i£x IGtbrtB 
 
 SEYMOUR DURST 
 
 ' 'Tort nwuw ,^m^ertlam- oj^ Je M^rtJia-tans 
 
 When you leave, please leave this hook 
 
 Because it has heen said 
 "Ever'thing comes t' him who waits 
 
 Except a loaned hook." 
 
mm 
 
THE 
 
 HISTORY 
 
 ^* 4f OF 
 
 THE COLONY 
 
 O F 
 
 NOVA-C^SARIA, oe NEW-JERSEY: 
 
 CONTAINING, 
 
 AN ACCOUNT OF TPS FIRST SETTLEMENT, 
 PROGRESSIVE IMPROVEMENTS, 
 THE ORIGINAL AND PRESENT CONSTITUTION, 
 AND OTHER EVENTS, 
 TO THE YEAR 1721. 
 
 WITH 
 
 SOME PARTICULARS SINCE; 
 
 AND 
 
 A SHORT VIEW OF ITS PRESENT STATE. 
 
 MUEL SMITH. 
 
 BURLINGTON, IN NEW- JERSEY: 
 
 Printed and sold by James Parker : Sold also by 
 David Hall, in Philadelphia. m,dcc,lxv. 
 
 i 
 
0 f^Afi ri' 
 F 
 
 Entered according to Act of Congress, in the year 1877, by 
 WILLIAM S. SHARP, 
 In the Office of the Librarian of Congress, at Washington. 
 
 TRENTOJf, N. J.: 
 
 WM. S. SHABP, STEBBOTYPEB and FUBLIBHIiB. 
 
 1877. 
 
 I 
 
PREFACE TO SECOND EDITION. 
 
 In presenting to the public the second edition of " Smith's His- 
 tory OF New Jersey," the publisher feels that he has no 
 apologies to offer, but believes he is supplying a long-felt public 
 need. The original edition was published in 1765, and, many years 
 since, became exhausted. Cognizant of this fact, and also tliat the 
 work is an oft-quoted and perfectly reliable authority upon all the 
 subjects of which it treats, constant inquiries and importunities 
 from leading business and professional men in New Jersey and 
 -elsewhere have led to its re production, without amendment or 
 variation from the original in matters of language, construction, 
 and general style, the endeavor being to conform, as far as practi- 
 ■cable, to the quaint order of typography prevalent a century ago. 
 'Great care has been taken to attain correctness in these particulars, 
 to the end that historians and others may rely upon it to the same 
 extent as the original edition ; and, as the paging, and foot and 
 marginal notes have not been changed in any respect, a conflict of 
 indices is avoided, and facilities for reference greatly increased. 
 
 With this work is furnished a biographical sketch of the life 
 and public services of the author, by his nephew, John Jay Smith, 
 of Germantown, Pa., a gentleman thoroughly conversant with the 
 facts, and possessing documents of undoubted authenticity upon the 
 subject. This sketch contains many matters of an interesting char- 
 acter to the public generally, and includes genealogical data of con- 
 siderable importance to his descendants, of whom a number are 
 now residents of this State and elsewhere. Another innovation is a 
 finely executed copy of a map, published in 1777, by William 
 Faden, Charing Cross, London, of which it is unnecessary to speak 
 at length, as an inspection must satisfy every one of its importance 
 in this connection. Although this sketch and map form aio part 
 
 3 
 
Preface to Second Editioh. 
 
 of the original edition, the fact that the former was never before 
 published, and that the latter was taken from the first official draft 
 and survey of the Province, will render them of peculiar interest, 
 and the publisher has, for this reason, thoifght them valuable 
 additions. 
 
 Desiring that the re-publication of this standard production of 
 the past shall serve in the future as an aid to those whose necessi- 
 ties may cause them to appreciate its merit, the publisher sincerely 
 hopes that the effort to place so valuable a book within the reach 
 of all who desire to possess themselves of it, will prove satisfactory 
 in every respect. 
 
 WM. S. SHARP. 
 
 Teenton, N. J., August, 1877. 
 
SKETCH OF THE AUTHOR. 
 
 Samuel Smith, author of the "History of 'New Jersey," was eldest 
 son of Kichard Smith, esquire, of Burlington, member for twenty 
 years of the Assembly of West Jersey, and a Nourishing merchant in 
 Burlington and Philadelphia. 
 
 Richard Smith was the only son of Samuel Smith the elder, of 
 Bramham, West Eiding of Yorkshire, England, who came to New 
 Jersey in 1694, and. was for several years a member of the Assembly. 
 The father of the first Samuel Smith, Richard Smith of Bramham, 
 Yorkshire, was one of the original proprietaries of West Jersey, and 
 he and his two eldest sons, John and Daniel, brothers of the elder 
 Samuel Smith, signed as proprietaries the " Concessions and Agree- 
 ments of the Proprietors and People of West Jersey," the fundamen- 
 tal constitution of the province. 
 
 To the above-mentiond John Smith was allotted one of the ten 
 original town lots of the " London Proprietors," in Burlington, with, 
 its annexed wood or forest lot. 
 
 Our author, who was born "12th mo., 13th, A. D. 1720," engaged, 
 as a young man, in his father's business as a West India merchant, 
 and, for a time, removed to Philadelphia. He finally settled at 
 Burlington, where his town-house was the one since known as the 
 "Coleman" house. The fine estate of "Hickory Grove," a little 
 beyond the " London Bridge," was his country-seat or " plantation." 
 He married in the "eleventh" month, 1741, Jane, daughter of 
 Joseph Kirkbride, and by her had several children. 
 
 He was a man of most benevolent heart, and of a conscientious 
 uprightness and exactness in the discharge of duty. His reading 
 was extensive and accurate ; the several historical works composed 
 hy him, showing the fruits of careful research, and a clear and 
 agreeable style. He whs the originator of the benevolent efforts 
 which resulted in the colonization of the remmant of the New Jersey 
 
Sketc^h of the Atithor. 
 
 Indians at the " Brotherton " settlement ; drew up, in 1757, th« 
 constitution of the " New Jersey Society for Helping the Indians," 
 and signed its subscription list with twenty pounds. In all the 
 family relations, as son, brother, husband and father, Samuel Smith 
 was most exemplary, and was besides a prominent and useful mem- 
 ber of his religious community, " The Friends." 
 
 In 1765, Samuel Smith had the press of the "King's Printer" 
 moved to Burlington for the purpose of printing his " History of 
 New Jersey," as appears by the following extract: 
 
 "In 1764, James Parker, printer to the King for the Province of 
 New Jersey, compiled and printed a 'Conductor Generalis' for 
 Justices of the Peace, he then holding that office in Middlesex 
 county, and the following year moved his press from Woodbridge to 
 Burlington for the accommodation of the author of the History of 
 New Jersey, (Smith), but on the completion of the work it was 
 returned to the former place." ( Whitehead's Contributions to East 
 Jersey History, p. 376.) 
 
 Samuel Smith filled some of the most important public offices in 
 the Province of New Jersey. He was, for many years, a member 
 and Secretary of the King's Council, Treasurer of the Province, &c., 
 Ac. He died in 1776. His brother Eichard was a member of tke 
 Continental Congress. 
 
CONTENTS 
 
 C II A P. I. 
 
 A brief rieio of the cUncovery of America, and of the present pre- 
 vailing opinion, respeelinij the manner it oricjinaLly became peopled. 
 
 page 1 
 
 CHAP. 11. 
 
 An account ij the country on Delaware and the North-River, while the 
 first was in possession of t.'i,e Dutch and ^ivedes. p. 19 
 
 C II A P. HI. 
 
 The particulars of the En.(/ii>ih conquest, in. .1664 ; and the transactions 
 afterwards, 'respecting the inhabitants on Delaware; The arrival of 
 Francis Lorelace, <is gncemor ; part of his udniinistrution, and de- 
 scription of the Iloar/cills. p- 35 
 
 C II A P. IV. 
 
 King Charles the second, and dnke of York's grants, whence lord 
 Berkeley and sir Oeorge Carteret beeinie seized of New-Jersey: The 
 tirst constitution of g'wem.nien t under them : The settlement of Bergen, 
 Middletown, Shrewsbury, and Ellzabeth.-Town. : Philip Carteret 
 appointed qovernor of Jersey: Tiie Indinn purchase of Elizabeth- 
 Town, by the settlers ; and the jirsl general Jndian purchase by the 
 proprietors, &c. p- 59. 
 
 CHAP. V. 
 
 Major Andross appointed governor of New- York : Takes possession at 
 Delaware: Arrival of the (irst English settlers to West- Jersey, under 
 the dnke of York's title : Lord Berkeley assigns his moiety of New- 
 Jersey to Byllinge. and he in. trust to others : Their let'er and first 
 commission: New- Jersey dirided into the provinces Kast and West 
 Jersey; and the declaration of the West- Jersey proprietors. p. 77. 
 
 C 11 A P. VI. 
 
 Arrival of more settlers to West Jersei^ : Their difficulties: Their 
 purchases from the Indians: They lay out a, town: Some of their 
 first sentiments of the country ; and an, account of the dnke of York's 
 two last grants, being for the provinces East and West New-Jersey 
 separately. p. 92. 
 
 CHAP. VII. 
 
 Letters from some of the settlers of West- Jersey ; and arguments against 
 the customs imposed at the Hoarkill by the governor of New York. 
 p. 111. 7 CHAP. 
 
CONTENTS. 
 
 CHAP. VIII. 
 
 The first form of government in West- Jersey under the proprietors: The 
 first laws they made : The method of regulating land affairs ; and a 
 further account of the Indians found in the first settled parts of these 
 provinces, p- 126 
 
 C H A P. IX. 
 
 Another ship arrives at West- Jersey : Proceedings of the general assembly 
 of West-Jersey : Sir George Carteret's death : Conveyances to the 
 twelve Eastern proprietors ; Their proposals and regulations in several 
 respects; particularly in disposing of lands and, building a town at 
 Ambo point : The twelve proprietors each take a partner, and thence 
 are called the twenty -four ; to whom the duke of York makes a third 
 and last grant: The Iwenty-fowr establish the council of proprietors of 
 East- Jersey, on the footing it now is: A general view of the improve- 
 ments in East-Jersey in 1682: A compendium of some of the first 
 laws passed at Elizabeth- Town : Doubts started whether the govern- 
 ment of West-Jersey was granted with the soil: Jenings continued 
 governor of West-Jersey : And laws now passed there. p. 150 
 
 CHAP. X. 
 
 Robert Barclay appointed governor of East- Jersey, and T. Rudyard 
 deputy: Letters from Rudyard, S. Oroome, Lawrie, and others, con- 
 cerned in that settlement. p. 166 
 
 CHAP. xr. 
 
 Manner of the West-Jersey government in 1684 ; their unsettled state 
 and succession of governors : Danger of suffering for want of food in 
 1687 : The division line run by G. Keith ; an agreement between 
 the governors Coxe and Barclay : Alteration in themanner of locating 
 lands in West Jersey, and the method now in use fixed : No person in 
 West-Jersey to purchase from the Indians, without the consent of the 
 council of proprietors : And instructions respecting deeds and warrants 
 for taking up lands. p. 189 
 
 CHAP. XH. 
 
 A flood at Delaware falls : Death and character of Thomas Olive, 
 Thomas Gardiner and John Woolston : Commotions in East and 
 West Jersey : Surrender of the two governments to queen Anne : Her 
 acceptance thereof ; and her commission to lord Cornbury. p. 208 
 
 CHAP. xni. . 
 
 Instructions from queen Anne to lord Cornbury. p. 230 
 
 CHAP. XIV. 
 
 Observations on lord Cornbury' s instructions, and the privileges origi- 
 nally granted to the settlers ; with abstracts of some of them. p. 261 
 
 CHAP. XV. 
 
 Lord Cornbury convenes the first general assembly after the surrender : 
 His speech, their address, and other proceedings : Queen Anne's 
 proclamation for ascertaining the rates of coin ; Cornbury dissolves 
 
 the 
 
CONTENTS. 
 
 the assembly, and meets a new one to Ms mind : Their proceedings 
 and dissolution : A summary of the establishment and practice of the 
 council of proprietors of West-Jersey : Another assembly called ; who 
 remonstrate the grievances of the province. p- 275 
 
 CHAP. XVL 
 
 Lord Cornbury's answer to the assembly's remonstrance p. 296 
 
 CHAP. XVII. 
 
 The assembly's reply to lord Cornbury's answer to their remonstrance. 
 
 p. 311 
 
 CHAP. XVIII. 
 
 Memorial of the West-Jersey proprietors residing in England, to the 
 lords commissioners for trade ayid plantations : The lieutenant governor, 
 with some of the council, address the queen : The last meeting of 
 assembly under Cornbury's administration : They continue their com- 
 plaints : Samuel Jenings's death and character. p. 336 
 
 CHAP. XIX. 
 
 Lord Lovelace arrives governor : Convenes a new assembly ; they 
 apply to him for a hearing on the subject of the lieutenant governor 
 and council's application to the queen : His death ; is succeeded by the 
 lieutenant governor Ingoldsby : The first paper currency : Arrival of 
 governor Hunter : A short account of the first expedition to Canada : 
 A new assembly chosen : Their first session in Haunter's time. p. 355 
 
 CHAP. XX. 
 
 Representation of the general assembly to governor Hunter and Ats 
 answer. p. 375 
 
 CHAP. XXL 
 
 A. session of general assembly ; A second expedition to Canada : Meeting 
 of a new assembly : They quarrel : Some members designedly absent 
 themselves: Expell'd the house: Several of them again return' d, 
 and refused seats : A fruitful session at Crosswicks : Last session in 
 Hunter's time : An act passed for running the division line between 
 East a?i(i West- Jersey: William Burnet arrives governor: An un- 
 common wet harvest : Governor Burnet meets a new assembly, p. 399 
 
 CHAP. XXII. 
 
 Occurrences since the year 1721. p. 419 
 
 CHAP. XXIII. 
 
 The present state of Indian affairs in New- Jersey. p. 440 
 
 CHAP. XXIV. 
 
 A short geographical description of the province ; and additional view 
 of its present state. p. 485 
 
 APPEN- 
 
CONTENTS. 
 
 APPENDIX. 
 
