayment of their debt, 
 and such of Fenwick's other creditors as they chose 
 to discharge; while the equitable estate to the re- 
 mainder was clearly in the mortgagor and within 
 his control. Mr. Edward Saunders, a solicitor of the 
 Inner Temple, London, gave the parties a legal 
 written opinion upon the subject, and who appears to 
 have had knowledge of the whole transaction from 
 the beginning. He decided that whenever the debt 
 of Edridge and Warner was discharged, and such 
 other demands against Fenwick as they had paid, 
 then the estate was freed from any claim they 
 might have by reason of the mortgage before-named. 
 The opinion bears date July 24th, 1677, only seven 
 days after tlie forfeiture, and shows tliat some legal 
 action had been taken in the premises by parties 
 interested, other than the mortgagor, wlio was 
 really the only one suffering from the difficulty, and 
 yet without means of ex2)lanation or defence. The 
 letters of Mary Fenwick to her husband disclose 
 many facts in relation to this matter, as she was 
 much annoyed by the importunities of creditors, and 
 the conduct of Edridge and Warner. Edridge made 
 a voyage to New Jersey for the purpose of having 
 this claim adjusted. Several interviews were had, 
 but no conclusion arrived at, and at one of these 
 Fenwick so far forgot himself as to strike P'.dricigc 
 a blow in the face. He was impressed witli the 
 notion that Edridge and Warner designed, if 
 possible, to defeat his favorite project, and very iiidis- 
 
5S 
 
 erectly sent an officer with a warrant, accompanied 
 by a posse of men (June, 1678), to New Castle to 
 arrest Edridge who had gone there to avoid his 
 wrath. The authorities would not allow the process 
 to be served, and saved Edridge from feeling the 
 force of law as administered by the Governor of 
 Fenwick Colony, who in his then condition of mind 
 would not have tempered it with mercy. Those 
 whose deeds were dated after the mortgage, sympa- 
 thized with Fenwick, it being a common interest to 
 avoid further claims under that security. Edridge 
 returned to England without effecting a settlement, 
 and chancery proceedings were instituted; but how 
 far continued does not appear. 
 
 Criminations and recriminations were indulged in, 
 wdiich cover the true state of the case and renders 
 it impossible to arrive at proper conclusions. In 
 addition to the opinion of Solicitor Saunders, which 
 had been promulgated among the colonists, the chief 
 proprietor prepared and had circulated a remonstrance 
 or declaration, over his own hand, giving a history 
 of the transactions between himself, Edridge and 
 Warner; explaining the agreements and covenants of 
 the mortgage deed; how far each jDarty had observed 
 in good faith these agreements and covenants; show- 
 ing the injury that had befallen him by reason of 
 the breach of them by the mortgagees, proving 
 in a clear and lucid manner that his rights had been 
 infringed, and great wrong and pecuniary loss followed. 
 He also discusses the prerogatives derived from the 
 Crown through Lord Berkley, and which had not 
 been abridged or relinquished by any act of his; 
 declaring how tenaciously he should adhere to them 
 in carr3nng out the methods of government as laid 
 
59 
 
 dowu before they left England. The paper is a fair 
 exemplification of his grievances and certainly goes 
 far to prove his j^osition and justify his course. 
 The excitement that pervaded the little colony on 
 this subject can be understood "when the documents, 
 relating thereto, are found among the old papers of 
 the first settlers, and considered in their true light. 
 
 The offer of Edmund Warner to accept land for 
 his debt, and the conveyance of thirty-two thousand 
 unappropriated acres, by FeuAvick to the mortgagees 
 ■within the limits of his tenth, done no doubt by way 
 of compromise, was perhaj)s the end of this fierce 
 and now so poorly understood controversy. Nothing, 
 however, changed the 02)inion of the chief proprietor 
 as in his will he expresses the same sentiments; 
 directs his executors to obtain a settlement with 
 Edridge and Warner, and clear his estate of the 
 shadow that overhung his title through their conduct 
 toward him. These things, doubtless, controlled 
 Richard Noble, the first Surveyor General, and pre- 
 vented him from following the instructions of the' 
 Patroou. Kichard Hancock, his successor, was influ- 
 enced likewise and also fell under the displeasure 
 of his employer. 
 
 The second division of these instructions further 
 says: 
 
 " Know of John Fenwick if he be willing jicac-eably to lot 
 the land he hath taken up of the natives, be divided into one 
 hundred part.«, according to our and his agreement in England, 
 casting lots fur the same; we being willing that those who being 
 settled and have cultivated ground now witli him, shall enjoy 
 the same without being turned out, althougli they i'all into our 
 
 lots "*** *** :* + * 
 
60 
 
 This shows that the division of the one-half of 
 New Jersey into one hundred lots was done with but 
 little knowledge of the country, and afterwards led 
 to trouble between Fenwick and the trustees of 
 Byllynge. As it w^as intimated, Fenwick had ex- 
 tinguished the Indian title beyond the bounds .of his 
 ten parts, and unless he consented to have the same 
 divided, his true position was to be shown the people; 
 having reference, doubtless, to the complicity of affairs 
 with Edridge and Warner. Inducements were to be 
 held out to Fenwick and his followers to abandon 
 their present settlement and remove to a new place 
 mutually agreed upon; but this offer they refused, 
 and continued to hold their estates separate from 
 that of Byllynge's trustees. These instructions, wdiich 
 are copied in Smith's History of New Jersey, show 
 the hostility that then existed between William Penn, 
 Gauen Laurie, Nicholas Lucas, Edward Byllynge and 
 Edmund Warner, on the one side, and John Fenwick 
 on the other side. Much pains is taken to guard the 
 commissioners against the subtlety and shrewdness of 
 the Patroon, and to have a constant care that he 
 does not in some w^ay circumvent them. The cause 
 of this is not very apj^arent, as the man they were 
 so susj^icious of, had done nothing beyond what may 
 be considered a fair and proper defence of his rights, 
 and the rights of those who had follow^ed him into 
 the forests of America. Whatever policy Fenwick 
 chose to pursue, the security to Edridge and 
 Warner under their mortgage was ample; and 
 no act of his could in any way impair the 
 title of the ninety j^arts of West New Jersey 
 which the trustees of Byllynge represented. The 
 trustees of Edward Byllynge evidently found them- 
 
selves in an awkward position, and so placed by the 
 contest between Fenwick and his mortgage holders; 
 in which their enmity toward each other got 
 advantage of their better judgment. The forbearance 
 of William Penn was taxed to the utmost, and if 
 some unguarded expressions escaped him, they were 
 excusable under the circumstances. Ilis good offices, 
 for the time, were not heeded, but deliberation among 
 the contestants proved his advice and course of 
 conduct to be for their good. 
 
 Leaving the purlieus of Gray's Inn or the Inner 
 Temple, in London, and returning again to New 
 Jei*sey, it will be seen that the laying out of the lots 
 for a town at New Salem, at Alloways and at Cohanzic, 
 were ])roceeded with by Richard Hancock as Surveyor 
 General to the colony. The plan adopted was the 
 opening of a main street, running to and from a 
 landing place on the stream; the purchasers' lots of 
 sixteen acres each being on the one side of said 
 street; the op})Osite side being reserved by the chief 
 proprietor for his own benefit. The large tracts were 
 separately surveyed, certificates of description returned 
 and ap])roved by the Governor and Magistrates, 
 which j)erfected the title, the deeds having boi'n 
 previously executed, delivered and entered of record. 
 