 Numb. i. The concessions and agreements of the lords proprietors of 
 the ■province of New Ccesaria, or New- Jersey, to and with all 
 and every of the adventurers, and all such as shall settle or 
 plant there. p. 512 
 
 Numb. U. The concessions and agreements of the proprietors, freehold- 
 ers and inhabitants of the province of West New Jersey, in 
 America. p. 521 
 
 Numb. hi. A brief account of the province of East- J ersey, in America, 
 published by the present proprietors, for information cf all 
 such persons who are or may be inclined to settle themselves, 
 families and servants, in thai country. p. 639 
 
 Numb. iv. Governor Coxe's narrative relating to the division line, 
 directed to the council of proprietors of West- Jersey. 
 
 p. 546 
 
 Numb. v. The council of proprietors of West-Jersey to governor Bur- 
 net, p., 551 
 
 Numb. vi. Reasons and proposals for an amendment of the quinti- 
 partite line, and the act made for the confirmation thereof. 
 
 p. 554 
 
 Numb. VII. Minute of the council of proprietors, held at the city of 
 Perth- Amboy, August 17, 1742. p. 555 
 
 Numb. viii. The remonstrance and humble petition of the inhabitants 
 of East New-Jersey. p. 558 
 
 Numb. ix. The memorial of the proprietors of East New- Jersey. 
 
 p. 560 
 
 Numb. x. Opinion, and answer to the lord commissioners, &c. p. 562 
 
 Numb. xi. Memorial of the East Jersey proprietors to the lords of 
 trade. p- 564 
 
 Numb. xii. The petition of the proprietors of East and West Jersey, 
 to the lords justices. p. 565 
 
 Numb. xiii. Representation of the lords of trade to the lords justices. 
 
 p. 566 
 
 Numb. xiv. The memorial of the proprietors of East and West Jersey. 
 
 p. 570 
 
 THE 
 
THE 
 
 PREFACE. 
 
 ALTHOUGH among the follovring Pnpers 
 there are some of comequeiice in point of interest 
 to most Goncerned in the provinee of New-Jersey, 
 several of them were not to be found on reeord, in the 
 publicJc offiees, several were scattered in differeid provinces, 
 others could not be easily obtained, some tho' in print 
 formerly were in but few hands, some never made puLlick, 
 and many in danger of being lost ; on this account ivhat- 
 ever success may attend this undertaking as to the general 
 design, or disposition of the facts, 'tis some satisfaction, 
 that the labour of collecting them cannot be altogether 
 useless. 
 
 Whoever will be at the trouble of an enquiry info the 
 general inexperience and methods of colonizing formerly,, 
 especially at the time the settlements here were first 
 attempted under grants, will find but little reason to doubt, 
 that views of permanent stability to religious and civil 
 freedom, must have been the inducement to the oi'iginal 
 adventurers to think of such a voyage. The New England 
 governments had before been considerably settled from 
 motives of a like kind ; these, tho' near forty years later in 
 their removal, were also protestant dissenters, and involved 
 in the general insecurity, that such wiUi 7'eason appre- 
 hended in the reign of king Charles the second ; and the 
 actxml mfferings of many, through the mistaken policy of 
 that time, merely fot a free exercise of their religious senti- 
 
 11 menfe 
 
PEEF ACE. 
 
 ments, with their own accounts of their removal, renders 
 it as to them indisputable; and in this, as they do not 
 appear to have been cJmrg'd with any indirect violation of 
 religious integrity, so no instance occurs of dissatisfaction 
 among themselves, tho' many of them were remarkably 
 tender on that head ; with the motives above, some of them 
 had without doubt, a distant prospect also of improving 
 their estates ; but this could not be the case so much at first 
 as afterwards. 
 
 However smooth the passage may look now, it must be 
 a reasonable supposition, that persons and families, who 
 lived loell (which was the circumstance of many of the 
 settlers of this province) found it no inconsiderable trial, 
 to u/nsettle and remove 3000 miles ; besides parting with 
 the usual connections of friendship and neighbourhood, it 
 was in a great measure an unpi'ov'd experiment ; and then 
 much out of the common course of things : The navigation 
 also to this paH of the continent, for want of experience, 
 looked diJicuU, and the wilderness formidable ; but what- 
 ever were their motives, they successively encountered 
 the hazards and hardships to which the enterpi'ize was 
 exposed ; and, at their own expense, by the blessing of 
 divine providence on their labour, frugality and industry, 
 laid the foundation for the present improvement of terri- 
 tory to the mother country ; which, thd' not in many 
 respects to be compared to colonies of greater extent and 
 growth, is nevertheless a link in the chain of some consi- 
 derable importance. 
 
 That a century shoidd pass, ana very little appear 
 abroad of wJiat the settlers here have been doing, is not 
 so 7iiuch to be wondered at, when their diffixmlties in 
 
 procuring 
 
PREFACE. 
 
 xiii 
 
 procuring the conveniencies of living are considered ; but 
 this will hardly he allow' d, when the too general negligenoe 
 as to particular rights of individuals, and the reputation 
 of civil policy comes in question : Till very lately, a 
 variety of matters of that kind, were as much secrets to 
 most of the inhabitants, as they commonly are to strangers ; 
 and yet in muny parts of the province, are justly made 
 tJie subject of general complaint. 
 
 Whether the endeavours here used for bringing these 
 into one historical view, will sufficiently answer the pur- 
 poses of a more general information, must now be submitted 
 to experience ; they were undertaken with hopes of service 
 to the province, and if found but in a small degree con- 
 tributing to that, the end is so far answered : With this 
 view, they were several years since designed for the 
 publick, and nearly prepared ; but other occasions inter- 
 fering, necessarily delayed their appmrance much longer 
 than was expected. Being sent to the press sometime in 
 the last spring, no transaction that hath happened since,, 
 could be included, or is in any respect alluded to : On a 
 continuation, these will of course follow in their places. 
 
 To a collection principally intended to consist of a plain 
 state of facts, much need not be premised ; this may with 
 justice be said, that through the whole, the strictest 
 impartiality has been attended to, and if in other respects 
 executed according to intention, they are offered to the 
 publick, with as few material omissions, as the present 
 opportunities of collecting would allow ; yet the diffidence 
 attending an attempt from papers in great part not used 
 before on the like occasion, would plead for some allowances 
 as a few mistakes^ especially in dateSy and other minutuBy 
 
 among/ 
 
PREFACE. 
 
 among the smaller facts, may have escaped, notwith- 
 standing an assiduous care to avoid them ; but these it is 
 hoped will not be found so considerable, as to obstruct the 
 service intended. 
 
 As nothing is aim'd at, more than a fair and candid 
 representation; any friendly hints, or materials necessary 
 either for correction or improvement, will be thankfully 
 received, and the first opportunity embraced to apply them 
 accordingly. 
 
 Burlington, \ 
 
 •6th October, 1765. / 
 
I 
 
 I 
 
THE 
 
 HISTORY 
 
 55 S^il OF 
 
 New-Jersey. 
 
 CHAP. I. 
 
 A brief view of the discovery of America, and of the 
 present prevailing opinion respecting the manner it 
 originally became peopled. 
 
 T 
 
 m 
 
 HE first effectual discoverers of 
 America among the moderns, were 
 Christophoro Colon, or Colombo, 
 and Americo Vespucci, or Vesputius ; 
 of these the former is supposed to 
 have been a Genoese by birth, the 
 other a native of Florence: From him the new 
 world took its name, yet his history in other parti- 
 culars is too intricate to afford much satisfaction.*. 
 
 That 
 
 He made two voyages in 1497 and 1498, in the service of 
 Spain: Another in 1501, in the service of Portugal: In the first 
 he fell in among the Caribbee islands ; and the last with three ships 
 arrived to and discovered the eastern continent of America, in 
 five degrees of south latitude. 
 
 " America is a more common than fitting name, seeing Americas 
 " Vespucins the Florentipe, from whom this name is derived, was 
 "not the first finder nor author of that discovery: Columbus will 
 "challenge that, and more justly, with whom and under whom 
 " Ainericus made his first voyage; howsoever after that he coasted 
 "a great part of the continent which Columbus had not seen, at 
 " the charges of the Caslilian and Portugal kings; but so it might 
 "more rightly be termed Cabotia or Sebastiana, of Sebastian Cabot, 
 
 A "a 
 
 A. D. 
 1492. 
 
2 
 
 The history 
 
 H92 That of the first under the well-known name of 
 Columbus Christopher Columbus, is readily traced ; with him 
 therefore we begin, as the person principally con- 
 cerned in the discovery. 
 
 He had applied himself to the study of astronomy 
 and geography, and very early appeared to have a 
 more than common desire to understand the state of 
 all countries upon the face of the globe, and to make 
 new discoveries; which probably was his reason for 
 settling at Lisbon, no nation having push'd their 
 ■discoveries further than the Portuguese at that time; 
 here he employed himself in drawing maps and 
 charts, and preparing himself for future enterprizes. 
 He married and settled in Lisbon, was of a good 
 family, a grave and temperate man, of competent 
 learning, studious in the mathematicks, and from 
 his youth bred to navigation. 
 
 What the particular motives were that induced ■ 
 him to search after this new world, are not certainly 
 known ; some attribute it to informations he had 
 received, others to his skill in the nature of the globe ; 
 that this made him conclude it probable there must 
 be a great tract of land to the westward of Spain, 
 that it was not to be imagined the sun when it set in 
 
 , that 
 
 "a Venetian, whieli discovered more of the continent than they 
 "both, about the same time, first employed by king Henry tiie 
 "seventh of England. — Columbus yet as the first discoverer deser- 
 " veth the name, both of the country for the first finding, and of 
 "modesty, for not naming it by himself, seeking rather effects 
 "than names of his exploits." Purchases Pilgrim, p. 792. 
 
 6. His son who wrote his history, says, he was moderately fall 
 and long visaged, his complexion a good red and white, that he 
 had light eyes, and cheeks somewhat full, but neither too fat nor 
 too lean; that in his youth he had fair hair, which turned grey 
 before he was thirty years of age; that he was moderate in eating 
 and drinking, affected a plain modest garb or dress; that he was 
 naturally grave, but affable to strangers, and pleasant frequently 
 among his domestics, strict and devout in religious matters, and 
 tho' a seaman, was never heard to swear or curse. 
 
Of new - jersey. 
 
 3 
 
 that horizon gave h'ght to nobody : Whatever gave A. D. 
 rise to the project, a discovery he resolved to attempt, 
 and being unable to do it at his own charge, he first 
 offered his service to the Genoese, next to the king of 
 Portugal; not meeting with encouragement from ' 
 either, he sent his brother Bartholomew to England, sends his 
 to offer his service to Henry the seventh : King Henry Bartholo- 
 approved his proposals ; but the brother on his return 
 being taken by pirates, and Columbus receiving no 
 answer, left Portugal and went to Spain: On his 
 application to Ferdinand and Isabella, king and queen 
 of Castile and Arragon, he succeeded so well, that 
 in the year 1492, they provided him with money, and 
 entrusted him with three small ships for the expedition ; 
 he also obtain'd a grant from them to be admiral of 
 the western seas; all civil employments as well as 
 governments in the continent or world to be discovered 
 were to be wholly at his disposal ; and besides the 
 revenues of the posts of admiral and vice-roy, he was 
 to enjoy a tenth of all the profits arising by future sails with 
 conquests ; his little squadron manned only with ninety 
 men set sail from Palos for the Canaries the third of 
 the month called August, 1492, and arriving at those 
 islands the twelfth, sailed from thence the first of 
 September, upon his grand design : he had not sailed 
 a fortnight to the westward before his men began to 
 murmur at the enterprize; they observed the wind 
 constantly set from east to west, and apprehended 
 there would be no possibility of returning if they 
 missed the land they were made to expect; on the 
 nineteenth observing birds to fly over their ships, and 
 on the twenty-second weeds driving by them, they 
 began to be better satisfied, concluding they were not 
 far from land : they continued their course several 
 days farther westward, and meeting with no land, the 
 seamen mutinied to that degree, that they were almost 
 
 ready 
 
4 
 
 The history 
 
 A. D. ready to tbrovv the admiral overboard, and return 
 1492 
 
 home, when happily for him they saw more birds, 
 weeds, pieces of boards, canes,, and a shrub with the 
 berries upon it, swim by them, which made them 
 conjecture there must be islands thereabouts: It was 
 on the eleventh of October, about ten at night, that 
 the admiral first discovered a light upon the island of 
 His first Guanahailic- or 8i. Salvador, as he named it, in con- 
 diacovery. gi^eration that the sight of it delivered him and his 
 men from the fear of perishing: It is one of the 
 Bahama islands, about fifteen leagues long, in the north 
 latitude of 15 degrees.c^- Day appearing, the ships 
 came to anchor very near the island ; the natives 
 crowded the shore, and beheld the ships of these new 
 comers with astonishment, taking them for living 
 creatures.e- The admiral believing there was no great 
 danger to be apprehended from them, went ashore in 
 his boat, with the royal standard, as did the other two 
 captains, with their colours flying, and took possession 
 
 of 
 
 c. A bay or harbour of sea or water. 
 
 d. All that is commonly remembered of the sailor who first 
 discovered land, is, that expecting some great reward from the 
 king of Spain, and disappointed, he took it in his head in a rage 
 to renounce Christianity, and turn'd Mahometan. 
 
 e. One of the Eiver Indians, in liis speech at the treaty of 
 Albany, 1754, relates the surprize of their forefathers at tlie sight 
 of the first ship that came up the North river in the same manner; 
 his speecii so far as relates to this subject was as followeth: 
 'Fathers, we are greatly rejoiced to see you all here; it is by 
 ' the will of heaven that we are met here, and we thank you for 
 'this opportunity of seeing you altogether, as it is a long while 
 'since we had such a one: Fatheks who sit present here, we will 
 'just give you a short relation of the long friendship which hath 
 'subsisted between the white people of this country and us: our 
 'forefathers had a castle on this river; as one of them walked out 
 'he saw something on the river, but was at a loss to know what 
 'it was ; he took it at first for a great fisli ; he ran into the castle, 
 'and gave notice to the other Indians; two of our forefathers 
 ' went to see what it was, and found it a vessel with men in it ; 
 ' they immediately joined hands with the people in the vessel, and 
 'became friends.' 
 
Of NEW- jersey. 
 
 6 
 
 <jf the country in the name of the king and queen of A. D. 
 Spain with great solemnity; the Indians mean while 
 stood gazing at the Spaniards without attempting to 
 oppose them. The admiral ordered strings of glass beads, 
 caps and toys to be distributed among the natives, with 
 which they seemed much pleased : The principal orna- 
 ment about them was a thin gold plate in the form of a 
 crescent, hanging from the nose over the upper lip; 
 the admiral demanding by signs, whence they had their 
 gold plates, they pointed to the south and south-west ; 
 he rowed in his boats about the island, to discover if 
 there was any thing worth his settling there, followed 
 by the natives every where, who seem'd to admire 
 him and his people as something more than human : 
 From this island coasting southward 180 leagues, he 
 arrived at another, which he called Hispaniola, where discovera 
 his own ship striking on a hidden rock was lost; he Hispanio- 
 and his crew were taken on board one of the other 
 vessels ; landing here, the natives, instead of behaving 
 as the others had done, fled from him; but taking 
 one of their women, treating her kindly, and then 
 letting her go back among them, she brought num- 
 bers to traffick, who seem'd very peaceably dispos'd; 
 and by some means, or other finding there were gold 
 mines in this island, Columbus, aided by the natives, 
 built a fort, left thirty-nine men, with provisions for 
 a year, seeds to sow, and trinkets to trade with the 
 natives: After discovering a good part of the north 
 and east coast of Hispaniola, trading with the Indians 
 in diverse place, and near three months stay in the 
 island, he bent his course homewards, and arrived at returns. 
 Palos, in Andalusia, early in the spring 1492, 3; 1493. 
 having performed the voyage in seven months and 
 eleven days: Here the people received him with a 
 solemn procession and thanksgiving for his return, 
 most of his seamen belonging to that port; the king 
 
 and 
 
6 
 
 The history 
 
 A. D. 
 
 1493. 
 