 The notority of the trouble between Fenwick and 
 the trustees of Byllynge, and the holders of the 
 mortgage, bore its legitimate fruit, as no shij) ibllowed 
 the Griffin to New Jersey for nearly two years; 
 telling sadly upon the interests of the Patroon and 
 nmch to the discouragement of those who came with 
 him. liobert G. Johnson, Esq., says the Willing Mind 
 arrived November, UMl, with emigrants; the ship 
 Mary made two voyages the same year; the shi[) 
 
62 
 
 Kent and the ship Success arrived the same year ; 
 the ships Willing Mind and Success came in 1679; 
 the ships New Adventure and Henry and Ann came 
 in 1681; and the ship Pink arrived in 1682; followed 
 by others at intervals of time for several years. 
 These did not comprise all the vessels that came into 
 the Delaware, and which brought persons with their 
 families, who settled in Fenwick's tenth. Some 
 found their way here through Maryland and Virginia^ 
 while others landed at New Amsterdam. 
 
 Many of the first j)urchasers sold parts of their 
 tracts of land, and the Patroon continued to dispose 
 of sections of territory, upon most of which dwellings 
 were erected and land cleared for farming purposes. 
 Laws and regulations were made to keep pace Avith 
 the needs of the colony, which with but few 
 exceptions, prevented litigation, and had the approval 
 of the people. The books of the Society of Friends, 
 of which a large majority were members, show 
 that many disputes were settled within the pale 
 of the church; thus avoiding the scandal and expense 
 attendant upon their adjustment at law. The 
 machinery of their system of government worked 
 smoothly and yielded satisfaction to all who came 
 within its control. Amid all his troubles and 
 discouragements, the founder of the colony could 
 discover the elements of success, and although subject 
 to many hindrances, the influx of settlers convinced 
 him that his plan was right and would withstand all 
 the opposition brought against it. 
 
 While thus contemplating the development of his 
 enterprise, a cloud, darker and more portentous than 
 any before, showed itself; and from a direction not 
 altogether unexpected by the chief proprietor or those 
 
63 
 
 who had accompanied him across the sea. The 
 coming of a ship into the Delaware River, in 167'5, 
 was not an event to pass nnnoticed by the Commander 
 at New Castle, who, with the Jnstices, represented 
 Governor Andross and his council, appointed hy the 
 Duke of York, under his second patent from tlie 
 King. The instructions to the Commander were to 
 keep strict watch over the interests of His Royal 
 Highness on both sides of the river, and if anything 
 should occur, to report at once to the authorities at 
 New York. The ship in question proved to be the 
 Griffin, anchored at Fort Elseborg, with English 
 emigrants from London under the leadership of John 
 Fenwick, who held the title to part of the territory 
 on the eastern shore, with the rio-lit of ^-overnment 
 derived through John Lord Berkley and the Duke 
 of York from the King. Further inquiry developed 
 the fact that these people proposed to occupy the 
 land on the eastern side of the river, and establish 
 a government for themselves under the right before- 
 named. This being properly ])rought to their knowl- 
 edge, a court was convened in the fort at New Castle, 
 and after due deliberation it was decided to forward, 
 by express, the necessary information to the authorities 
 at New York, and await orders therefrom. The ex- 
 press was no doubt a swift-footed Indian, selectecl tor 
 the [)urpose, who forded tlie river at the falls 
 (Trenton), and continued l)y land through the forest 
 to Communipaw; thence by water to the fort at New 
 Amsterdam, where the message was delivered to liis 
 excellency (iovernor Andross. The information wns^ 
 received ])ecember oth, H\7~), and somewhat stirred 
 the bile of the new executive, who held his com- 
 mission direct and fresh from the Duke of York, ami 
 
64 
 
 following the spirit and letter of his instructions, 
 could not recognize any equal, or suj^erior authority 
 within the limits of his jurisdiction. The Governor 
 consulted his council, and an order a\ as returned that 
 John Fenwick and his followers be not recognized as 
 having any rights, but be allowed to remain and 
 occupy suitable portions of land under this government. 
 The same express carried the reply, which the 
 Commander at New Castle soon forwarded to John 
 Fenwick, and the adventurers and emigrants who 
 were with him; intimating very strongly that they 
 were regarded as intruders and enemies. That the 
 title to the soil of New Jersey and the right of 
 government as well, which was claimed to have 
 passed by the grant from the Duke to Carterett and 
 Berkley, and under which John Fenwick held, was 
 by the Dutch conquest rendered inoperative and void ; 
 that the second patent of the King to the Duke 
 restored the original elements of title and government 
 as by him held in the first patent, and that like 
 grants must come from His Royal Highness, as in 
 the former case, to make any rights good on the 
 eastern shore of the Delaware River; that the 
 government, as by Governor Andross and his council 
 administered, was the only legitimate one within the 
 boundaries given in his commission, and that he 
 should expect all persons living therein, to submit to 
 the laws, or suffer the penalty of transgressing them. 
 To all this the chief proprietor, as the owner of 
 the territory, made a dignified response, showing 
 whence he derived his title both to soil and govern- 
 ment, which he regarded as sufficient and by which 
 lie determined to stand or fall. He insisted that his 
 right to establish methods of government and the 
 
65 
 
 enactment and cnt'orcenient of laws, emanated from 
 the same fountain as that of Governor Andross; had 
 the advantage of })riority in date, and needed no 
 confirmation or endorsement by Governor Andross as 
 the representative of the Duke of York. That these 
 prerogatives had been before exercised and not ques- 
 tioned by the CroAvn, and, therefore, had nothing to 
 concede or relinquish touching the demands made by 
 the government at New Amsterdam. 
 
 Major Fenwick, as he was styled by Captain 
 Edmund Cantwell, the Commander at New Castle, 
 was frequently invited to make a visit to that place, 
 but as uniformly declined, perhaps for political reasons, 
 which the sequel seems to prove. 
 
 Neither threats nor persuasions accomplished any- 
 thing lil^e a recognition of the New York authorities, 
 which information being forwarded and there held 
 under advisement, a warrant was issued September 
 2oth, 1(370, summoning John Fenwick to aj)pear before 
 the Governor at New York and answer the many 
 charges made against him. This paper, in the shajjc 
 of a special warrant, and directed to Edmund Cant- 
 well, Sheriff, who served the same in person with 
 due formality, wrought no change in the asj)ect of 
 affairs, nor obtained the consent of Fenwick to comply 
 with its demands. Fntiii a judicial .standpoint this 
 was ('(intempt, and tlie per.son guilty must be made 
 to feel the })Ower of the law and pui-ge himself 
 thereof. Tliere was but one course to j)ursue if 
 Governor .\ii(h*oss would j)re.'^erv(' his dignity and 
 maintain the lionoi- of the government he then and 
 there repre.^ented. 
 
 November iMth, 1('»7<>, "on tlie news of Fenwick's 
 actings in New Jersey, granting pntcnts. exercising 
 
66 
 
 other proprietory rights, and refusing to obey the 
 Governor's special warrant," it was "Resolved, that 
 he be sent for, and if necessary, that force be used 
 for seizing and sending him to New York," &c. 
 
 The tenor and purpose of this paper was not to 
 be misunderstood, and upon the receipt of it at 
 New Castle, by Captain John Collier, who succeeded 
 Captain Cantwell as Commander of the post, Sep- 
 tember 23d, 167G, he addressed a note to the 
 Governor of Fenwick Colony, stating that his orders 
 were peremptory, and requested him to come to 
 the fort. He replied by a refusal, couched in 
 respectful but decided terms. Having no desire to 
 place the stigma of an arrest upon Fenwick, he went, 
 accompanied by others, to his residence and renewed 
 his request in person. The Major, at this visit, would 
 not suffer any in the house except Captain Collier, 
 and after he went out would not admit him again; 
 but double-bolted the doors and sj^oke to him through 
 a small scuttle hole in the end of the dwelling; 
 Captain Collier, the meanwhile, seeking to convince 
 him that he wished to avoid the necessity of executing 
 the writ. This degree of forbearance was not 
 appreciated, and the Commander returned to the fort 
 and obtained the advice of the Justices in the 
 premises. 
 
 To compromise the matter further would entail 
 u})on them the censure of the Governor; hence they 
 determined to proceed at once, and appointed Lieu- 
 tenant De Haes to take command of a squad of two 
 under sheriffs and twelve soldiers for the purpose in 
 hand. His powers were discretionary, even to extreme 
 measures, to secure the body of the offender and 
 require his response to the Governor upon the 
 
G7 
 
 return of the warrant. On the i'i<i;litli day of 
 December, 1676, this officer, with liis men fully 
 armed, crossed the river and proceeded to New Salem, 
 charged with this important and delicate duty. It 
 will be seen that the Commander at New Cattle 
 sought e\ery means consistent with his duty to avoid 
 this necessity, and was constrained only by the arbi- 
 trary and unlawful procedure of his superior officer. 
 Military discipline was too strict, and the conse- 
 (|ucnces of a breach thereof too severe for him to 
 depart from the spirit, even if he had ventured t<> 
 disregard the letter of his instructions. 
 
 John Fenwick regarded himself the political equal 
 of Governor Andross ; that he was the head of a 
 small, but rapidly increasing colony ; that he was 
 Patroon by purchase; Avas Governor by choice of the 
 people. He had pledged his allegiance to the King 
 and taken an oath to discharge the duties of his 
 office faithfully, and to the interests of the people 
 without fear or affection, and hence could not recog- 
 nize any power greater that his own, save when the 
 prerogative of the King should be exercised. 
 
 Landing at New Salem in the night, the olHccr 
 marched his command directly to Fenwick's residence, 
 informed him of the object of his co.ming, and 
 demanded his surrender. The house was secuiely 
 fastened, and as Fenwick refused to acknowledge the 
 service of the Avrit, or admit them the <loov 
 was broken open, a pistol fired at him and lie iinally 
 surrendered. The military teachings of Oliver Crom- 
 well did not overcome the precepts of George Fox, and 
 no resistance was offered by Fenwic^k aftei" the house 
 was entered. The ])istol shot did n<i damage, but 
 was intended to wound the person pursued and pre- 
 vent his fnrthei- escape. 
 
The excitement that such proceedhigs must have 
 caused in the Quaker community can well be under- 
 stood, and when he was led away a prisoner, by 
 armed men, his associates in former perils dee2:)ly 
 sympathized with him in his present misfortune. 
 Nothing appears to have been done on the part of his 
 associates to prevent his arrest, who, intimidated by 
 the presence of soldiers, submitted to this abuse of 
 power. He was taken to New Castle the same night 
 and sent at once to New York by sea, where he 
 arrived December 10th, and was given into the 
 custody of the Sherift' there. His liberty was abridged 
 to the fort, he having free intercourse with the 
 officers, enjoying their society and receiving their 
 hospitality. 
 
 January 5th, 1670, the Governor issued his special 
 warrant requiring the Justices of the north riding, 
 the west riding, and Mr. WoodhuU, of the east riding, 
 to assemble at the City Hall on Friday, the 12th 
 inst., to constitute a court for the trial of this 
 offender; and on the same day had proclamation 
 made tlixt such C3urt would be held, then and there 
 for that purpose. On that day the Governor, the 
 Judges of the Assizes, and the Mayor and Aldermen 
 of the cily made a court, when Samuel Leet, the 
 King's counsel, presented the various charges made, 
 and requested John Fenwick to plead thereto. These 
 set out that he had "with force and arms ryoteusly 
 and routeously, with other persons, taken possession of 
 large tracts of land on the east side of the river, 
 which same were within the bounds of His Koyal 
 Highness' patent, from his majesty," &c. ; — that 
 **he, with other persons, had driven settlers away and 
 torn down their houses;" — that "he had issued license 
 
69 
 
 to distill," c^c, and coinniitted various other act8 of 
 like character; to all of which he plead not guilty. 
 
 A jury was summoned and empanelled by the 
 Sheriff, and the trial proceeded. The counsel 
 offered the King's letters ])atent to the Duke, and 
 the Duke's instructions to Governor Andross, which 
 were read. John Fen wick made a "long discourse" 
 in his own defence; cited the deed from John Lord 
 Berkley to himself, to show that his title was but two or 
 three removes from the King, and, under the English 
 laws, was good and sufficient for him, and those who 
 held under him. He was much embarrassed, however, 
 for want of documents, as he had left his deeds 
 in England, from whence he could not obtain them 
 for several months from that date. The authority of 
 Governor Andross, under the second ])atent of the 
 Duke over the territory of New Jersey, he denied, 
 and claimed the whole ])rocee(lings to be contrarv 
 to law and precedent. His Gray's Inn education 
 served him well in this extremity, which commanded 
 the respect, if it did not receive the approbation, of 
 his accusers. Many important cpiestions, involving 
 what rights existed under the King's Charter; what 
 2)0wers were delegated and what were inherent or re- 
 served, and how far any of these had been infringed or 
 violated by originating a colonial representative gov- 
 ernment within the limits of the ten lots excepted in 
 the deed of l>yllynge's trustees, and which were at 
 this time the great cause of offence. These principles 
 were well understood and ably discussed by Fen wick, 
 and l)efore an unprejudiced court would have been 
 successful, lie was familiar with their lustory from 
 the beginning, and knew what was intended by the 
 Crown wjion the patents were created; that no restric- 
 
70 
 
 tion existed, either expressed or implied, save that no 
 law should be made inconsistent with the laws of 
 Great Britain. 
 
 The Governor charged the jury l)oth upon the law 
 and facts ; taking much pains to enforce his own 
 theory, and directed them to return a verdict for the 
 King, which was accordingly done. 
 
 After private consultation of the court, the verdict 
 of the jury Avas approved, and the defendant sentenced 
 to pay a fine of forty pounds and costs; also to give 
 security in five hundred pounds to be of good 
 behavior and not act in any public capacity until 
 authorized ; and to remain in custody until these 
 requirements were satisfied. A right to appeal was 
 granted him if five hundred pounds were pledged that 
 the appeal should l)e prosecuted. 
 
 The fine, and conditional release, he refused to j)ay 
 or comply with; and remained in the fort under 
 military surveillance, with about the same liberties he 
 had before been privileged. He refused to ac- 
 knowledge the authority of Governor Andross in any 
 manner, or to make any promise that should control 
 his future conduct, touching his interests in New 
 Jersey. 
 
 August 7th, 1()77, the commissioners sent out by 
 the trustees of Byllynge and the London and York- 
 shire owners, arrived at New York in the ship Kent, 
 Gregory Marlow, master, bringing with them copies 
 of the King's patent to the Duke, and all subsequent 
 grants made of New Jersey, which wevo laid before 
 Governor Andross and his council. This was a 
 fortunate circumstance for John Fenwick (who was 
 still a prisoner), as these documents verified all that 
 he had sought to establish on his trial. The com- 
 
missioners re(|ue.sted him lo recognize and acknowledge 
 them, ])ut the Governor could not see his Avay clear 
 so to do. The second patent of the Duke, coupled 
 with his instructions, jirevented him from granting 
 what was evidently their right, and which he seemed 
 to realize. After much controversy it was agreed, by 
 way of compromise, that the commissioners, or part 
 of them, should receive authority from Governor 
 Andross to act as magistrates, in the Duke's name, 
 on the eastern shore of the river; when they fixed 
 upon a place "to settle down by." At the same time 
 John Fenwick was released on his parole to return 
 to the fort at New York, October Gth, following. 
 He went on board the ship with the commissioners 
 and returned home, the ship arriving at New Castle, 
 August IGtli, where the most of the people landed. 
 In the chief i)roprietor of the Balem tenth, these 
 strangers, doubtless found a valuable assistant, whose 
 experience and advice saved them much annoyance 
 and trouble. 
 
 Faithful to his promise, he presented himself to 
 Governor Andross at New York, on the day named, 
 who expressed his surprise thereat, and immediately 
 made an order foi- him to be discharged, "and to 
 go about his lawful occasions." 
 