 Cabot's 
 
 1497. 
 adventure. 
 
 finds 
 Greenland 
 
 and New- 
 foundland 
 
 and queen of Spain being at Barcelona, when the 
 admiral drew near the city, the court went out to meet 
 him; he was receiv'd with- the honors due to a 
 sovereign prince : Having given an account of his 
 voyage, he begged to be equipped according to the 
 dignity of his character of admiral and viceroy, that 
 he might plant colonies in the places he had thus 
 discovered, which was readily granted ; and he after- 
 wards made diverse other voyages to America./- 
 
 The fame of the discovery, and of the rich cargoes 
 brought to Old Spain at several times from thence, 
 being spread through other nations, gave rise to other 
 adventurers. The next attempt was made by Sebastian 
 Cabot, a Venetian by extraction, but born in England, 
 and being much given to the study of navigation, and 
 well skill'd in cosmography, he believed there might 
 be a passage found by the north-west to the East 
 Indies shorter than that lately discovered by the Cape 
 of Goodhope ; he made Interest with Henry the 
 seventh of England, who fitted out two ships to 
 make the discovery. 
 
 In 1497, Cabot sailed from Lisbon, in the begin- 
 ning of summer, aiid steering his course north-west,, 
 came up with land about 60 degrees north latitude, 
 supposed to have been Greenland ; g- but perceiving 
 the land still run north, he changed his course, in 
 hopes of finding a passage in less latitude. About the 
 50th degree, he saw that which is now Avell known by 
 the name of Newfoundland : Here he took three of 
 the natives, and coasted southward to the latitude of 
 
 .38 
 
 /. He died in the city of Validolid in Spain, in the spring 1506, 
 and was buried in the cathedral of Seville, with this inscription on 
 his tomb, that Columbus had given a neiv world to Castile and Leon. 
 
 g. This country is considered as part of the American continent, 
 both by Hornius and Grotius. Grotius apud Horn, de orig. Genu 
 American, Lib. ill. c. 5, 6, pa. 149, 162. ut et ipse Horn. ibid. 
 
OfNEW - JERSEY. 7 
 
 38 degrees; (about Maryland) his provisions growing 
 scarce, and no supplies there to be expected, he re- 
 turned to England, where the natives he brought lived 
 a considerable timeJi- From this voyage and discovery 
 made by Cabot, the English have claimed the country 
 ever since, from the well known Jus Gentium, Law 
 OF Nations, that whatever waste or uncultivated 
 country is discovered, it is the right of that prince 
 
 who 
 
 h. 'King Henry vii. commiasioned John Cabot (5th of March, 
 'in the eleventh year of his reign) and his lliree sons, to sail in 
 'quest of unknown lands, and to annex them to the crown of 
 'England; with this clause, which before this time have been un- 
 ' known to all christians. His first essay as related by sir Humpliry 
 'Gilbert, who was employed in the like service afterwards by 
 'queen Elizabeth, was to discover a north west passage to Cathay 
 'or China; in which voyage he sailed very far eastward, with a 
 'quarter of the north, on the nortn side of Terra de Labrador, 
 'till he came into the north latitude of sixty seven degrees and a 
 'half In his next voyage, which was made with his son .'^ebastian, 
 'in the year 1497; he steered to the south side of Labrador, und 
 'fell in with the island of Baecalaos, which is Newfoundland, and 
 ' took possession both of that island and all the coast of the north 
 'east part of America, as far as Cape Florida; which he also by 
 'landing in several parts of it, claimed in the name of his master, 
 ' the king of I^ngiand. 
 
 'In the memory of this discovery, and by way of evidence, there 
 'was a map or chart of the whole coast of North-America drawn 
 'by Sebastian Cabot himself, with hia picture and this title, Effigies 
 'Seb. Caboti Angli, Fiiii Jo. Caboti, Venetiani, Militia Aurali, 
 ' &c. and with the following account of the discovery above men- 
 ' tioned, 
 
 "In the year of our Lord 1497, John Cabot, a Venetian, and 
 "his son Sebastian (with an English fleet) set out from Bristol, 
 "and discovered that land, which no man had before attempted. 
 "This discovery was made on the 24th of June about five o'clock 
 "in the morning. Tiiis land he called Prima Vista (or the first 
 "seen) because it was that part, of which they had the first sight 
 "from the sea. It is now called Bonavista. The island, which lies 
 "out before the land, he called the island of St. John, probably 
 "because it was discovered on the festival of St. John Baptist." 
 
 'This map was hung up in his Majesty's privy-gallery at White- 
 'hall; and, it is to be feared, the nation was deprived of such a 
 'valuable testimonial of their American title to the whole coast of 
 'North-America, by the fire which destroyed that gallery in the 
 'late King William's reign". Entick's Gen. Hist, of the late war, 
 Vol. I. p. 168, &c. 
 
 A. D. 
 
 1497. 
 
8 
 
 The history 
 
 A. D. 
 
 1497. 
 
 Pheni- 
 cians. 
 
 Egyptians 
 and Car- 
 thaginians. 
 
 who had been at the charge of the discovery.''- This 
 from universal suffrage gives at least a right of pre- 
 emption, and undoubtedly must be good against all 
 but the Indian proprietors.'^- 
 
 We hav^e seen that in the discovery of North and 
 South- America, inhabitants were found at the places 
 touch'd at ; in all probability they were as plentifully 
 dispersed throughout the different countries of Ame- 
 rica; but how these people originally came there, is a 
 question not easily solved ; tho' it has for above two 
 centuries, been the subject of much enquiry, it is not 
 yet arrived at a decision.^- All therefore that can be 
 done, is to give a short view of the most probable 
 conjectures that have been hitherto offered. 
 
 It is not unlikely the new world was known to the 
 Piienicians, even a considerable time before the days 
 of Plato ; who in all likelihood found but few (if 
 any) inhabitants there ; that they contributed towards 
 the planting of it, we have some reason to believe, as 
 they are supposed to have made three voyages thither ; 
 however that colonies from other nations crossed the 
 Atlantick, and latided in America, cannot be well 
 denied ; neither the Egyptians nor Carthaginians are 
 supposed void of some traditional knowledge of Ame- 
 rica, since they are believed^- to have communicated 
 
 such 
 
 i. Cxrotius de jure belliac paeis, Lib. 2. Cap. 2. Sect. 17. Molloy 
 de jure Mar. 422, 423. Justinian Inst, Lib. 2. Tit, ]. Sect. 12 & 
 22. 
 
 k. Lex Mercat. 156. MoUpy ut supra. 
 
 I. If we are not astonished (pays Voltaire) that the discoverers 
 found flies in Americn ; it is absurd to ivonder that they should meet 
 with men. Univ. Hist. If European whites, and African negroes, 
 are not descended from the same original stock ; a supposition con- 
 fessedly adopted by the celebrated historian, (it must be allow'd) 
 easy to come to a decision in the present case. 
 
 m. Perizoniiis and Cellarius seem to have inferr'd from thence, 
 that the new world was not entirely unknown to the remoter ages 
 of antiquity. 
 
Of NEW-JERSEY. 
 
 9 
 
 such knowledge to other nations : whicli if we admit, 
 it follows, that some of the ancient Egyptians and 
 Carthaginians had been there, and contributed to- 
 wards peopling the continent, as well as the Plienicians. 
 The Author of the book de Mirabilibus Audit, sup- 
 posed to be Aristotle ; expressly asserts the Carthagi- 
 nians to have discovered an island beyond Hercules's 
 pillars, abounding with all necessaries, to which they 
 frequently sailed ; and there several of them even fixed 
 their habitations ; but the senate, adds he, would not 
 permit their subjects to go thither any more, lest it 
 should prove the depopulation of their own country 
 Several of the original American nations we are told, 
 rent their garments, the more effectually to express 
 their grief on any malancholly occasion ; the Hebrews, 
 Persians, Greeks, Sabines, and Latins, according to 
 various authors, did the same; from whence some 
 may possibly imagine, that those Americans deduced 
 their origin from one or more of those nations; but 
 this is too slender a foundation for such belief : o. So 
 that Menasseh Ben Israel, appears to have wrongly 
 concluded from thence, that the Israelites were the pro- 
 genitors of the Americans, Theophilus Spizelius 
 seems to have refuted this opinion : Though the Pheni- 
 cians, Egyptians and Carthaginians, might have 
 planted some colonies, yet the bulk of the inhabitants 
 must certainly have deduced their origin from another 
 part of the world : Had the Plienicians and Egyptians 
 
 peopled 
 
 n. Aristot de mnnd. c. 3. et de Mirah Audit. Christ. Cellar, 
 ubi supra, pa. 253. Jacob Perizon in JEiion. Var. Hist. Lib. 111. 
 c. 18. 
 
 0. William Penn, in his letter to the committee of the free society 
 of traders in London, in 1683 ; gives a short sketch of his opinion, 
 touching the origin of the Indians here, whom he imagines to be 
 of the stock of the J ews, that after the dispersion of the ten tribes 
 emigrated through the eastermost parts of Asia, to the westernmost 
 of America. 
 
10 
 
 The history 
 
 A. D peopled even a considerable part of America, it would 
 scarcely have been taken so little notice of by the 
 antients; even supposing those nations had industriously 
 endeavoured to conceal their western discoveries ; for in 
 such case, there must have been a constant comrauni- 
 cation kept open between America, Egypt, and Pheni- 
 cia, and a very extensive trade carried on : so that 
 many particulars relating to the new world, must 
 necessarily have transpired ; nor could eveii the sailors 
 themselves, who navigated the Phenician ships, have 
 omitted divulging many accounts of what they observed 
 on this continent ; some of which would undoubtedly 
 have been transmitted to us. 
 
 That therefore, the Americans in general, were 
 descended from a people who inhabited a country not 
 so far distant as Egypt and Phenicia, must be admitted : 
 Now no country can be pitched upon so proper and 
 convenient for this purpose, as the north-eastern part 
 of Asia, particularly great Tartary, Siberia, and more 
 ^amis- especially the Peninsula of Kamtschatka ; that proba- 
 bly was the tract through which many Tartarian colo- 
 nies passed into America, and peojiled the most consi- 
 derable part of it. This however, seems the most pre- 
 vailing opinion. 
 
 There is great reason to believe, that some of the 
 western provinces of North-America, must either be 
 continuous to, or at no great distance from the north- 
 eastern part of Asia ; which, we are not yet informed ; 
 but it is probable east of Kamtschatka, there is an 
 immense tract approaching to North-America, and 
 that to this day, there remains at least a kind of com- 
 munication between them, by means of a chain of 
 islands ; it may also be supposed that Asia and A merica, 
 were formerly connected by an isthmus, which might 
 have been destroyed by an earthquake : such a supposi- 
 tion may be supported by the authority of those 
 
 writers 
 
Of NEW-JERSEY. 
 
 11 
 
 writers who have rendered parallel instances credible, A - D. 
 
 . 1749. 
 
 such as the disjunction of Britain from Gaul, and Spain 
 from the continent of Africa : A coranmnication 
 between Asia and America, seems agreeable to truth, 
 not only from what has been advanced by Reland, but 
 from the discoveries made by the Russians ; an account 
 of which we find in the publick prints of the year 
 1737, and since : According to these, some of the 
 Czarina's subjects have touched at several^ islands, 
 which lie at a distance in the eastern direction from 
 Japan and Kamtschatka, and consequently between 
 those countries and America. The people of these 
 islands, in some points are said to resemble the 
 Japanese, and to use pieces of money with characters 
 not unlike those of Japan. Leonard Enler, professor 
 of mathematicks, and member of the imperial 
 society at Petersburgh, seems to imagine, that the 
 north-eastern cape of Asia, discovered by capt. Behring, 
 is not thirty degrees off' the last known head-land of 
 California; but the ingenious Dobbs, governor of 
 North-Carolina, places them at a much greater dis- 
 tance : Be that however as it may, that the sea between 
 the most north-eastern coast of Asia, and the most 
 western part of California, allowing such a sea to- California, 
 exist, is interspersed with many islancfs, at no great 
 distance from each other, may be very naturally sup- 
 posed • nay, if any credit may be given to the advices- 
 lately received from Petersburgh, the connection of 
 Asia and America, or at least the communication 
 between them, by means of such islands, is as good 
 as discovered. 
 
 That part of America next to Asia, is said to be 
 much more populous than the remoter eastern pro- 
 vinces or kingdoms ; which is a manifest indication, 
 that this was first planted, by colonies coming from 
 the nearest parts of Asia, who settled here, and Asia. 
 
 afterwards 
 
12 
 
 The history 
 
 A. D. afterwards spread themselves gradually over the new 
 1497. & ./ 
 
 world ; from whence we may conclude, that the bulk 
 
 of the Americans are descended from the Tartars, 
 Siberians, and people of Kamtschatka. 
 
 The people inhabiting the extreme north-eastern 
 part of Asia, entirely want horses, those animals not 
 being able to live in so cold a region; it seems to be 
 agreed, that no horses were found in America, at the 
 first discovery of it ; for that in several places, the 
 natives used rein deer and large mastiff dogs p instead 
 of them, as many of the posterity of the antient most 
 northern Scythians or Tartars did. The Epicerini, a 
 people of Canada, when the Europeans first came 
 among them, asserted, that very far from them, in a 
 western direction, there lived a nation, who affirmed 
 that foreign merchants, without beards, in great ships, 
 frequently visited their coasts: we are also told, that in 
 -Qnivira. Quivira, several ships have been found, whose sterns 
 were adorned with silver and gold, which was a dis- 
 tinguishing characteristick of the Chinese and Japanese 
 ships, according to some good authors : That some 
 Chinese vessels of considerable force, were found 
 wreck'd in the Mare del nord, above Florida, which 
 might have been the same with those seen at Quivira, we 
 learn from Ancosta. In Quatulia too, a tradition pre- 
 vailed, intimating that foreign merchants after a long 
 journey from the westward, arrived there, and that 
 these merchants were cloathed in silk : From whence 
 we may collect, that the Chinese visited America, and 
 communicated some of their customs to the people of 
 that country, q especially as the Chinese manner of 
 
 writing 
 
 p. Some of the back Indians beyond Detroit, now make use of 
 dogs to draw wood and other matters on sleds. 
 
 g. The people (says M. de Guignes, in a memoir upon the ancient 
 navigations of the Chinese to America) whom we have always be- 
 lieved to have been confin'd within the bounds of their own country, 
 
 penetrated. 
 