 At home once more, he entered upon the duties of 
 his office a.s Governor, attended to the laying out and 
 sale of land, participated with much zeal in the 
 schemes of his neighl)ors for the advance of his antl 
 their interests in the colony, by which many others 
 were induced to join then), and being satisfied with 
 the methods adopted, were content to remain. Every- 
 thing aj)})ears to have gone well with the Salem 
 folk until April oOth, 1078, when an election was 
 
72 
 
 held for the officers, annually chosen, and the places 
 of Surveyor General, Secretary, and Register, were 
 filled by appointment. Captain Edward Cant well, 
 Justice Foppe Outhout, and others from New^ Castle, 
 were present and made note of the manner in which 
 the machinery of the government was kept in 
 motion. The Governor ordered several papers to 
 be read, relating to his authority in the premises, 
 and then had proclamation made, in His Majesty's 
 name, that all persons on the east side of the 
 river should render due submission and respect 
 to himself as chief and others as subordinate officers 
 of the colony. Captain Cantwell suggested that there 
 were many Swedes and Finns present w^ho did not 
 understand what was being said and done; as the 
 English language was strange to them. Fenwick's 
 reply was, that they knew enough to accept his deeds 
 for large tracts of land, and should therefore recognize 
 his authority. The Captain also hinted that a small 
 tax had been levied by the collector at New^ Castle, 
 on the people of the eastern shore; but the Governor 
 advised them not to pay the same, and would save 
 them harmless if they so refused. It is apparent that 
 Captain Cantwell, Justice Outhout and others, of the 
 dignitaries of New" Castle, had been invited by 
 Governor Fen wick to make a visit to New Salem, 
 on the day of election, and observe the pure and 
 sim])le manner in which the people selected their 
 rulers. A much better feelins; existed between the 
 rival authorities than at the first, and there is 
 evidence that the Commander at the fort and the 
 Governor of Fen wick Colony became warm friends, 
 which led to nmcli leniency on the jmrt of the 
 former toward the latter, when the powder of Governor 
 
73 
 
 Andross was to be exercised a<i;aiiist the usurper on 
 the eastern shore. 
 
 The election over, the Festivities of a [)lentiful board 
 were to be enjoyed, which, no doubt was spread, so 
 tar as a limited space would allow, with an eye to 
 the proper entertainment of the distinguished visitors. 
 The Governor would not neglect this opportunity of 
 showing that it wa8 a government in operation in all 
 its parts, and they were the guests of the chief 
 proprietor. Military uniforms among plain Quaker 
 garbs was a wide and striking contrast, but the good 
 cheer set l)efore them strengthened friendshi}) and 
 banished ill feeling. Speeches "were made, discussing 
 the position of affairs on either side of the river, and 
 an end of contentions hoped for. 
 
 After a long space of time the news of this visit 
 reached the ears of the Governor's council at New 
 York (the Governor having sailed for England 
 November 17th, 1<»77), and orders were sent to New 
 Castle to know wliat was seen, said and done on that 
 occasion, and report the same to headquarters. In 
 obedience to this, Commander Christopher Billop, 
 who had held tliat jmsition since August li4tii, 1677, 
 convened a jtrivate court, May 9th, 1078, at the fort, 
 when depositions of tliose wlio liad enjoyed the 
 the hospitality of ( Jovernor Fenwick were taken, and 
 sent as directed. 
 
 On May '2'2d tlie ( Jovciiior's council lidd this 
 evidence under advisement, and after nuicli grave 
 deliberation sent an express to New Castle dirc'-ling 
 the C'ommander to notify ^Nlajor Fenwick of his i)arole 
 and to desi.st from assuming any powers of government 
 on the ea.st side of the river. In due time the 
 expre."<s found its way to New Ca.stle, and Thomas 
 
74 
 
 Wolleston, under Sheriff, was despatched by the 
 Commander, June od, with a note to the Major, 
 informing him of the orders and requesting a com- 
 ])liance with the same. 
 
 Immediately npon the receipt of this the Major 
 indicted a long epistle, addressed to "my friends and 
 neighbors," meaning Commander Billop and his 
 associates at the fort, and sent it by the returning 
 messenger. The substance of the reply was the same 
 he had always made, and intimatins; that he should 
 continue in his j^resent service, and not cease but by 
 command of the King. That the five hundred pound 
 bond had been relaxed by the court, and his parole 
 not binding him thereto, he was at liberty to act or 
 not to act upon Lord Berkley's interest. That he 
 would not answer any summons or writ coming from 
 Governor Andross or his council, and neither would 
 he go to New York alive. 
 
 Two days after, the Commander and Justices 
 forwarded a synopsis of the Major's answer to New 
 York, and further stated that he was desperately in 
 earnest; that bloodshed must follow if another attempt 
 was made to arrest him. During this controversy a 
 warm friendship had sprung up between Commander 
 Billop and Governor Fenwick, much to the annoy- 
 ance of the Justices at the fort and the authorities 
 at New York. Good came out of it, however, as 
 Fenwick was persuaded to abandon his defiant 
 l^osition and say that he would respect his parole 
 and proceed to New York. This was brought about 
 by an assurance coming from his friend, the Com- 
 mander, that no severe punishment should be inflicted 
 if he so acted. The Justices could see how much such 
 ]>romise would militate against the purpose of his 
 
75 
 
 arrest, and expressed their regret that such kindly 
 feelings existed between Governor Fenwick and Com- 
 mander Billop, and like AVilliam Penn and others, 
 in their instructions to Kichard Ilartshorne and his 
 associates, were afraid the plausibility and shrewdness 
 of the one would overcome the duty and obligations 
 of the other. \t the re([uest of the Justices, Com- 
 mander Billo}) proceeded to New Salem and informed 
 the Governor that they would take no action against 
 him if he would consent to go within twenty days; 
 to which he made no objection. 
 
 According to promise, he started, and on his way 
 stopped at New Castle, wdiere ho was the guest of 
 the Commander, who extended to him the hospitalities 
 of the place and entertained him in a manner con- 
 sistent with the high j^osition he claimed to lill, rather 
 than as an offender going to trial and punisliment. 
 While he was there, arrangements were made that 
 his journey should be by land, although a sloop was 
 then waiting to convey him, by order of the New 
 York council. The going l)y land the Justices at 
 New Castle regarded as an easy means of escape, 
 but the Commander, not having such fears befon^ 
 his eyes, took the resi)onsibility. This was, no doubt, 
 as the ( ioveiiior preferred, giving the opportunity to 
 stop at Burlington, and consult the London and % 
 Yorkshire Commissioners, as well as to convince his 
 enemies that he had n(.) fear of being deposed wlien 
 a fair and uiil)iascd hearing of his case could be had. 
 From Burlington he crossed tlie (Mamtiv along the 
 Indian trail, then a mere bridle path winding through 
 the forest, to head the streams and avoid the hills; 
 with only the cabin of the native where to take rest 
 or refreshment. He left New Castle .lulv iMih, ICtTS. 
 
76 
 
 and, beside the guides, his retinue doubtless consisted 
 of attendants and servants, to give dignity and 
 character to his position as well as to show his New 
 York rivals that he relinquished nothing by his 
 voluntary appearance before them. 
 
 Governor Andross having returned from England 
 August 8tli, 1678, with better understanding of the 
 dispute, and with instructions more definite in regard 
 to it, a court was convened August 22d, when copies 
 of the charges were furnished the defendant, who 
 requested time to examine them and prejiare an 
 answer. These were, generally, that John Fenwick 
 had disregarded his parole, continued to exercise 
 supreme authority on the eastern shore of the river, 
 and harassed the settlers who did not recognize his 
 title or possession under the grant of Lord Berkley. 
 The documents brought over by the commissioner 
 were procurable, and sustained Fenwick in his position ; 
 proving the authority under which he exercised the 
 rights in question, and much better showing the 
 usurpations of the Duke of York by whose com- 
 mission Governor Andross was acting. The harassing 
 of settlers was not denied, for the reason that they 
 were trespassers, having no title to the land from 
 him. The points at issue were the same as those of 
 the first trial, and, as then, failed to procure an 
 acquittal. An appeal was filed, coupled with an 
 intention to go to England and lay the grievances 
 before the King, in case a rehearing was not granted. 
 The appeal was denied and orders issued to prevent 
 Fen wick's departure from the colony. The order was 
 relaxed, or withdrawn, as Fenwick returned home 
 soon after the trial, and continued to exercise his 
 authority as before. Nothing but his arrest and 
 
iinprisonnicnt would })revcnt liiiu from selling and 
 conveying his land as chief proprietor or acting as 
 (lovernor of Fen wick Colony. He probably recrossed 
 the State, in going to Salem, by way of Burlington, 
 to inform his friends there of the treatment he had 
 received and of his policy in the future. The Bur- 
 lington folk had avoided a controversy with Governor 
 Andross by accepting commissions from him, which 
 Fenwick i-efused to do, and hence the annoyances 
 that had befiillcn him. 
 
 The neighborly acts of C^ommander Billop toward 
 Governor Fenwick cost him his commission, as he 
 was ordered to JSew York, September 13th, to answ^er 
 the many charges there to be made against him, and 
 «leliver over the fort and its contents to his successor 
 named. The caution, hinted to Richard Hartshorn, 
 was, perhaps, well directed by William Penn, who 
 knew the person with whom he had to deal, and 
 with what success he made his own appear the better 
 cause. Governor Andross having discovered the 
 truth t(j() late, used the only means at hand to 
 counteract its effect upon his policy. 
 
 Commander Billoj) appears to have been an easy 
 going sort of officer; lacked dignity, and fell into 
 many careless Avays. He used the fort for a horse 
 stable, and the court room above, as a place for hay^ 
 and fodder. His pigs also had much liberty within 
 the walls, and he used the soldiers to attend to his 
 jirivate affairs, instead of practicing them in their 
 military duties. He came altogether short of the 
 rerpiirements of the lesser officials thereabout, who 
 complained to the (lovernor of his inefficiency, and 
 lie was therefore removed from the important and 
 responsible place he had so poorly iillcd. 
 
78 
 
 John Feiiwick had scarcely received the congratu- 
 lations of his friends and neighbors at New Salem 
 for his safe return, ^vhen information was sent to 
 Governor Andross that his rival was again discharging 
 his duties as Chief Executive of the Salem tenth. 
 On October 28th orders were expressed to New Castle 
 to protect all j)ersons on the eastern shore who were 
 being molested by Fenwick in the quiet possession of 
 land held under titles made before the coming of the 
 English, and to advise the council if he persisted in 
 this course of conduct, so that summary proceedings 
 might be had and he be punished. 
 
 About this time Governor Andross established a 
 court at Elsel)org (the old fort) for the purpose of 
 adjusting disputes Ijetween the new comers and the 
 old inhabitants, touching the title and possession of 
 land on the east side of the river ; consisting of six 
 judges, any four of whom should be a quorum, with 
 Foppe Outhout as iiresident. This court could not 
 hear cases "extending to life, limb or member;" 
 and to be appealable, a judgment must exceed five 
 pounds. Nothing, however, was accomplished by this. 
 Previously to the creation of this court, several suits 
 had been commenced against the Patroon at New 
 Castle, by persons claiming land within his tenth, but 
 which were never l)rought to an issue. Dissatisfaction 
 was created in the minds of the Dutch, Swedes and 
 Finns, as to the title to their land, which they had 
 received fr(jm the chief pi'oprietor, by the persistent 
 efforts of Governor Andross in that direction, but 
 which he (Fenwick) had always made efforts to (][uiet. 
 In proof of this he issued a proclamation (June 8tli, 
 I680) requesting them to come to his house, near 
 New Salem, on the 2Gth inst., to there set forth their 
 
79 
 
 <2;ricvances and hit upon some means of adjustment. 
 This time a settlement "was reached liy their eon- 
 sentmg to pay a yearly (juit-rent to the Patroon, 
 which thoui;h nominal, was a recognition on their 
 part of liis hnvful right to convey, and tliat his title 
 to tliem was sufticient. ISome of these lists of 
 assessments are still in existence, and show tliat sucli 
 annual payments were made for some years after 
 Fen wick's death. 
 
 The court at New Balem, as established by the 
 "methods" agreed upon in the beginning, held regular 
 sessions, and transacted the little business of the 
 colony coming befoi'e it in a systematic manner; 
 making record of all things necessary to be ])reserved 
 for future reference. The identity of their enterprise 
 was all important to them, for if the executive and 
 judicial jiowei's were neglected or disregarded, other 
 like elements would soon be infused from another 
 source and destroy it. 
 
 To all the j^i'oceedings of a legal nature oi-iginating 
 at New Castle or New York, either civil or criminal, 
 John Fenwick made but one answer; denying their 
 authority or jurisdicti(jn and never admitting by word 
 or deed, any claim nnder the Duke's second patent 
 from the King, within the limits of the ten lots. 
 The <liscussion of these questions, so important to all 
 the owners in West New Jersey, was not confined to 
 this side of the Atlantic ocean, but caused much 
 feeling among intei'csted ])arties in and about London. 
 The best legal minds in the realm were enlisted, })ro 
 and con, and geneially decided as letained. The 
 Crown officers were divided in o]>inion, and some 
 evaded the points at issue entii-ely. William l*enn, 
 with his immediate and prosjiective interests in the 
 
80 
 
 territories of America, was no mean advocate for- 
 sustaining the grants under the Duke's first patent, 
 and by his plain common sense view of the subject 
 won many to his opinions. The "weight of authori- 
 ties" leaned toward that side, and after a careful 
 review of the whole subject by Sir William Jones, 
 "the greatest lawyer in England," who so did by 
 request of James, the first patent of the King to the 
 Duke was held to be a valid instrument in law, and 
 hence all subsequent grants under it of equal force. 
 Some hesitancy existed after Sir William's opinion,, 
 but the deed of the Duke of York to the West New 
 Jersey proprietors, August Gth, A. D. 1()8(), put an 
 end to all trouble henceforth touching a question so- 
 long mooted among those of high legal attainments,. 
 the great contracting parties, and the men Avho laid 
 the foundation of a Kepublic; the influence of which 
 is now felt throughout the world. 
 
 A review of this controversy shows to what extent 
 the Duke of York was disposed to carry his authority,, 
 ([uestionable as it was in a legal, and censurable as 
 it was in an equitable point of view, against those to 
 whom he had assured l)oth the title and government 
 of West New Jersey. Its effect was to delay, and 
 but for the indomitable perseverance of a few men, 
 would have, for the time being, defeated the settlement, 
 of the territories in this part of America. Nothing- 
 was due to the forbearance of the Duke or a desire- 
 on his part to act fairly with those whose money had 
 been invested in this scheme, and who alone must be 
 the losers if his purpose had prevailed. The edu- 
 cation of John Fenwick gave him a comprehensive 
 view of the whole subject, and if precedent was worth 
 anything, the opinions of able exponents of the legal 
 
81 
 
 points involved were to l)e regarded, and the plain 
 common sense meaning of the grants not entirely 
 ignored, then his premises were well taken and the 
 right must ultimately prevail. 
 