Of NEW-JHRSEY. 
 
 writing i'n Hieroglyph ics, sufficiently agrees with the A. D. 
 American dialect. We learn from Hornius, the 
 Hunns, or at least a branch of that people, placed in 
 the farthest part of Asia, had the appellation of 
 Cunadani, or Canadani, from Cunad, a place not far 
 from the sea, where some of them had their situation ; 
 hence we find a city in the upper Hungary, built by 
 their descendants, denominated Chonod, or Chunad, 
 the inhabitants of which,, and those of the neighbouring 
 district, still retain the name of Chonadi, or Cunadi ; 
 from these Hornius believes the natives of Canada to Canada, 
 have deduced both their origin and denomination. 
 
 No. 
 
 penetrated into America in the year 458 of the Christian sera. Tliat 
 they went thither by Japan and the countries of Ven-chin and Ta- 
 han. By considering what the Chinese geographers say of the distance 
 and productions of these remote regions, he proves tliat Ven-chin 
 is Jesso or Yedzo, and that T'a han is the most eastern part of tlie 
 north of Asia. From thence tlie Chinese saiied towards the east, 
 and fell in with the country of Fou-sang, which, according to the 
 Chinese distances, should lie to the north of California. He gives 
 us, from the annals of China, a short account of the manners of the 
 inhabitants of Fou-sang ; he informs us further, that several islands 
 in the south sea were known to the Chinese ; and also that coast 
 which John de Saraa discovered in bis passage from China to Mexico. 
 To give a more exact idea of these navigations, M. de Buache hath 
 constructed a chart, on which he hath traced with a great deal of 
 accuracy, tlie route of the Chinese, and noted the distances of the 
 several countries. By this chart it appears, that the geography of 
 these parts, taken from the ancient books of the Chinese, agrees 
 very well with the late discoveries of the Russians. To this chart 
 is added part of another ancient chart drawn by the Japonese, in 
 which are laid down the north of Asia, and all the western coast of 
 America, according to the knowledge they had of it. This conti- 
 nent thei'e appears entirely terminated on the side of Asia, and we 
 there see the isles which have been lately known .to the Russians 
 only ; and this proves the truth of the former .Japonese discoveries. 
 This chart was brought from Japan by the celebrated Kempfer, and 
 afterwards lodg'd in the cabinet of the deceased Sir Hans Sloane, 
 president of the royal society of London,, who sent a copy of it to 
 M. de Guignes. 
 
 After having determined the situation of all the countries to the 
 east of China, M. de Guignes remarks, that Chr. Columbus was 
 not the first who attempted discoveries towards the west: Long be- 
 fore 
 
14 
 
 The history 
 
 No small accession of strength will be brought to 
 the opinion before advanced, with respect to the 
 peopling of America, by one particular incident, 
 mentioned in a short narrative of the late discoveries 
 of the Russians. They found peopled, as should seem, 
 captain Behring's new land before mentioned, above 
 fifty German miles to the east of Kamtschatka; for 
 coming to the entrance of a great river, he sent his 
 boats and men ashore, but they never returned, being 
 probably either killed or detained by the natives ; nay, 
 
 the 
 
 fore him, tlie Arabians, whilst they were masters of Spain and Por- 
 tugal, enterprized the same thing from Lisbon ; hot after having 
 advanced far to the west, they were obliged to pnt back to the 
 Canaries; there they learnt that formerly the inhabitants of these 
 islands had sailed towai'ds the west for a month together, to discover 
 new countries. Thus we see, that the most barbarous people, with- 
 out the knowledge of the compass, were not afraid to expose 
 themselves to the open sea in their slight small vessels, and that it 
 was not so diflicult for them to get over to America, as we imngine. 
 
 These researches, wliich of themselves gives us a great insight 
 into the origin of the Americans, led M. de Guignes to determine 
 the rout of the colonies sent to this continent. He thinks the greatest 
 part of them passed thither by the most eastern extremities of Asia, 
 where the two continents are only separated by a narrow streight, 
 easy to cross. He reports instances of women, who from Canada 
 and P"'lorida, have travelled to Tartary without seeing the ocean. 
 
 The commerce of the Chinese would naturally open a way to 
 America, augment the number of the inhabitants, and contribute 
 to polish them. On this occasion M. de Guignes observes, that the 
 most civilized nations of the American continent are situated on the 
 coast which looks towards China, and that they come originally 
 from the north of America, i. e. from the neighbourhood of those 
 countries where the Ciiinese landed, as Quivin and New Mexico, 
 whence the Mexicans came to settle in Mexico, properly so called, 
 after having expelled the ancient inhabitants. 
 
 M. de Guignes cites some authorities, which give ns reason to 
 believe, that the streights of Magellan were known to the Chinese, 
 and that the Coreans had a settlement in Terra del Fnego. These 
 navigations of the Chinese, and of the most uncivilized nations, 
 incline him to believe, that the people dispersed in the isles to the 
 south of the Indies, after having multiplied, migrated from island 
 to island, and by means of that chain of islands which reaches al- 
 most to America, insensibly approached that continent. The exam- 
 ple of the inhabitants of the Canaries gives a probability to this 
 ■conjecture. Gentleman's Magazine, 1753, p. 607. 
 
Of is EW - JERSEY 
 
 16 
 
 the publick prints in October, 1737, mention some A. D. 
 particulars relating to the inhabitants of certain islands 
 between Kamtschatka,''- Japan, and America, which 
 seem to carry with them an air of authority. This will 
 amount to a fair presumption, that the islands or con- 
 tinent between Kamtschatka, Japan, and California, 
 still unknown to the Europeans, are likewise inhabited ; 
 and if so, that tliose inhabitants must hav^e advanced 
 gradually, from Tartary, Japan, and Kamtschatka 
 to the places wherein they are fixed : From whence we 
 may infer, that even the natives of California, and the 
 adjacent parts of America, took originally the same 
 route; for that Tartary, and Japan, must have been^ 
 peopled before America, as lying nearer to the land 
 of Shinar, where the whole race of mankind was 
 assembled before the dispersion, will admit of no 
 dispute; and that America should have received many 
 colonies from such neighbouring countries as Tartary, 
 Japan, and Kamtschatka, whether they are continuous 
 or contiguous to it, or connected with it, by some 
 intermediate continent, chain of islands, &c. is very 
 natural to suppose.?- So that from the tract lately 
 discovered to the east of Japan and Kamtschatka, and 
 the people settled there, we may infer the probability 
 of America's being planted in part by colonies drawn 
 from the north-eastern regions of Asia ; for by such dis- Asia. 
 CO very, a nearer approach is made from Japan and 
 
 Kamtschatka, 
 
 r. The new history of Kamtschatka, lately published in the 
 Eussian language, and translated into English by J. Grieve, M. D. 0 
 gives a particular description of the customs and way of living of 
 the inhabitants there, which agrees in several particulHrs, and in 
 the whole manner seems not very different from the original customs 
 of the North American.Indians. For a brief account of this history, 
 see Monthly Review, vol. 30, p. 282. 
 
 s. Vide a memoir of M. Le Page du Pratz, containing an account 
 of the travels of Moncacht-ape ; a civilized Indian of Loiiisiania, 
 to the north-west parts of America, Gent. Afag.. for Sept. 1753. 
 
16 
 
 The history 
 
 A. D. Kamtschatka, to the coast of California ; and from this 
 approach, a presumptive argument is drawn in favour 
 of the opinion here advanced. 
 
 But it is time now to proceed to other matters : Such 
 as may incline to see the subject further discussed, are 
 for brevity's sake^ on a point not material enough to 
 dwell long upon here^ referred to the Univ. Hist.^- 
 Whence many of the arguments on this head, are 
 selected ; and where the inquisitive reader, amidst 
 much of the incredible, (with which it hath been usual 
 to load the subject) will find convincing proofs in 
 favour of what is here proposed. 
 
 Although the English had very early made the 
 discovety of North-America, a considerable time 
 * elapsed before any advantages accrued: Sir Walter 
 
 1584. Raleigh, in 1584, was the first Englishman who 
 Walter attempted to plant a colony in it.^- In this year he 
 paten?. obtained a patent from Queen Elizabeth, for him- 
 and his heirs, to discover and possess for ever, under 
 the crown of England, all such countries and lands as 
 were not then possessed by any christian prince, or 
 inhabited by christian people: — Encouraged by this 
 grant, Raleigh and other partners, at divers times, 
 fitted out ships, and settled a colony at Roanor,a;. in 
 Virginia; but notwithstanding various attempts, they 
 met with such discouragements, that no great improve- 
 ments were made until some time afterwards. 
 1606. In the year 1606, King James, without any regard 
 
 to Raleigh's right, granted a new patent of Virginia ; 
 in which was included New-England, New- York, 
 
 New- 
 
 t. Vol. XX, Lond. Edit. 1748, pa. 157. 
 
 V. That is a regular colony under grants — 'Sir Armigell Wadd, 
 'of Yorkshire, clerk of the council to Henry viii. and Edward vi. 
 ' and author of a book of travels, was the first Englishman that made 
 . 'discoveries in America.' H. Walpole's anecdotes of painting, vol ii. 
 
 Catalogue of engravers, p. 18, 19. A note. 
 
 X. Now Roanoke, in North- Carolina. 
 
Or NEW-JERSEY. 
 
 New- Jersey, Pennsylvania, and Maryland; from \'qqq' 
 queen Elizabeth's time to the time of this patent, the 
 whole country bearing that name, which was given it 
 by Raleigh, in honour of his virgin mistress, as 
 some say ; others have it that it took its rise from 
 the country's npt being settled before. The patentees Patentees, 
 were sir Thomas Gates, sir George Summers, Richard 
 Hackluyt, clerk, Edward Maria Wingfield, Thomas 
 Hanham, and Raleigh Gilbert, Esqrs. William Parker, 
 George Popham,.!/- and others : The extent of the 
 land granted, was from 34 to 45 degrees of north 
 latitude, with all the islands lying within 100 miles 
 of the coast. Two distinct colonies were to be. planted 
 by virtue of this patent, and the property ascertained 
 in two different bodies of adventurers : The first to 
 belong to Summers, Hackluyt, and Wingfield, under 
 title of the London adventurers, or the London 
 company ; and was to reach from 34 degrees to 41, 
 with all lands, woods, mines, minerals, &c. The 
 other colony was to reach from the end of the first, 
 to 45 degrees, granting the same priviledges to Han- 
 ham, Gilbert, Parker, and Popham, under the name 
 of the Plymouth company, with liberty to both 
 colonies to take as many partners as they pleased ; for- 
 bidding others to plant within those degrees, without 
 their licence ; only reserving the fifth part of all gold 
 and silver mines, and the 15th part of copper, to the 
 use of the crown. By virtue of this grant, the 
 London company fitted out several ships with arti- 
 ficers of every kind, and all things requisite for a 
 new settlement ; which sailed for America, and planted 
 a colony there; but in the year 1623, there were so 
 many complaints made of bad management, that- on 1623. 
 enquiry a Quo warranto was issued against the patent ; 
 
 and 
 
 y. L. C. J. of England. 
 
 B 
 
18 
 
 The history 
 
 A. D. and after a trial had in the kiny-'s bench, it was 
 1623 
 
 declared forfeited ; z- since which time Virginia has been 
 under the immediate direction of the crown. 
 
 In the same year the patent was granted, the Ply- 
 mouth company also attempted to make a settlement ; 
 but with no great success, until about the year 1620, 
 when they sent a fresh recruit from England, under 
 the command of capt. Standish, who arrived at Cape 
 Cod in the latitude of 42 degrees, and having turned 
 the cape, found a commodious harbour opposite the 
 point, at the mouth of the bay, at the entry of which 
 were two islands well stocked with wood : Here they 
 
 Plymouth. built a town, which they called Plymouth. About 
 this time the colonies in New-England were much 
 augmented ; multitudes of dissenters thinking this a 
 good oportunity of enjoying liberty of conscience, 
 offered their service to the Plymouth company ; and 
 the grand patent being delivered up to the king, 
 other pat- jjarticular patents were granted to the Lord Musgrave, 
 
 ents grant- ^^^^ duke of Richmond, the earl of Carlisle, the lord 
 Edward Georges, and new colonies were planted in 
 diverse places.; 
 
 CHAP. 
 
 z. Other accounts say, the patent was dissolved by the king's 
 proclamation, in 1()24; and that tlio' a quo warranto was issued 
 against it, no determination followed in the courts of justice. 
 
Of NEW-JEESEY. 
 
 CHAP. II. 
 
 An aceount of the country on Delaware, and the North river, . 
 while the first was in possession of the jDuteh and Swedes. 
 
 FROM what has been said, it is evident that the 
 colonies New- York, New-Jersey, Pennsylvania, A. D 
 and Maryland, were included in the great patent, last 
 mentioned ; but that becoming void, the crown was at 
 liberty to regrant the same to others ; but it does not 
 appear that any part of those provinces was settled by 
 virtue thereof; nor indeed was any distinct discovery 
 of them made, until many years afterwards. New- 
 Jersey, Pennsylvania, and other lands adjacent, not- 
 withstanding the antient right of the crown of 
 England, deduced as aforesaid, had two pretenders 
 to them ; the Dutch and the Swedes : The claim 
 the former set up, was under colour of a discovery Dutch 
 made in the year 1609, by Henry Hudson, an English- ^ 
 man, commander of a ship called the Half-Moon, 
 fitted out from Holland by the East-India company, 
 to discover by a north-west passage, a nearer way to 
 China: In this voyage he sailed up to the place now 
 New- York, and up the river, from him called Hud- 
 son's river; and returning sometime after to Amster- 
 dam, the Dutch pretended to have purchased the chart 
 he made of the American coast ; and having obtained 
 a patent from the states, in the year 1614, to trade to 
 New-England, they settled in New- York, which 
 they called New-Netherland ; and kept possession until 
 sir Samuel Argole, governor of Virginia, disputed 
 their title ; alledging that the country having been 
 discovered by an Englishman, in right of his master, 
 he could not suffer it to be alienated from the crown, 
 without the king's consent : he therefore compelled 
 the Dutch colony to submit to him, and to hold it 
 
 under 
 
The history 
 
 under the English : Bat sometime after a new governor 
 coming from Amsterdam, they not only neglected to 
 pay their usual acknowledgement to the governor of 
 Virginia, but in the year 1623, fortified their colOny, 
 by building several forts: One on the Delaware, {by 
 them called South River) near Gloucester, in Kew- 
 Jersey, which they named Nassau ; a second on Hud- 
 son's, (the North River) in the province of New- 
 York, which they named Fort Orange; and a third 
 on ^Connecticut river, (by them called the Fresh-River) 
 which they named the Hirsse of Good Hope. Hudson's 
 River lying near the sea, and the navigation esteemed 
 less difficult than the other, their settlements were chiefly 
 on both sides of that river ; at the entrance of which, 
 the town by them also called New Amsterdam, 
 was built ; so that by the time the Swedes came into 
 America, '^vhich was a few years after, they had wholly 
 quitted the land adjacent to the river Delaware. 
 