 While this exciting question was pending, and 
 which was continued for nearly three years, the 
 religious duties of sympathizers and participants would 
 sometimes be neglected. ( areful as the heads of the 
 Church might he to guard against inconsistencies 
 among members, yet the flesh would occasionally 
 under such trying circumstances control the spirit and 
 cause some to go astray. Among these was John 
 Fenwick, who, with a multitude of cares, other than 
 defending his rights, absented himself too often from 
 religious meetings, and perchance indulged in language 
 hardly up to the standard looked for among the elders 
 of the Society. At a regular monthly meeting of the 
 Salem Friends, held Third month 0th, 1<)77, Chris- 
 topher White and Iviehard Guy were appointed a 
 committee to visit John Fenwick to know "if he 
 owneth the truth which he formerly professed, or not." 
 
 This inquiry explains at once the light in which 
 he was regarded by those who made their paths 
 narrower and kept their ways straighter, and who felt 
 called upon to remind others of their short comings; 
 whose advice had been to follow the course of the 
 commissioners of the ninety parts and accept a con- 
 dition of things that could not well be avoided. 
 However nuich the profession of non-resistance and 
 passive obedience might adorn the walk and conver- 
 sation of (Quakers generally, yet John I^iiwick too 
 well understoo<l how such concessions would be viewed 
 by his enemies, and the damaging effect such course 
 would have upon the defence of his rights. It some- 
 
•82 
 
 times requires a nice discrimination to know where 
 the one ends and the other begins; and such dis- 
 tinctions were not regarded by the chief proprietor, 
 however i^alpable they might appear to others. His 
 reply to the committee j^roves his regret at finding it 
 necessary to so conduct himself, but intimates that he 
 is clear of censure. Their rej)ort was "that John 
 Fen wick hoped he had the truth which he formally 
 professed, and was \villing to have a letter read which 
 he had sent to George Whitehead and William Gibson 
 before thev came to our meetino- about three months 
 ago." The reply appears to have been satisfactory, 
 and the conduct of the erring member, from a 
 religious standpoint, was not soon again called in 
 question. No distrust of his sincerity, as a consistent 
 member, appears until the Seventh month 5th, 1681, 
 when George Deacon, John Forest and Charles 
 Bagley were requested "to go to John Fenwick and 
 let him know that Friends have taken notice of his 
 careless walking in respect to truth, and let Friends 
 know whether he hath a desire to walk more circum- 
 spectly for time to come." There is more significance 
 in this " minute " than in the first, and shows that the 
 Governor had fallen away from his religious duties 
 and was becoming more wayward than was deemed 
 good for the Society. His case was regarded chari- 
 tably, in view of the many vexations that had beset 
 him, but the rules could not be too far trespassed or 
 their influence for good endangered and their pro- 
 fession scandalized. In his answer is shadowed some 
 of the- reasons for his conduct, and that even among 
 his neighbors and associates he found enemies. It 
 reads in this wise : — 
 
 "That he loved the truth above all things and 
 
83 
 
 that he loved honest Friends, bnt he had his failinfrs 
 as well as otliers; but he could freely forgive them 
 that were the occasion of it, and desired to have his 
 love remembered to Friends, and that he loved truth 
 above all things." 
 
 After this entry his name does not again occur 
 ill tlie minute bocks of tlie Salem Friends, and the 
 inference may be that no further notice was taken of 
 his conduct ; that gradually losing his interest in the 
 Society, he was suffered to neglect its requirements, 
 and at last abandon it altogether. The prominent 
 position he had occupied among them, the much he had 
 suffered in person and estate to save them harndess, 
 and the many other services he had rendered, softened 
 the feeling of censure and his faults were passe<l over 
 in silence. 
 
 George Fox visited Salem, on one occasion, wlierc 
 he found trouble in the meeting, and used liis 
 endeavors to adjust them. Some of these perhaps 
 related to the conduct of the Patroon. The note in 
 liis journal reads: — 
 
 "After meeting (at Chester) Ave took boat and 
 went to Salem, about thirty miles, where there lived 
 John Fen wick and several families of Friends from 
 England. We got Friends together and had a meet- 
 ing; after which we had the hearing of several 
 differences and endeavored t<» make peace among 
 them." 
 
 Ahlioiii;li the advanc-cment of tlic colonv was 
 hindere<i by the foregoing, and other dilliculties inci- 
 dent to such an undertaking, yet laud was sold, the 
 towns laid out assumed shape, and many settlements 
 began to show themselves in various parts of the 
 territorv. 
 
84 
 
 Upon the arrest of the Patroon by the sokliers 
 from New Castle, beside his i^^rson, they carried off 
 many deeds not yet signed for land sold, and took 
 them to New York with their 23risoner. Strange as 
 it may seem. Governor Andross allowed them to 
 be executed and delivered to the purchasers; when 
 one of the most important points of difference was 
 the sale and conveyance of land on the eastern shore 
 under other title than such as should be derived 
 through himself This was one of the many incon- 
 sistencies that show themselves in the conduct of 
 Governor Andross toward the Salem people, and 
 irreconcilable with the claim of the Duke of York 
 under his second j^^tent and his instructions to his 
 officers in America; but entirely in keeping with the 
 declared purpose of John Fenwick on every proper 
 occasion touching his policy. Salem being the seat 
 of government, the county town, and the residence 
 of the Patroon, increased much more rapidly than 
 Alloways or Cohanzic, and in short space became 
 quite a place of trade. Gabriel Thomas, in his odd 
 manner of writing things, says that Salem is "a fine 
 market town, having several fairs kept yearly in it, 
 likewise well furnished with good store of most 
 necessaries for human support; as bread, beer, beef 
 and pork, as also butter and cheese, of which they 
 freight several vessels and send them to Barbadoes 
 and other Islands." 
 
 After Shrewsbury, the first Friend's meeting in 
 New Jersey was here settled; as were also the yearly 
 meetings of the Society for Pennsylvania and New 
 Jersey. Burlington and PhiladeliDhia, as the settlers 
 increased, being found more central, this important 
 assemblage was afterwards alternated between those 
 
towns, but at last settled at tlu' latter ])lace. The 
 poliey of the Duke of York, as enforced through his 
 officials in .Vmerica, was also felt by those who held 
 tlie ninety parts of West New Jersey, and sought to 
 establish a government after their own model. The 
 liberality of this soon attracted the attention of the 
 peo}:>le, particularly those following in the footstejjs of 
 George Fox, and the territory was rapidly settled. 
 The "concessions and agreements of the i)roprietors, 
 freeholders, &c., of West New Jersey," were signed 
 March 1st, l()7<)-7. The commissioners arrived 
 August l()th, ill tlic next year; yet the government 
 was not put in motion until November 21st, KkSI; 
 caused no doubt by the trouble growing out of the 
 two patents about which so much has already been 
 written. 
 
 It is easy to discover that John Fenwick did not 
 regard the interests of the owners of the ninety parts 
 as antagonistic to his own, and gradually allowed the 
 "methods" of Fenwick Colony to be merged into 
 those of the government at Burlington. The first 
 legislature sitting at the last-named place (November 
 21st, 1081), ])assed laws and appointed officers 
 for Salem County; which laws were enforced, and 
 the officers discharged their several duties without 
 hindrance. Something more than one year after that 
 date (]\rarch 2od, 1(>S2), John Fenwick conveyed to 
 William Penn all his remaiiKJcr in West New Jersey, 
 excepting one hundred and fifty tliousand acres, which 
 conveyance extinguished Fen wick's right as a ])i-o- 
 l)rietor in the colony and removed all doul)t in regard 
 to the powers of government Ijcfore existing. The 
 reserve, in this deed, of the ])rivilege to hold a court 
 baron and a court leet, within the limit oi' the one 
 