 The proceedings of the Dutch in building the forts, 
 and in a manner taking possession of the country, 
 having been represented to king Charles the first, his 
 ambassadors at the Hague made such pressing instances 
 to the states, that they disowned having given any 
 eonmiission for what the Dutch had done, and laid the 
 blame on their East-India company. Upon this king 
 Charles gave a commission to sir George Calvert, lately 
 made lord Baltimore ; «• to possess and plant that part of 
 
 America, 
 
 a. About tlie year 1620, while George Calvert, afterwards lord 
 'Baltimore, W!is secretary of state to James 1st ; he obtained a pat- 
 'ent for him and his heirs, to be absolute lord and proprietor (wj-th 
 'the royalties of a count Palatine) of the province of Avalon, in 
 'Newfoundland, which was so named by him, from Avalon, in 
 'Somersetsiiire; wherein Glastonbury stands the first fruits of christi- 
 'anity in Britain ; as the other was in that part of America, there 
 'he built a fine house, in Ferryland, and spent £. 25,000 in 
 'advancing this new plantation: after the death of king James, he 
 ' went twice in person to Newfoundland : — finding his plantation 
 * very much exposed to the insults of the French, he was at last 
 
 forced 
 
Of NEW-JERSEY. 
 
 America, now called Maryland ; and to sir Edmond A. D. 
 
 • 1623. 
 Loeyden, or Ployden, to plant the northern parts, 
 
 towards New-England. The Dutch afraid of the power 
 of the English, were willing to compound matters a 
 second time ; offering to leave their plantations, in 
 consideration of £. 2500 to be paid them for the 
 charges they had been at : But soon after, king Cha'rles 
 being involved in his troubles, was hindered from sup- 
 porting his colonies ; they therefore not only fell from 
 their first proposals, but as was reported, furnished 
 the natives with arms, and taught them the use of them, 
 that by their assistance they might dispossess the English 
 all around them. 
 
 Matters thus circumstanced, we shall leave them, 
 in order to trace their neighbours, the Swedes into Swedes. 
 America; the first settlement of whom, according 
 to their own account, was thus occasioned^- In the 
 reign of Gustaphus Adolphus, and in the year 16 26, 1626. 
 an eminent merchant named William Useling, gave 
 a great character of this country, applauding it for 
 fruitful fertile land, abounding with all necessaries of 
 life; and used many "arguments to persuade the Swedes 
 to settle a colony here: These were so prevalent, that 
 Gustavus issued a proclamation at Stockholm, exhort- 
 ing his subjects to contribute to a company associated 
 to the purpose aforesaid, which was called the West- 
 India company, confirmed by that prince : In a general 
 assembly the year following, sums of money were 
 raised to carry on the intended settlement, to which 
 the king, the lords of the council, the chief of his 
 
 barons, 
 
 'forced to abandon it: -^^hereupon he went over to Virginia, and 
 'after having viewed those parts, came to England, and obtained 
 'from king Charles, who had as great a regard and affection for him 
 'as king James) a patent to him and his heirs, for Maryland : — that 
 'king naming it in honour of his beloved queen Henrietta Maria. 
 £iogr. Bn'tania, Art. Geo. Calvert. 
 
 b. Hist, of Swedeland in America, by Thomas Companius Holm, 
 .printed at Stockholm anno 1702. 
 
22 
 
 The history 
 
 ^^623*' ^^^oiis, knights, coronets, principal officers in his 
 militia, bishops, clergy, and diverse of the common 
 people of Swedeland, Finnland and Liffland, contri- 
 ' buted; and responsible persons were chosen to see 
 what was proposed put in execution, consisting of au 
 admiral, a vice-admiral, merchants, factors, commis- 
 saries, &c. and it was concluded to get as many a;S they 
 thought fit, of those who would voluntarily ship them- 
 selves to America, to settle and cultivate a colony. 
 1627. In 1627, the Swedes and Finns accordingly came 
 
 over hither : Their first landing was at Cape Inlopen ; 
 the sight created a pleasure, and they named it Paradise 
 Point : Some time after they purchased of some Indians 
 (but whether of such as had the proper right to convey 
 is not said) the land from Cape Inlopen to the Falls 
 of Delaware, on both sides the river, which they called 
 New-Swedeland Stream; and made presents to the 
 Indian chiefs, to obtain peaceable possession of the 
 land so purchased : But the Dutch continuing their 
 1630. pretensions, in 1630 one David Pietersz de vries, their 
 countryman, built a fort within the capes of Delaware, 
 on the west, about two leagues from Cape Cornelius, 
 at the place now Lewis-Town, then and at present 
 often called by the name of Hoarkill. 
 1631 In 1631, the Swedes also built a fort on the west 
 
 of Delaware, to which they gave the name the ruins of 
 
 Christeen. it yet bears, Christeen. c- Here a small town was laid 
 out by Peter Lindstrom, their engineer, and here they 
 first settled ; but this settlement was afterwards demo- 
 lished by the Dutch. 
 
 On an island called Tennecum, sixteen miles above 
 
 Tennecum. this town, the Swedes erected another fort, which they 
 named New Gottemburgh; and John Printz, their 
 governor, built a fine house, and other suitable accom- 
 modations ; 
 
 c. Near Wilmington, it gives name to a noted creek there. 
 
Of new-jersey. 
 
 23 
 
 modations ; planted an orchard, and called his settle- A. D. 
 ment Printz's Hall : The principal freemen had also 
 their plantations on this island. 
 
 About this time the Swedes also built forts at . 
 Chester, and other places. In the same year Chancellor 
 Oxestiern, embassador from Sweden, made application 
 to king Charles the first, to have the right the English 
 claimed by their being the first discoverers yielded up : 
 it was, (as they say,) the proof an uncertainty given up 
 accordingly : They also said they had purcliased the 
 pretence the Dutch claira'd by virtue of the prior 
 settlement, and buildings here; most of which were 
 destroy'd before their arrival. 
 
 If this be true, the Dutch it seems did not think 
 proper long to abide by their contract; but gave the 
 Swedes disturbances, by encroaching on their new 
 settlement; and both of them join'd to dispossess the 
 English, who also attempted to settle the eastern side 
 of Delaware : one Kieft, a director under the states of 
 Holland, assisted by the Swedes, drove the English 
 away, and hired the Swedes to keep them out : The 
 Dutch complained, that the Swedish governor judging 
 this a fair opportunity, built fort Elsinburgh on the Elsing- 
 place from whence the English had been driven, and ^'^^S^* 
 from thence used great freedom with their vessels, and 
 all others bound up the river, making them strike to 
 the fort ; from which they also sent men on board to 
 know whence the vessels came : This the Dutch deem'd 
 exercising an authority in a country not their own. d. 
 Biit the Musketoes were so numerous, the Swedes were 
 
 unable 
 
 d. The account here is from a manuscript copy, said to be printed in 
 Holland, anno 1662, thi orif^inal in ihe late sir Hans Sloane's collec- 
 tion, entitled, A brief account of New Netlierland. — In 1683 ihe Dutch 
 had a meeting-place for religious worship at New-Castle; and the 
 Swedes three, one at Christeen, one at Tenecum. and one at Wicoco. 
 
 4 
 
/ 
 
 24 The HISTORY 
 
 A. D. unable to live here, and therefore removing, named 
 the place Musketoeburgli. 
 
 The Dutch seem to have had a very great opinion 
 of the land near the Delaware, and were under great 
 apprehensions of being dispossessed by the English, 
 who they complained had diverse times attempted to 
 settle about that river and judged if they once got foot- 
 ing, they Avould soon secure every part, so that neither 
 Hollander nor Swede would have any thing to say 
 Ploeyden. here ; in particular they mention sir Edmond Ploeyden, 
 as claiming property in the country, under a grant 
 from king James the first, who they alledge declined 
 any dispute with them, but threatened to give the 
 Swedes a visit, in order to dispossess them. e. 
 
 John 
 
 e. In 1648, a pamphlet was published, entitled, 'A description of 
 'the provlti.ce of New Albion, and a direction for adventurers with 
 'small stock to get two for one, and good, land freely ; and for gentlemen 
 'and all servants, labourers and, artificers, to live plentifidly ; and a 
 'former description reprinted, of the healthiest, pleasantest and richest 
 'plantation of New Albion in North Virginia, proved by thirteen 
 'witnesses; together with a letter' from master Robert Evelin, that 
 ' lived there many years, shewing the puriicidarities and excellency 
 * ' thereof ; with a brief of the charge of victualling and necessaries, to 
 
 ' transport and buy stock for each planter or labourer there, to get his 
 'master £. 50 per annum, or more, in twelve trades, and at £. 10, 
 ' charges only a man.' 
 
 From a few extracts of tliis pamphlet, the reader will see an 
 account of the country in some respects more descriptive than is 
 commonly to be found of that date; he will however, allow for a 
 little more being said than was necessary in some places. 
 
 'Now for the full and ample satisfaction of the reader, of his 
 'majesty's just title, and power to gront, enjoy, and possess these 
 'countries, as well against aliens as Indians, which this forty years 
 'hath not been by print declared, you may read at large master 
 'Hacluit's voyages and discoveries, master Purchas and captain 
 'Smiths: for when the .Spaniard and Portugall discover'd and pos- 
 'sest 140 years since the East Indies, Brasill, the south part of Arae- 
 'rica, the Charibees and Antell isles, and seated Saint John de Porto 
 ' Eico, Hispaniola, Jamaica and Cuba, and the fort and port of 
 'Havannah, against the gulf and current, Batuana isles, and point 
 'of Florida; then that most powerful! and richest king of Europe, 
 'king Henry the seventh of England, sent out an Englishman born 
 
 at 
 
 * 
 
Of X E W - J E R S E Y . 
 
 25 
 
 John Printz continued governor of the Swedes A. D. 
 from his arrival until about the year 1664, wlien he 
 
 returned 
 
 *at Bristol, called Cabot, granted under his greate seale to him all 
 'places and countrys by him to be discover'd and possest, who then 
 'beginning at Cape Florida discover'd, entered on, took possession, 
 'set np crosses, and procured atturnment and acknowledgement of 
 'the Indian kings to his then majesty, as bend, lord and emperour 
 'of the south west America, all along that coast both in Florida 
 'from 20 degrees to 35, where old Virginia in 35 and 30 minutes, 
 ' 65 years since was seated by 5 several colonies about Croatan cape, 
 ' Haloraske, and Rawley's isle, by sir Waiter Eawley, Avbo had 
 'from queen Elizabeth that place, and two hundred leagues from it 
 ' in all places adjoyning ; sir Richard Greentield, sir Ralph Lane, 
 'and master White his partners seating and fortifying there; the 
 'said Cabot farther taking possession in 37, of that part called 
 ' Virginia and Chisapeack Bay being now bis majesty's demesne 
 ' colony of Virginia, and of the next great bay in or near 39, 
 'called now by the Dutch Cape Henlopen, the south river, and by 
 'us (,'ape James and Delaware Bay, of the baron of Delawares 
 'name, being then governor of Virginia, who by sir Thomas Dale, 
 'and sir Samuel Argoll, 40 years since took possession and atturn- 
 ' ment of the Indian kings, and 60 years since sir W^alter Rawley 
 'sealed and left 30 men, and four pieces of ordinance, and the 
 'creek near Cape James, by the Dutch called Ildrekill, by us 
 'Royraount, and by the Indians Cui Achomoca; and so the next 
 'river by us called Hudson's river, of the name of Hudson an 
 'Englishman, the discoverer thirty five year since, who sold his 
 'discovery, plots and cards to the Dutch ; and so Cabot discovered 
 'severall rivers nnd countries all along the coast North East, now 
 'calle<l New-England, and divided in nine severall governments, 
 'and further discovered Port-Royall, and that part called New- 
 ' Scotland, and set up crosses, wfiere you may see in the French 
 'book called New- France, the French found an old crosse all moss, 
 'in an eminent place at the head of that bay and port, and dis- 
 ' covered all that coast and Newfoimdland, and that called Terra 
 *de Laborador, or New-Britain, as far as the frozen strait of- Davis; 
 'shortly after one master Hore in the reign of king Henry the 8th, 
 'reneued this actuall possession, atturnment of the Indian kings, 
 'brought home divers of the chief Indian kings to England, who 
 'gave their homage and oath of fidelity for these countries to king 
 ' Henry the eight in person, setting on his throne in state in his 
 'palace hall at Westminster. Then Virginia being granted, settled, 
 'and all that part now called Maryland, New-Albion and New- 
 'Scotland, being part of Virginia, sir Thomas Dale and sir Samuel 
 'Argoll, captains and counsellors of Virginia, hearing of divers 
 'aliens and intruders, and traders without license, with a vessell 
 'and forty soldier's, landed at a place called Mount Desert, in 
 ' Nova Scotia, near St, John's River, or Twede, possest by the 
 
 ' French, 
 
26 
 
 The HISTOKY 
 
 A. D. returned to Sweden, having first deputed his son-in- 
 Papegoia. ^SiW, John Papegoia, governor in his stead, who also 
 
 some 
 
 'French, there killed some French, took away their guns, and dis- 
 ' mantled the fort, and in their return landed at Manhatas-Iwle in 
 'Hudson's river, where they found four houses built, and a pre- 
 ' tended Dutch governor, under the West-India company of Anister- 
 *dam share or part; who kept trading boats, and trucking- with the 
 'Indians; but the said knights told him, their commission was to 
 'expell him and all aliens, intruders on liis majesty's dominions 
 'and territoi'ies ; this being part of Virginia, and lliis river an 
 'English discovery of Hudson an Englisliman, the Dntcliman con- 
 ' tented them for their charge and voiage. and by his letter sent to 
 'Virginia and recorded, submitted himself, conjpany and pbintalion 
 'to his majesty, and to the governor and government of Virginia ; 
 'but the next pretended Dutch governor in maps of printed cards 
 'calling this part New-JVetherland, failing in paying of custonies 
 ' at his return to Plymouth in England, was there witii his bever, 
 'goods and person attached to his damage of £. 1500, whereupon 
 'at the suit of the governor and counciil of Virginia, his now ma- 
 'jesty by his embassadour in Holland, complaining of the said aliens 
 'intrusion, on such his territories and dominions, the said lords, the 
 'slates of Holland by their publique instrument declared, ihat they 
 'did not avow, nor would protect them, being a private party of 
 'the Amsterdam West-India company, but left iJieni to bis majesty'.s 
 'will and mercy : whereupon three severall orders from the counciil 
 'table, and commissions have been granted for the expelling and 
 'removing them thence, of wJiich they taking notice, and knowing 
 ' their weakness and want of victuals have oifered to sell the same 
 'for £. 2500, and lastly taking advantage of our present, war and 
 'distractions, now ask £. 7000, and have lately offered many 
 ' affronts and damages to his majesties subjects in New-P>ngland : 
 'and in generall endanger all his majesty's adjoyning countries most 
 'wickedly, feloniously, and traiteroiisly, contrary to the marine and 
 'admiral laws of all christians, sell by wholesale guns, powder, 
 'shot and ammunition to the Indians, instructing them in the use of 
 'our fights and arms; insomuch as 2000 Indians by them armed, 
 ' Mohawks, Raritons, and some of Long-Isle with their own guns so 
 'sold them, fall into war with the Dutch, destroyed all their scatter- 
 'ing farms and boors, inforcing them all to retire to their up fort, 40 
 'leagues up that river and to Manhatas, for all or most retreating to 
 'Manhatas, it is now a pretty town of trade, having more English 
 'than Dutch : and it is very considerable that three years since Stuy 
 'their governor put out his declaration, confessing that the neigh- 
 ' hour English might well be offended with their selling Indians 
 'arms and ammunition, but being but a few and so scattered, ihey 
 'could not live else there, or trade, the Indians refusing to trade or 
 'suffer the Dutch to plow without they would sell them guns. The 
 'like folly they committed and inconvenience to themselves, and 
 
 'all 
 
O F X E ^y - J E R S E Y . 
 