86 
 
 hundred and fifty thousand acres, shows the at- 
 tachment of the grantor for the usages that belonged 
 to estates in England, and his desire to entail some 
 vestige of the old feudal system, incident to the 
 ancient manors of his native land, to his family and 
 those coming after them. In making his will, the 
 same idea crops out, in which he sought to perpetuate 
 this peculiar judicial privilege by appointing a clerk 
 to the courts, with provision for the continuance of 
 the office. The gradual narrowing down of the limits 
 of his territory, from the one-half of New Jersey to 
 the ten lots, and then to the one hundred and fifty 
 thousand acres, did not weaken his notion that he 
 was chief proprietor and held absolute authority. 
 That the prerogatives of the English barons attached 
 to the manors, as he had defined them, and among these 
 the right of dispensing justice in a rude but summary 
 way, at variance with the advanced notions of those 
 around him, nor consistent with their ideas of govern- 
 ment as then understood. Their remedies were in 
 other channels, and it is possible these courts only 
 existed in the imagination of the Patroon, when he 
 was seeking a device to perpetuate his name and 
 estate to future generations. The leaven of continuity 
 in landed titles had not lost its vitality, even when 
 freed from all its restraints; and the palsied hand of 
 the owner sought to keep alive the features of a sys- 
 tem, the opposite of which he had labored so faithfully 
 to establish, and whose good effect was already radi- 
 ating across the ocean. No attractions for these 
 ancient usages passed with the estates; hence no 
 record of their continuance comes down to the present 
 generation ; showing there was no intention to hinder 
 the advancement and success of a government that 
 assured to all equality before the law. 
 
87 
 
 On the second day of the Third month, 1683, 
 John Fenwick was returned as a member of the 
 Colonial Assembly fjom the Salem tenth; but on ac- 
 count of ill health, ^vhicli continued until his decease, 
 he never sat as a member of that body. In this act 
 is shown the complete absorption of the political rights 
 and franchises, incident to the estate held in the ten 
 lots, by the colonial authorities of West New Jersey, 
 and wliicli a]>pears to have been brouglit about 
 peacefully and for the evident good of all concerned. 
 This end was foreshadowed in the previous signing 
 of the concessions and agreements by very many of 
 the land owners, who held their titles from Fenwick, 
 and who had heretofore given their adherence to his 
 government as estal)lished in 1()7'"), but joined their 
 fortunes with tlio more numerous colony and made 
 common cause in advancing religious and political 
 equality; to be enjoyed by all who ventured across 
 the sea and fixed tlieir homes within the limits of 
 West New Jersey. 
 
 Here terminated the first form of a representative 
 government established by the people. Rude and ill- 
 defined as it was, sufficient appears to show that only 
 time and occasion were wanting to develope its several 
 parts and secure to all, the blessings to be derived 
 from like institutions. The government established by 
 the owners of the ninety parts was like in substance, 
 but yielded to the peoi)le no greater ])rivileges, nor 
 more enlarged rights. This cannot but 1)0 interesting 
 to those who care to trace the beginning of our 
 present jKjlitical institutions, and -study tlie gradual 
 but positive develoi)ment of a system that has its 
 foundati(^n in the hearts of the ])eople; to discover 
 that no retrograde step had been taken in the funda- 
 
mental doctrines of private or public rights, and that 
 a jealous care had been exercised that none be 
 infringed. 
 
 The Patroon, in his manner of living, was more 
 pretentious and aristocratic than any of his neighbors. 
 His houses at Ivy Point and at Fenwick Grove were 
 well appointed; proving that he had an eye to the 
 creature comforts as well as to dignity and exclusiveness. 
 The day had not come for wheeled carriages in the 
 Salem tenth, but his stable included good saddle horses, 
 with every thing complete for the equestrian. A 
 favorite road animal, "Jack," he makes special 
 mention of in his will, and puts him in care of his 
 trusty servant, Mary White, "who I desire to take 
 care of him and see that he be not wTonged as long 
 as he liveth." His education as a cavalry officer in 
 the army of the Commonwealth, now served him, 
 and however much he may have wished to discard 
 the memories of his fighting days, yet in the saddle 
 his grace and confidence as a rider could but be 
 noticed. The library of books at each place he 
 regarded with much interest, and directed their pres- 
 ervation after his decease; and touching his private 
 papers he charges his executors with their care, and 
 especially that they be not taken out of the colony. 
 His agreement with the resident purchasers he washed 
 to have religiously carried out and was anxious that 
 his executors should see to the discharge of every 
 obligation. His plantation at Fenwick Grove, had 
 many attractions for him, it being several miles from 
 Ivy Point, where he could enjoy his leisure and look 
 after his farming interests. He was systematic in his 
 business affairs and always knew from his accounts 
 whether a matter in hand was profitable or otherwise. 
 
89 
 
 For the day in whicli lie lived, his agricultural 
 operations were extensive and yielded him a fair return. 
 He does not appear to have had any slaves, but 
 employed several persons about the estate, the whole 
 being under his general superintendence. In the 
 autumn of 1683, his health failing, he accepted an 
 invitation from his favorite daughter, Ann, and placed 
 himself under her care at Hedgefield; where he died 
 in December of the same year. Her devotion to him 
 remained the same through all the vicissitudes of his 
 life, and with fdial affection she cared for him on his 
 dying bed. 
 
 Although in the depths of an American forest, and 
 far from the land of his nativity, yet there were those 
 around him in whose veins flowed his own blood, 
 whose sympathies were enlisted for his welfare, but 
 who were soon called upon to mourn his death. In 
 him parsed away one of the most remarkable men of 
 his day and generation. His early manhood was 
 spent in the excitements and participations of a war 
 that overthrew the government, and well nigh destroyed 
 the nation ; while his middle life and latter days were 
 occui)ied in an enlarged philanthropy to benefit his 
 fellow man, by giving scope to his energies, with the 
 certainty of reward to himself, and through him to 
 his descendants; with the title of his land freed from 
 the tenures of the feudal system, and without restraints, 
 save those based in equity and good government. 
 
 In relation to the iinal disposition of his remains, 
 he requested in his will that they l)e interred at 
 Fenwick Grove. F(jr some reason this was not 
 complied with, as he was buried in ''^Sharp's family 
 burying ground," long since abandoned for that use, 
 and now nearlv lost siirht (»f". It is locatcfl near the 
 
90 
 
 present Almshouse property, of Salem County, over- 
 grown with briars, and known to but few as the last 
 resting place of the founder of Fen wick Colony. 
 
 Nearly two centuries have j^assed away, and not 
 the rudest monument has been placed to show where 
 his bones are laid. Generation after generation of his 
 kin have neglected even to preserve a mound of earth 
 to show his grave, and at this day "no man knoweth 
 the place of his sepulchre." But a more enduring 
 monument has survived him. His landed estate is 
 covered with an industrious and happy people, in the 
 enjoyment of free institutions, with no religious or 
 political restraints; advancing in agriculture, commerce 
 and manufactures, and participant in a degree of 
 civilization that has no j^arallel in the world. 
 
 In his will, which is a curious and characteristic 
 document, and bears date the seventh day of August, 
 1683, John Fenwick makes no mention of his wife, 
 who was living in London at the time it was executed; 
 and apj^ears to have had a separate estate which she 
 used for her own comfort and convenience. This 
 separation produced an indifference toward each other, 
 which ended in a complete estrangement of feeling, 
 and mutual disregard. Neither is there anything to 
 show that she made claim on his estate or received 
 from his executors or devisees any money arising 
 therefrom. Nothing more is known of this relation, 
 the lapse of time having obliterated every tradition 
 in regard to it. 
 
 The oldest daughter, Priscilla, was married to 
 Edward Champneys, of Thornbury, Gloucestershire, 
 joiner, at the house of John Curtis, in Heading, on 
 the sixteenth day of February, 1671. The Patroon 
 was evidently on bad terms with his son-in-law, and 
 
91 
 
 ill his will leaves directions that lie have no cliarire 
 of his children's estate as in his will devisec\ His 
 first settlement was at Alloways Creek, but in a short 
 time he removed to Salem and erected a dwellins: 
 near that of his fother-in-Iaw, at a place he called 
 Blanford Grove, and where his occupation was that 
 of "Barber and Chirurgeon," having abandoned the 
 making of furniture and turned his attention to 
 shaving and phlebotomy. The house was standing 
 within the last fifty years, as was also that of the 
 Patroon at Ivy Point. 
 