 27 
 
 sometime after returned to his native country, and left A. D. 
 
 all English, for eight years since, in their West-India fleet, 
 battered by the Spanish Arniado, they brought home I'orty Swedish 
 poor soUliers ; and hearing lhat capt. Young and master Javelin, 
 had given over their fort bi gun at Eriwonieck within Delaware 
 Bay, ihnre half starved and totter'd they left theiji, who learning 
 the Indian language, and finding much talk and trials of a gold 
 mine there, thougli in truth iifty shillings charges produced of 
 that light siind but nine shillings in gold, and therefore was of 
 capt. Young that tried it slighted ; yet one Bagot under the .Swedes 
 name atid coiuniission, tiiere traded to crosse the Dutch of Man- 
 hatHS, and to undersell them, and left and seated there, eighteen 
 Swedes, who proclaiming a gold mine drew more to them, and 
 have gotten a great trade; and now this last summer fifteen Swedes 
 and fifteen Dutch had a skirmish; the Swedes pulled down a 
 Dutch trading house, and doe both undersell them and spoiled 
 much their and English trading with the Indians, both striving to 
 l)lease and side with the Indians, both entertaining and refusing 
 to return all English fugitives and servants. The Swedes hiring 
 out three of their soldiers to the Sasquehannocks, have taught 
 them the use of our arms and fights, and marching with them 
 ittto the king's own colony of Virginia, have carried thence the 
 king of Pawiomeck prisoner, and expeli'd his and eight other 
 Indian nations in Maryland, civiliz'd and subject to the English 
 crown. Now if a proclamation of open war be set out against 
 the Dutch and Swedes for this their villainy, and all English lorbid 
 to trade, victuall or relieve them, they must both vanish, especially 
 if those bad English that live, adhere and obey these aliens in 
 these his majesty's countries, be warned of the statute of king 
 James of fiinous memory, in tliese words: That all subjects giving 
 any obedience or achiuwledgment to any forain prince, state, pope, 
 or potentate, within his majesiies territories and dominions in England, 
 or beyond the sea, is a traitor^ and ovgiit to suffer as a traitour. 
 And certainly all English, and chiefly tliose of New-England 
 being rea<ly in twenty four hours will j'oyn to expel them both 
 to r. gain their own trade, to get their seats, and to be rid of the 
 danger of armed gunning Indians. 
 
 ' Whereas lhat part of America, or North Virginia, lying about 
 39 degrees on Delaware Bay called the province of New Albion, 
 is scituate in the best and same temper, as Italj', between toa 
 cold (iermany, and too hot Barbary : so this lying just midway 
 betweene New England 200 miles north, and Virginia 150 miles, 
 south, where now are settled 8000 English, and 140 ships in 
 trade, is freed from the extream cold and barrennesse of the one, 
 and heat and aguish marshes ol the other, and is like Lumbardy, 
 and a rich fat soil, plain, and having 34 rivers on the main land,^ 
 17 great isles, and pdrtaketh of the healthiest aire and most 
 
 He renewed the 
 league 
 
 1654. 
 
 Rysing, 
 
 ' excellent 
 
The history 
 
 league of friendship with the English and Dutch in 
 the neighbourhood, and formally with the Indians; 
 
 for 
 
 ' excellent commodities of Europe, and replenished with tlie good- 
 'lie«t woods of oaks and all timber for whips and masts, mulberries, 
 'sweet cypresse, cedars, pines and firres, 4 sorts of grapes for 
 'wine, and raisins, and with the greatest variety of choice fruits, 
 'fish and fowl, stored with all sorts of corn, yeelding 5, 7 and 10 
 'quarters an acre: silkgras, salt, good mines & diers ware, 5 sorts 
 'of deer, buff'es, and huge elks to {)low and work, all bringing 3 
 'young at once. The uplands covered many monelhs with berries, 
 'roots, chestnuts, walnuts, beech and oak mast to feed them, hogges 
 ^and turkeys, 500 in a flock, and having near the colony of Man- 
 'teses 400000 acres of plain mead land, and meer levell, to be 
 'flowed and fludded by that river for corn, rice, rapes, flax and 
 'hemp. After 17 years trading and discovery there and Iriall made, 
 'is begun to be planted and stored by the governor and company 
 'of New Albion, consisting of fort}' four lords, baronets knights 
 'and merchants, who for the true informing of themselves, their 
 'friends, adventurers and pnrtners by re>i(lents and traders there 
 'four severall years out of their journall books, namely, captaine 
 'Browne, a ship-master, and master Stafford his mate, and by cap- 
 'taine (Jlaybourn 14 years there trading, and Constantine his indian 
 'there born and bred, and by master Robert Evylin, 4 years there, 
 'yet by eight of their hands subscribed and enrolled doe testifie this 
 'to be the true state of the country, of the land and Delaware Bay 
 'or Charles River, which is further witnessed by captain Smith and 
 'other Books of Virginia and by New Englands prospect, new 
 'Canaan, captain Powels map, and other descriptions of New 
 ' England and Virginia.' 
 
 Master Evelin's Letter. 
 
 Good Madam : 
 
 'Sir Edmund our noble governour and lord earl Palatine, persist- 
 'ing still in his noble purpose to go on with his plantation in Dela- 
 'ware or Charles river, just midway between }.\ew England and 
 'Virginia, where with my unckle Young I severall years resided, 
 'hath often informed himselfe both of me and master Stratton, as I 
 'perceive by the hands subscribed of Edward Monmouth, Tenis 
 'Palee, and as master Buckham, master White, and other ship- 
 ' masters, and saylors, whose hands I know, and it to be true, that 
 'there lived and traded with me, and is sufficiently instructed of the 
 'state of the country, and people there, and 1 should very gladly 
 'according to his desire, have waited on you into Hamshire to have 
 'informed your honour in person, had I not next weeke been 
 'passing to Virginia. But neverthelesse to satisfie you of the 
 'truth, I thought good to write unto you my knowledge, and first 
 ' to describe you from the north side of Delaware unto Hudsons 
 'river in sir Edmunds patent, called New Albion, which lieth just 
 ' between New England and Maryland, and that ocean sea, I take 
 
 'it 
 
Op NEW-JEESEY. 
 
 for this purpose a meeting was held with the Sachems 
 or Indian chiefs, at .Printz's Hall, on Tenecum island 
 
 where 
 
 'it to be about 160 miles, I finde some broken land, isles and in- 
 *lets, and many small isles at Egbay: But going to Delaware Bay, 
 'by Cape May, which is 24. miles at most, and is as I understand 
 'very well set out, and printed in captain Powels map of New- 
 ' England, done as is told mee by a draught I gave to M Daniel, 
 'the plot-maker, which sir Edmund saith you have at home, on I hat 
 'north side about five miles within a Port, or rode for any ship* 
 'called the Nook, and within lietli the king of Kecheraeches, liav- 
 'ing as I suppose about 50 men, and 12 leagues higher a, little above 
 'the Bay and Bar is the river of Manteses, which hath 20 aiiles on 
 'Charles river, and 30 miles running up a fair navigable deep river 
 'all a flat levell of rich and fat black marsh mould, which I think 
 'to be 300000 acres: In this sir Edmund iutendetli as he saith to 
 'settle, and there the king of Manteses hath about 100 bow-nien; 
 'next above about 6 leagues higher is a fair deep river, 12 miles 
 'navigable, where is freestone, and there over against is tlie king of 
 'Sikonesses, and next is Asoraoches river and king with an hundred 
 'men, and next is Eriwoneck a king of forty men where we sate 
 'down, and five miles above is the king of Ramcock with a hun- 
 'dred men, and four miles higher the King of Axion with two 
 'hundred men, and next to liim lenne leagues over land an inland 
 'king of Caleefar, with an hundred and flfty men, and then there 
 'is in the middle of Charles river two fair woody isles, very plea- 
 'santand fit for parks, the one of a thousand acres, the other of 
 ' fourteen hundred, or thereabout. And, six leagues higher near a 
 'creek called Mosilian, the king having two hundred men. And 
 'then we come to the Fals, made by a rock of lime-sione, as 
 'I suppose it is, about sixty and five leagues from the sea, near to 
 ' which is an isle fit for a city, all materials there to build ; and above 
 'the river fair and navigable, as the Indians inform me, for I went 
 ' but ten miles higher. I doe accoimt all the Indians to be eight 
 ' hundred, and are in several factions and war against the Sasquelian- 
 ' nocks, and are all extream fearfull of a gun, naked and iinarined 
 •against our shot, swords, and pikes. I had some bickering with 
 ' souje of them, and they are of so little esteem, as I. durst with 
 'fifteen men sit dow^n, or trade in despight of theui, and since my 
 'return eighteene Sweeds are settled tliere, and so sometime sixe 
 ' Dutch doe in a boat trade without fear of them. 
 
 'I saw there an infinite quantity of bustards, swans, geese, and 
 'fowl, covering the siioares as within the like multitude of pigeons, 
 'and store of turkies, of which I tried one to weigh forty and sixe 
 'pounds. There is much variety and plenty of delicate fresh and 
 'sea-fish, and shell-fish, and whales, or grampus: elks, deere that 
 'bring three young at a time & the woods bestrewed many moneths 
 'with chestnuts, wall-iuus, and mast of severall sorts to feed them, 
 * and hogs, that would increase exceedingly. There the barren 
 
 'grounds 
 
so 
 
 The history 
 
 A. D. 
 
 1654. 
 
 where a sjjeech was made to them in Behalf of the 
 queen of Sweden, expressing the desires the Swedes 
 
 had 
 
 grounds have four kindes of grapes and many muDjerries with ash, 
 elms, and the tallest and greatest pines and pitch trees, that I 
 have seen. There are cedars, eypresse and sassafras, with wilde 
 fruits, pears, wilde cherries, pine-apples, and llie dainty parse- 
 nienas. And there is no question but almonds, atid other fruits 
 of Spain will prosper, as in Virginia. And (which is a good 
 comfort) in four and twenty houres you may send or goe by sea 
 to New England or Virginia, witli a fair winde, you may have 
 cattle, and from the Indians two thousand barrels of corn, at 
 twelve pence a bushel in truck, so as victuals are thei'e cheaper and 
 better, than to be transported : Neither do 1 conceive any great 
 need of a fort or charge, where there is no enemy. 
 
 'If ray lord Palatine, will bring with him three hundred men or 
 more, there is no doul)t but tliat he may doe very well and grow 
 rich, for it is a most pure healthfull air, and such pure wiiolesome 
 springs, rivers and waters, as are delightfnll, of a desert, as can 
 be seen, with so many varieties of severall flowers, trees and for- 
 rests for swine. 80 many fair risings and prospects, all green and 
 verdant: and Maryland a good friend and neighbour, in four and 
 twenty houres ready to comfort and supply. 
 
 ' And truly I beleeve, my lord of Baltimore will be glad of my lord 
 Palatines plantation and assistance against any enemy or bad neigh- 
 bour. And if my lord Palatine eni])l()y some men to sow flaxe, 
 hemp and rapes in those rich marishes, or build ships and make 
 pipe staves, and lf)a(l some ships with these wares, or hsh I'rom the 
 northward, he may have any money, ware, or compatiy brought 
 him by his own ships, or the ships of Virginia or New England, 
 all the year. 
 
 'And because your h(mour is of the noble house of the Pawlets, 
 and as I am informed, desire to 'lead many of your friends and 
 kindred tliither, whom as I honour, I desire to serve, I shall 
 ititreat you to beleeve mee as a gentleman and christian, J write 
 you nothing but the truth, and hope there to take op|)ortunity in 
 due season to visit you, and doe all the good offices in Virginia, 
 my place or friends can serve you in. And thus tendering my 
 service, I rest. Madam, 
 
 Your honours most humble faithful] servant. 
 
 KOBERT EVKI.IK. 
 
 ' Now since master Elmes letter and seven years discoveries of 
 the lord governor in person, and by honest traders with the Indians 
 we finde beside the Indian kings by him known and primed, in 
 this province there is in all twenty three Indian kings or chief 
 commanders, and besides the number of 800 by him named, 
 there is at least 1200 under the two Raritan kings on the north 
 side next to Hudsons river, and those come down to the ocean 
 
 ' about 
 
Of KEW-JERSEY. 
 
 31 
 
 had to renew their friendship: The Indians had before A. D. 
 made complaint, that the Swedes had introduced much 
 
 evil . 
 
 'about little Egbay and Sandy Barnegate, and about the South 
 *cape two small kings of forty men a piece, called Tirans and 
 ' Tiascons, and a third reduced to fourteen men at Roymont, the 
 ' Sa^queliannocks are not now of the naturals left above 110, tho' 
 'witli their forced auxiliaries the Ilion a Does, and Wicotneses tliey 
 'can make 250: these together are counted valiant and terrible to 
 'otlier cowardly dul Indians, which they beat with the sight of 
 'guns only. 
 
 'The eight seat is Kildorpy, neer the fals of Charles river, neer 
 '200 miles up from the ocean, it hath clear fields to plant and sow 
 'and neer it is sweet large meads of clover or honysuckle, no where 
 'else in America to be seen, unlesse transported from Europe, a 
 'ship of 140 tuns may come up to these fals which is the best seat 
 'for health, and a trading house to be built on the rooks, and ten 
 'lengues higher are lead mines in stony hills. 
 
 'The ninth is called mount Ployden, the seat of the Rariton 
 'king on the north side of this province twenty miles from Sandhay 
 'sea, and ninety from the ocean, next to Amara hill, the retired 
 'paradise of the children of the Ethiopian emperour, a wonder, 
 'for it is a square rock, two miles cotnf)asse, 150 foot high, a wall- 
 'like {)reripice, a strait entrance, easily made invincible, where he 
 'keeps two hundred for his guard, and under it is a flat valley, all 
 ' plain to plant and sow. 
 
 'The Sasquehannocks new town is also a rare, healthy and rich 
 'place, with it a crystal broad river, but some fals below hinder 
 'navigation, and the hooke hill on the ocean with its clear fields 
 'neer Hudsons river on one side, and a ten leagues flowing river on 
 'the south side is much commended tor health and fish, were itiiot 
 'so northerly. 
 
 'The bounds is a thousand miles compass, of this most temperate 
 'ri' h province, for our south bound is Maryland north bounds, and 
 ' bt'ginneth at Aquats or the southermost or first cape of Delaware 
 'Bay, ill thirty eight and forty minutes, and so runneth by, or 
 ' through, or including Kent Isle, through Chisapeask Bay to Pis- 
 'citaway; including the fals of Pawtomecke river to the head or 
 'northernmost branch of that river, being three hundred miles 
 'due west, and thence northward to the head of Hudson's river 
 'fifty leagues, and so down Hudson's river to the ocean sixty 
 'leagues; and thence to the ocean and isle^ acrosse Delaware Bay, 
 ' to thtf South cape fifty leagues ; in all seven hundred and eighty 
 'miles. Then all Hudson's river, isles, Long Isle, or Paraimke, 
 'and all isles within ten leagues of the said province being.; and 
 'note, Long isle alone is twenty broad, and one hundred and eighty 
 'miles long, so that alone is four hundred miles compasse. Now 
 'I liave examined all former patents, some being surrenderd, and 
 'some adjudg'd void, as gotten on false suggestions, as that at the 
 
 ' councell 
 
32 
 
 The history 
 
 A._D. evil amongst them; because many of the Indians since 
 their coming were dead; but the Swedes now making 
 thera considerable presents, these received and divided 
 amongst them, one of their cliiefs, w^iose name was 
 Noaman, made a speech rebuking tlie rest for having 
 spoken evil of the Swedes, and done them harm ; 
 telling them they should do so no' more, that the 
 Swedes were a good people, and thanking them for 
 the presents, promised for the future, that a more 
 strict friendship should be observed betwixt thera : 
 That as formerly they had been but one body and one 
 heart, they should be henceforward, as one head, as 
 
 a 
 
 'coiincell table was at master Gonges suit, of Mantachnsets, and 
 'as capt. Clayborn, heretofore secretary and now treasurer of 
 'Virginia, in dispute with master Leonard Calvert allecigeth ; that 
 'of Maryland is likewise void in part as gotten on false suggestions j 
 'for as ca})t. Clayborn, sheweth the Maryland patent in the first 
 'part declareth the king's intention to be to grant a land thereafter 
 'described, altogether dishabited and unplanted, though possest 
 ' with Indians. Now Kent isle was witli many housholds of 
 'English by C. Clayborn before seated, and because bis majesty 
 ' by liis privy signet shortly after declared it was not his intention 
 'to grant any lands before seated and habited : and for that it lieth 
 'by the Maryland printed card, clean north-ward within Albiojj, 
 'arid not in Maryland, and not onely late sea-men, but old deposi- 
 'tions in Claybornes hand, shew it to be out of Maryland, and 
 'for that Albions privy signet is elder, and before Maryland 
 'patent, Clayborn by force entered, and thrust out master Calvert 
 'out of Kent; next Maryland patent coming to the ocean, saith 
 'along by the ocean upon Delaware Bay; that is the first cape of 
 ' the two most plain in view, and exprest in all late English and 
 ' Dutch cards ; and note unto Delaware Bay is not into the Bay, nor 
 'farther then that cape heading the Bay, being in thirty eigiit and 
 'forty, or at most by seven observations I have seen, thirty eight 
 'and fifty minutes: So as undoubtedly, that is the true intended 
 ' and ground bound, and line, and no farther, for the words follow- 
 'ing are not words of grant, but words of declaration; that is, 
 'Which Delaware Bay lieth in forty degrees where New-England 
 'ends-; tliese are both untrue, and so being declarative is a false 
 'suggestion; is void, for no part of Delaware Bay lieth in forty. 
 'Now if there were but the least doubt of this true bounds, I should 
 ' wish by consent or commission, a perambulation and boundary, not 
 'but there is land enough for all, and I hold Keni isle having 
 ' lately but twenty men in it, and the mill and fort pulled down, and 
 ' in war with all the Indians neer it, not worth the keeping. 
 
Of new 
 
 -JERSEY 
 
 33 
 
 a token of which he waived both his hands as if tying A. D. 
 a strong knot, promising also that if they heard of 
 any mischief plotting against the Swedes, although it 
 were midnight, they would give them notice, and 
 desired the like notice from the Swedes, if they under- 
 stood harm was intended them; the Swedes then 
 desiring the Ind.ians in general would give them some 
 signal that they all assented to what was said ; they 
 gave a general shout of approbation, and in the con- 
 clusion were entertained by the Swedes with victuals 
 and drink; it was observed the Indians kept this 
 league faithfully : The Swedish ships sent to succour 
 this new colony, being obstructed in their intended 
 voyage, by the Spaniards ; and the Swedes unable 
 for want of money to keep their forts in repair ; gave 
 their more powerful neighbours the Dutch, opportunity 
 with less danger to make encroachments upon them. 
 Accordingly, in this year, the Dutch who inhabited 
 near Virginia and New-Sweden, gave the Swedes 
 disturbance, seeking to regain the forts they had for- 
 merly possessed : But this by means of the Swede 
 governor, with Peter Stuyvesant, who commanded 
 under the Dutch, at New-Amsterdam, was in appear- 
 ance settled ; yet in the year following, the Dutch 
 fitted out seven vessels from New-Amsterdam, with I655. 
 six or seven hundred men ; who in the summer, under 
 the command of Stuyvesant, came up Delaware, 
 and took their first quarters at Elsingburgh, where Stuyve- 
 they made some Swedes prisoners : Next they sailed petition' 
 towards a fort called Holy Trinity; having landed 
 their men at a point near the place, and intrenched 
 themselves, they soon after went up to the fort, and 
 demanded a surrender, threatning what they would 
 do in case of refusal : After which, by treaty or other- 
 wise, they gained possession, took down the Swedes gains pos- 
 flag, and hoisted their own, securing all places with 
 
 G their 
 
The history 
 
 their soldiers, and sending the Swedes they had taken 
 prisoners, on board their vessels : — An acquisition 
 deemed considerable, because this fort was looked 
 upon as the key of New-Sweden. 
 
 On the second of September, they besieged Chris- 
 tiana fort and town ; and destroyed New Gottemburgh, 
 with such houses as were without the fort ; plundering 
 the inhabitants of what they had, and killing their 
 cattle ; the Swedes endeavoured to perswade the Dutch 
 to desist from these acts of hostility, but to no pur- 
 pose: After 14 days siege, they (in want of Ammuni- 
 tion) were obliged to surrender upon terms : That 
 all the great guns should be restored; to which pur- 
 pose an inventory was taken ; the Swedes had also the 
 gratification to march out of the fort, with their arms, 
 their colours flying, and drums beating. The officers 
 and other principal inhabitants among the Swedes, 
 were carried prisoners to New-Amsterdam, and 
 thence to Holland ; but the common people submitting 
 to the Dutch, remained in the country. 
 
 From this time till the year 1664, New-Sweden, 
 and New-Netherland, continued in possession, and 
 under government of the Dutch; who, on the island 
 called Manhattan, at the mouth of Hudson's river, 
 had built the city, which they named New- Amsterdam 
 (New York) ; and the river they sometimes called the 
 Great River: About 150 mUes up, they built a fort, 
 and called it Orange, (Albany) from thence they drove 
 a profitable trade with the Indians, who came over land 
 as far as from Quebec, to deal with them. The first 
 bounds of New- York, were Maryland on the south, the 
 main land as far as could be discovered westward, the 
 river of Canada northward, and New-England eastward: 
 But the limits of this province, by the grants afterwards, 
 were reduced into a much narrower compass ; that 
 now called New-Jersey, in virtue of one of those grants, 
 
 was 
 
Of new-jersey. 
 
 35 
 
 was probably so denominated, in compliment to sir A. D. 
 George Carteret, one of the proprietors, and a Jersey 
 man./- 
 
 CHAP. III. , 
 
 The parHouIars of the English conquest in 1664, and the 
 transactions afterwards respecting the inhabitants on 
 Delaioare: The arrival of Francis Lovelace, as 
 governor, part of his administration, and description 
 of the Hoai'kills. 
 
 K 
 
 I N G Charles the second, considering of what ill 
 
 consequence a Dutch colony must be in the heart 
 of his dominions, and determining to dispossess them, 
 gave a patent to his brother the duke of York, for a 
 great part of North- America, in which were included 
 the provinces New- York, New- Jersey, and all other 
 lands thereunto appertaining, with powers of govern- 
 ment : And though his reign was not enterprizing, the 
 Duke's concern in this property, and the aversion of 
 both to the Dutch 5'- made the reduction of this coun- 
 try the first military stroke. Before there was any formal 
 declaration of war with Holland, Sir Robert Carre, Sir Eobert 
 was sent to America, with a small fleet and some land 
 forces, to put the Duke in possession of the country ; 
 this appears by the date of the commission given on 
 this occasion, which was the 26th of April 1664, and 
 the war with Holland was not declared till some 
 months after. 
 
 Thus the Dutch here, being unprovided for defence 
 against a royal squadron and land forces, rendered the 
 
 expedition 
 
 /. It is said for some little time at first, to have bore tlie name 
 New- Canary. 
 
 g. Vid. Life of E. of Clarendon, Oxford printed at Clarendon 
 printing house. Vol. ii. p. 373, &c. 
 
36 
 
 The history 
 
 A. D. 
 
 1664. 
 
 arrives and 
 
 dispossesses 
 the Dutch. 
 
 Procla- 
 mation, 
 
 expedition safe and easy, Carre had joined with him 
 in commission, col. Richard Nicolls, George Cart- 
 wright, and Samuel Meverike. They arrived at Hud- 
 son's River the latter end of 1664, at which time the 
 Dutch could have but very little notice^- of the designed 
 rupture : The land forces consisting of three hundred 
 men, were under the command of col. Nicolls. The 
 Dutch governor, an approved soldier, who had lost a 
 leg in the service of the states, being unprepared for this 
 attack, and knowing perhaps the defects of the Dutch 
 title, at least their present incapacity of defence, was 
 after some time prevailed on to surrender quietly. The 
 papers and messages that passed between him and the 
 English on this occasion, will give the reader a full 
 insight into the manner and terms of this surrender. 
 
 When the English arrived at New-Amsterdam, a 
 proclamation was made and spread through the country 
 of the design of their coming, conceived in the terms 
 following. 
 
 ' By his Majesty's command. 
 ' Forasmuch as his majesty hath sent us by commis- 
 ' sion, under his great seal of England, amongst other 
 ' things, to expel or to reduce to his majesty's obedience, 
 'all such foreigners as have without his majesty's leave 
 'and consent, seated themselves amongst any of his 
 ' dominions in America, to the prejudice of his majes- 
 ' ty's subjects and the diminution of his royal dignity : 
 ' We his majesty's commissioners do declare and pro- 
 ' mise, that wliosoever of what nation soever, will upon 
 'knowledge of this proclamation, acknowledge and 
 'testify themselves to submit to his majesty's govern- 
 ' ment, as his good subjects ought to do, shall be pro- 
 'tected by his majesty's laws and justice, and peace- 
 'ably enjoy whatsoever God's blessing and their own 
 ' honest industry have furnished them with ; and all 
 
 ' other 
 
 h. The first notice they had was from Thomas Willet, an 
 Englishman, about 6 weeks before their arrival. 
 
Or NEW-JERSEY. 37 
 
 'other privileges with his majesty's English subjects: A. D. 
 
 ' We have caused this to be published, that we might 
 
 ' prevent all inconveniencies to others if it were possi- 
 
 ' ble, however, to clear ourselves from the charge of all 
 
 * those miseries that anyway may befall such as live here, 
 
 'and will not acknowledge his majesty for their sove- 
 
 ' reign : Whom God preserve.' 
 
 The Dutch governor Stuyvesant, upon notice of the 
 arrival of the English in the Bay, dispatched the fol- 
 lowing letter. 
 
 Right honourable Sirs, 
 'Whereas we have received intelligence, that about 
 'three days since, there arrived an English man of Stuyve- 
 ' war, or frigate in the Bay of the ]S"orth River, letter, 
 'belonging to the New Netherlands, and since that 
 'three more are arrived, by what order or pretence is 
 ' yet unknown to us ; and having received various 
 'reports concerning their arrival upon this coast, and 
 'not being apt to entertain any prejudice intended 
 ' against us, have by order of the commander in chief 
 ' of the New Netherlands, thought it convenient and 
 'requisite, to send the worshipful the bearer hereof, 
 'that is to say, the worshipful John Declyer, one 
 ' of the chief council, the reverend John Megapolensis, 
 'minister, Paul Leendelvandergrift, mayor of 
 'this town, and have joined with them Mr. Samuel 
 'Megapolensis, doctor in physick, whom by these 
 ' presents I have appointed and ordered, that with the 
 ' utmost respect and civility:, they do desire and entreat 
 'of the commander in chief of the aforesaid men of 
 'war or frigates, the intent and meaning of their 
 'approach, and continuing in the harbour of Naijacly, 
 'without giving any notice to us, or first acquainting 
 'us with their design, which action hath caused much 
 ' admiration in us, having not received timely know- 
 ' ledge of the same, which in respect to the govern- 
 'ment of the place, they ought, and were obliged _to 
 'have done; wherefore upon the considerations afore- 
 ' said, it is desired and entreated from the general of 
 
 the 
 
The HISTOKY 
 
 * the aforesaid men of war or frigates, as also from our 
 ' before deputed agents, whom we desire your honours 
 
 * civily to treat, and to give and render unto them, 
 
 * the occasion of your arrival here upon this coast, and 
 
 * you will give an opportunity (that after our hearty 
 
 * salutes and wellwishes of your health,) to pray, that 
 
 * you may be blessed in eternity, and always remain, 
 
 * right honourable sirs, your honours affectionate 
 
 * friend and servant, P. Stuyvesant. 
 
 * By order and appointment of the governor and com- 
 
 ' mander in chief of the council of iSTew Netherlands,, 
 'the 19-29 of August, 1664. 
 
 Cornelius Ruyven, Secretary/' 
 
 To this letter col. Nicolls sent the answer following. 
 