 Priscilla died before her father, leaving two children, 
 John and Mary, both of wdiom were born in England. 
 They were regarded by their grandfather W'ith much 
 interest, and care was taken by him that they should 
 have their full share of his estate, and so secured that 
 they alone should enjoy it. 
 
 Edward Champneys married the second time, by 
 which marriage there was one child, James, who grew 
 to manhood and married. Edward Champneys died 
 without a will, in 170(). 
 
 The name, for want of male issue, in a few gener- 
 ations was lost sight of in Salem county, although the 
 blood may be traced through some female descendants. 
 
 Elizabeth, the second daughter, married John 
 Adams, of Reading, Berkshire, weaver, and had live 
 children, Elizabeth, Fenwick, Mary, Walter and Ann. 
 The first three were born in En<i;laH(l and the last 
 two at New Salem. 
 
 John Adams had not the confidence of the Patroon, 
 from some cause unexplained ; and neither did his son 
 Fenwick meet the a|»pi(»bation of his grandfather in 
 his walk and conversation; evidenced by several 
 expressions in his will. At that time he was about 
 
92 
 
 seventeen years of age and had, perhaps, developed 
 some traits of character not to the liking of the 
 Patroon, who thought best to place some guard around 
 the estate he was about to devise him. 
 
 The conduct of Elizabeth, the oldest child of the 
 daughter Elizabeth, was a source of grief and morti- 
 fication to her family, and doubtless did much to 
 carry the gray hairs of her grandfather in sorrow to 
 the grave. He does not disguise the sense of shame 
 that hangs over him, from her course of life, and 
 strives to make her understand his displeasure by 
 depriving her of any part of his property, immediate 
 or j^rosj^ective, but on certain conditions. It is possi- 
 ble that Elizabeth also died before her father, as her 
 name is not mentioned in his will, and the devises 
 therein made are to her children directly; an inference 
 that would naturally follow the reading. The de- 
 scendants of this branch of the family are more 
 numerous than of either of the other daughters. 
 
 The youngest daughter, Ann, married Samuel 
 Hedge, in the spring of 1676, and soon after their 
 arrival in New Jersey. These young people had 
 *' plighted their troth" before the expedition left 
 England, and Samuel, determining that the broad 
 ocean should not separate them, took passage in the 
 good ship Griffith, thus making the voyage for his 
 affianced and himself much less ,tedious and dreary. 
 This was a fortunate conclusion on his part and 
 produced excellent results, as he became a favorite of 
 the Patroon, and so remained through all the troubles 
 of the colony. By this marriage there appears to 
 have been but one child, Samuel, who was also 
 specially cared for by his grandfather in the dispo- 
 sition of the broad acres of his domain. 
 
93 
 
 Samuel Hedge, Jr , (generally known as iSamuel 
 Hedge the third), died in 1708, leaving a will, and 
 before his father. His widow, Rebecca, and the 
 following-named children, survived him; Samuel, 
 Fenwick, William, Nathan and John, all minors. 
 This branch of the family was limited, although the 
 blood may be traced in many of the genealogies in 
 AVest New Jersey. 
 
 It was no doubt a regret on the part of John 
 Fenwick that no son of his survived him; that his 
 blood in the male line ceased to flow when his own 
 life was ended; and although his estate did not pass 
 to his collateral descendants, yet he knew that im- 
 mediately upon his decease his name would have no 
 continuance. He could reflect with pride upon a long 
 line of ancestors whose name he bore, and who were 
 so honorably and so intimately connected with the 
 great events of his native land. He could discover 
 in his own life that he would not be altogether for- 
 gotten when the history of his adopted country should 
 be written; and although his course of conduct might 
 not be understood by many of his contemporaries, yet 
 he was assured that the impress of his purposes and 
 acts, would eventually |)rove a blessing to those 
 coming after him. It was an excusable ambition that 
 he should wish to perpetuate his name in connection 
 with a favorite and successful adventure; that a child 
 in the male line should survive him; and so for 
 generations combine the name and blood among tho^e 
 whose ancestors were his associates in the be<»;innin2:. 
 
 The social and l)usiness intimacy existing between 
 William Penn and John Fenwick is a striking feature 
 in the lives of these men. Their religious views 
 doubtless brought tliein iiiuch together, and their 
 
94 
 
 various business relations increased their knowledge 
 of each other as they advanced in years. In financial 
 matters it may be safe to say that the Governor of 
 the Salem tenth was always the debtor; but Penn 
 took no advantage of his position, and remained a 
 friend when nearly all others had deserted him. The 
 decision in the Fenwick and Byllynge dispute weak- 
 ened the regard for each other for a season, but the 
 second sober thought swept away all animosities and 
 found them as before the difficulty. Had any sus- 
 picion of ill feeling toward William Penn lurked in 
 his mind, the reading of his will would banish it 
 forever. His request for him to act as one of the 
 executors and take control of the persons and 
 estates of his grandchildren, was a degree of confi- 
 dence but seldom shown by one man toward another. 
 Their interest in the colonies in America, who alike 
 ventured everything for their success, was not one 
 of rivalry, but regarded as common, and made 
 their intercourse more frequent and their friend- 
 ship more lasting. Perhaps no greater difference 
 could exist in the disposition and temper of two 
 individuals. The one, prudent in the use of language, 
 slow to arrive at conclusions, always ready to admit 
 an error of judgment, attractive in his conversation, 
 and winning the confidence of his associates. The 
 other, of quick perception and ingenuous of speech, 
 liastv iu his decisions and stubborn of opinion, 
 estranged many of his friends and left room for 
 prejudice and misrepresentation. There was a simili- 
 tude in the trials and vexations that attended them 
 in their efforts to advance the settlement of their 
 lands. Uneasy spirits found their way among those 
 interested in the soil, and by plausible pretexts created 
 trouble and dissatisfaction. 
 
05 
 
 The best of inotive's and the })urcst of intentions 
 were too often construed into selfish purposes, and no 
 ex})lanation coukl destroy the feeling of opposition or 
 silence the voice of al)use. Knowing that any great 
 departure from the policy first adopted would much 
 endanger their interests and weaken their claims, it 
 was natural that suspicion should be aroused and 
 the new policy objected to. The control of affairs 
 gradually passed to other hands, and the founders of 
 the colonies were without remedy, either in tlie courts 
 or before the people. It was left for other generations 
 to do them justice, after the influence of political 
 rivals had passed away, and the demands of importu- 
 nate creditors satisfied; the energy and enterprise of 
 tlie people brought about the advantages and blessings 
 sought to be developed from the beginning. The 
 founder of the Salem Colony died, however, before 
 much progress had been made in the settlement of 
 New Jersey; l)ut the tide of emigration set in upon 
 its shores and each succeeding year showed an increase 
 of population. 
 
 Through the vari(jus changes that have occurred 
 since the covenants for a representative government 
 were signed by the Adventurers into the Salem tenth, 
 these covenants have always been regarded by the 
 people, and the memory of the Adventurers cherished. 
 
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 It would seem that an} 
 disregarded b}' the masse?, as 
 seeks reverently to uplift th( 
 our present life is but the " 
 back into the dim cloud land 
 men have been linked togeth( 
 ened by the thought, that th 
 experience of its predecessor-, 
 grand panorama of events, th 
 the vast domain of enquiry, 
 the world, struggling onward 
 the Creator.C' 
 
 Impressed by these solera 
 era in the march of Christian 
 tion, to trace out the service Q 
 its influence has been leaveni 
 proportionate to the fidelity o 
 attested in the present general 
 tional disputes I)y arbitratioi 
 numbers; in the appeals made 
 
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