 ' To the honourable the governor and chief council at 
 ' the Manhatans.i- 
 
 ' Right worthy Sirs, 
 
 ' I received a letter by some worthy persons entrusted 
 ' by you, bearing date the 19-29th of August, desiring 
 ' to know the intent of the approach of the English 
 
 * frigates, in return of which I think fit to let you 
 ' know, that his majesty of Great-Britain, whose right 
 /and title to these parts of America is unquestionable, 
 ' well knowing liow much it derogates from his crown 
 
 * and dignity, to suffer any foreigners how near soever 
 Hhey be allied, to usurp a dominion, and without his 
 
 * majesty's royal consent, to inhabit in these or any 
 ' other his majesty's territories ; hath commanded me 
 ' in his name, to require a surrender of all such forts,, 
 
 * towns or places of strength, which are now possessed 
 
 * by the Dutch under your commands ; and in his 
 ' majesty's name I do demand the town situate upon the 
 ' island commonly knowm by the name of Manhatoes, 
 
 * with all the forts thereunto belonging, to be rendered 
 ' unto his majesty's obedience and protection unto my 
 ' hands : I am further commanded to assure you, and 
 
 every 
 
 i. The Indian name, by which i«rew-York island was formerly 
 called. 
 
Op new-jersey. 
 
 swer. 
 
 ' every respective inhabitant of the Dutch nation, that A. D. 
 
 ' his majesty being tender of the effusion of christian ■'■^^^ 
 
 ' blood, dotli by these presents, confirm and secure to 
 
 ' every man, his estate, life and liberty, who shall 
 
 'readily submit to his government; and all those who 
 
 ' shall oppose his majesty's gracious intentions, must 
 
 ' expect all the miseries of a war which they bring upon 
 
 ' themselves. I shall expect your answer by those 
 
 ' gentlemen, colonel George Cartwright, one of his 
 
 ' majesty's commissioners in America, captain Robert 
 
 * Needham, capt. Edward Groves, and Mr. Thomas 
 
 * Delavall, whom you will entertain and treat with such 
 
 * civility as is due to them and yourselves, and you shall 
 ' receive the same from, worthy sirs, your very hum- 
 
 * ble servant, Richaed Nicolls. 
 
 * Dated on board his majesty's ship the Guinea, riding 
 
 ' before Naijack, the 20-30 of August 1664. 
 
 Stuyvesant now fully informed of the English Stuyve- 
 
 general's business from himself, returned in answer : ^^^^ ^ 
 
 ' That they were so confident of the discretion and 
 equity of his majesty of Great-Britain, that were his 
 majesty truly informed of their right, he would not 
 have given such an order : That the Dutch came not 
 into these provinces by any violence, but by virtue of 
 a commission from the states general in 1614, when 
 they settled the North River, near fort Orange, and 
 to avoid the invasions and massacres commonly com- 
 mitted by the savages; they built a little fort there:. 
 That afterwards in the year 1662, and at the present 
 time, by virtue of a commission and grant to the 
 governor of the West-India company, and another 
 in the year 1656 of the South River, to the burgo- 
 masters of Amsterdam, they had peaceably governed 
 and enjoyed these provinces : That they were the first 
 discoverers, had purchased the land of the natives, 
 princes of the country ; and had continued in the 
 uninterrupted possession thereof : That they made 
 no doubt that if his majesty of Great-Britain, were 
 truly informed of these passages, he was too judicious 
 
 to 
 
40 
 
 The HISTOKY 
 
 A. D. 
 
 1664. 
 
 Order to 
 Hide. 
 
 Stuvve- 
 sant's third 
 letter. 
 
 ' to give any order that the places and fortresses in their 
 ' hands should be given up, especially at a time when so 
 
 * strict a friendship subsisted between his majesty an<l the 
 ' states general : That the offering any act of hostility and 
 ' violence against them, would be an infraction of the 
 ' treaty, which subsisted between his majesty of Great- 
 ' Britain and the states general : That as to the threats 
 ' in the conclusion of general NicolPs letter, he had 
 ' nothing to answer, only that they feared nothing but 
 
 * what God should lay upon them.' 
 
 Col. Nicolls, receiving this answer, found nothing 
 was to be done by delay ; and being resolved to assert his 
 masters right in the best manner he could, directed 
 an order to capt. Hide to tliis effect : 
 
 ' Whereas the governor and council of the Dutch 
 ' plantation upon the Manhatoes, in Hudson's River, 
 ' have in answer to a summons returned their resolutions 
 ' to maintain the riw'ht and title of the states general 
 'and West-India company of Holland, to their forts, 
 ' towns and plantations in these parts of America : I 
 ' do therefore in prosetmtion of his majesty's service, 
 ' recommend to captain Hugh Hide, commander in 
 ' chief of the squadron, to prosecute with the advice 
 ' of the captains under his command, his majesty's 
 ' claim and interest, by all ways and means as they shall 
 ' think most expedient, for the speedy reducing the 
 ' Dutch under his majesty's obedience, and for so doing 
 ' this shall be their warrant. Given under my hand 
 'the 24th of August 1664, on board his majesty's ship 
 ' the Guinea. Richard Nicolls.' 
 
 It appearing by this order, and preparations in 
 consequence of it, that the English were not come 
 for amusement only; Stuyvesant thought it best 
 before matters were carried too far, to propose one 
 expedient more; this he did by letter to col. Nicolls, 
 the 4th September. 
 
 My Lord^ 
 
 ' Upon our letter the day before yesterday, and 
 
 * upon the communication by word of mouth, of our 
 
 deputies 
 
OfNEW-JEESEY. . 41 
 
 * deputies, touching the just right and possession ; A. D. 
 'without dispute of my lords, the' states general of the 
 
 * united provinces, as also of our discover}' of the 
 'news from Holhmd; which makes us not to doubt 
 
 * but that the king of Great-Britain, and my lords 
 ' the said states, are at this hour agreed upon their 
 ' limits : this had given us hope my lord to avoid all 
 ' dispute ; that you would have desisted from your 
 ' design, or at least have given time that we might have 
 ' heard from our masters ; from which expecbition we 
 ' have been frustrated by the report of our said deputies, 
 ' who have assured us by word of mouth, that you 
 ' persist on your summons and letter, of 20—80 August, 
 ' upon which we have no other thing to answer, but 
 ' that following the order of my lords the states 
 ' general, we are obliged to defend our place; how- 
 ' ever that in regard that we make no doubt, that 
 ' upon your assault and our defence, there will be a 
 ' great deal of blood spilt ; and besides it is to be feared 
 'greater difficulty may arise hereafter; we have 
 ' thought fit to send unto you, Mr. John de Decker, 
 'counsellor of state; Cornelius Van Riven, secretary 
 ' and receiver ; Cornelius Steenwick, mayor, and 
 ' James Coussea, sheriff; to the end of finding some 
 ' means to hinder and prevent the spilling of innocent 
 'blood, which we esteem my lord not to be your 
 ' intention ; praying that, you will please to appoint a 
 ' place and hour; and send or cause your deputies to 
 ' meet there, with full commission to treat and seek 
 ' out the means of a good accommodation ; and in 
 ' the mean time to cause all hostility to cease : Upon 
 ' which, after recommending you to the protection of 
 ' God, we remain, my lord, your thrice affectionate 
 ' friend and servant, 
 
 P. Stuyvesant. 
 
 To this col. Nicoll's replyed, in a letter directed 
 to the honourable the governor of the Manhatoes, 
 as follows : 
 
 Right 
 
42 
 
 The history 
 
 A. D 
 
 1664. 
 
 Right worthy sir, 
 
 ' In answer to ydurs of the 4th of September, new 
 'stile, by the hands of John de Decker, counsellor of 
 ' state, Cornelius Van Riven, secretary and receiver, 
 'Cornelius Steenwick, burgo master, and James 
 ' Causseau, sherififj I do think it once more agreeable 
 ' to the kings intentions, and my duty to his strict 
 
 * commands, to propose and receive all ways and 
 ' means of avoiding the effusion of christian blood ; 
 ' of which sincere intention, I suppose you are already 
 ' fully satisfied, and shall have no cause to doubt it 
 
 * for the future ; as also that I do insist upon my first 
 
 * summons and message to you, for a speedy surrender 
 
 * of the towns and forts now under your command, 
 ' into his majesty's obedience and protection. You 
 
 * may easily believe that in respect of greater difficulties 
 'which are ready to attend you, I should willingly 
 ' comply with your proposition to appoint deputies, 
 'place and time to treat of a good accommodation ; 
 ' but unless you had also given me to know, that by 
 ' such a meeting you do intend to treat upon articles of 
 ' surrender, I do not see just cause to defer the pur- 
 ' suance of his majesty's commands, my first demand 
 ' and my last answer, of reducing your towns and 
 ' forts to his majesty's obedience ; which, why you call 
 ' acts of hostility, I see no reason : However, since you 
 ' have given yourself and messengers this new trouble. 
 ' I shall also take this fresh occasion, to assure you 
 ' that I heartily with health, peace and prosperity, to 
 ' every inhabitant of your plantations, and particularly 
 ' to yourself, as being your afiectionate humble servant, 
 
 RiCHAED NiCOLLS. 
 
 Gravesend, 26th August 1664. 
 
 The Dutch governor finding Nicolls grew more 
 resolute in his enterprize^ and the country in general 
 for him, after having tried, in vain, what other pacifick 
 expedients he could, at last agreed to a surrender of the 
 fort and province under his government, and commis- 
 sioners were authorized to treat upon the articles ; those 
 
 on 
 
Of NEW-JEESEY. 
 
 43 
 
 on the part of the English were, sir Robert Carre, knt. A- P- 
 colonel George Cartwright, John Winthrop, esq ; go- (;ioj^^^'. 
 vernor of Connecticut, and Samuel Willis, one of his sioners. 
 council, capt. Thomas Clarke, and capt. John Punct- 
 won, commissioners from the general court of the 
 Massachusetts, the persons named by governor Stuy- 
 vesant were, John de Decker, Nicholas Varlett, com- 
 missary, concerning matters of traffick, Samuel Me- 
 gapolensis, Cornelius Steenwick, Stephen Courtland, 
 and James Coussea. 
 
 The articles of this treaty as they are signed and 
 confirmed by col. Nicolls and governor Stuyve- 
 sant, and subscribed by the commissioners, bear date 
 the 'ilth of August 1664 old stile, and are as follows. 
 
 1. We consent that the states general, or the West Articles. 
 India company, shall freely enjoy all farms and houses, 
 except such as are in the forts, and that within six 
 months they shall have free liberty to transport all such 
 
 arms and ammunition, as now do belong to them, or 
 else they shall be paid for them. 
 
 2. All publick houses shall continue for the uses 
 which now they are for. 
 
 3. All people shall still continue free dennizens, and 
 enjoy their lands, houses, goods, ships wheresoever 
 they are within the country, and dispose of them as 
 they please. 
 
 4. If any inhabitant have a mind to remove 
 himself, he shall have a year and six weeks from this 
 day to remove himself, wife, children, servants, goods, 
 and to dispose of his lands here. 
 
 5. If any officer 'of state or publick minister of 
 state have a mind to go for England, they shall be 
 transported freight free in his majesty's frigates, whea 
 those frigates return thither. 
 
 6. It is consented to that any people may freely come 
 from the Netherlands, and plant in this country, and 
 that Dutch vessels may freely come hither, and any of 
 
 the 
 
44 
 
 The history 
 
 the Dutch may freely return home, or send any sort of 
 merchandize home in vessels of their own country. 
 
 7. All ships from the Netherlands, or any other 
 place and goods therein shall be received here and 
 sent hence after the manner which they formerly 
 were, before our coming hither for six months next 
 ensuing. 
 
 8. The Dutch shall enjoy the liberty of their consci- 
 ences, in divine worship and Dutch discipline. 
 
 9. No Dutchman here, or Dutch ship here, shall 
 upon any occasion be pressed to serve in war against any 
 Nation whatsoever. 
 
 10. That the townsmen of the Manhatoes shall not 
 have any soldiers quartered upon them, without being 
 satisfied and paid for them by the officers, and that at 
 this present, if the fort be not capable of lodging all 
 the soldiers, then the burgomaster by his officers, shall 
 appoint some houses capable to receive them. 
 
 11. The Dutch here shall enjoy their own customs 
 concerning their inheritances. 
 
 12. All publick writings and records, which concern 
 the inheritances of any people, or the reglement of the 
 church or poor or orphans, shall be carefully kept by 
 those in whose hands now they are, and such writings 
 as particularly concern the states general, may at any 
 time be sent to them. 
 
 13. No judgment that hath passed any judicature 
 here, shall be called in question, but if any conceive he 
 hath not had justice done him, if he apply himself to 
 the States General, the other party shall be obliged to 
 answer for the supposed injury. 
 
 14. If any Dutch living here, shall at any time 
 desire to travel or traffick into England, or any place 
 or plantation in obedience to his majesty of England, 
 or with the Indians, he shall have upon his request to 
 the governor, a certificate that he is a free Denizen of 
 this place, and liberty it to do. 
 
 15. If it do appear that there is a publick engage- 
 ment of debt, by the town of Manhatoes, and a 
 
 way 
 
Op NEW-JEESEY. 
 
 45 
 
 way agreed on for the satisfying of that engagement, A. D. 
 it is agreed that the same way proposed shall go on ; 
 and that the engagements shall be satisfied. 
 
 16. All inferior civil officers and magistrates, shall 
 continue as they now are, if they please, till the 
 customary time of new election, and then new ones 
 to be chosen by themselves ; provided that such new 
 chosen magistrates, shall take the oath of allegiance 
 to his majesty of England, before they enter upon 
 their offices. 
 
 17. All dilferences of contracts and bargains made 
 before this day, by any in this country, shall be 
 determined according to the manner of the Dutch. 
 
 18. If it does appear that the West-India company, 
 of Amsterdam, do really owe any sums of money to 
 any persons here; it is agreed that recognition and 
 other duties payable by ships going for the Netherlands 
 be continued for six months longer. 
 
 19. The officers military and soldiers, shall march 
 out with their arms, drums beating, and colours flying,, 
 lighted matches ; and if any of them will plant they 
 shall have fifty acres of land set out to them ; if any 
 of them will serve any as servants, they shall continue 
 with all safety and become free Denizens afterwards. 
 
 20. If at any time hereafter the king of Great-Bri- 
 tain and the States of the Netherland, do agree that 
 this place and country be redelivered into tht; hands 
 of the said states, whensoever his majesty will send his 
 commands to redeliver it, it shall immediately be done. 
 
 21. That the town of Manhatans shall choose depu- 
 ties, and those deputies shall have free voices in all 
 publick affairs. 
 
 22. That those who have any property in any houses 
 in the fort of Aurania, shall if they please, slight the 
 fortifications there, and then enjoy all their houses as 
 all people do where there is no fort. 
 
 23. If there be any soldiers that will go into Hol- 
 land, and if the company of West India in Amster- 
 dam 
 
46 
 
 The history 
 
 A. D. dam, or any private persons here, will transport them 
 1664. ^^^Q Holland, then they shall have a safe passport from 
 col. Richard JSTicolls, deputy governor under his royal 
 highness, and the other commissioners, to defend the 
 ships that shall transport such soldiers and all the goods 
 in them from any surprizal or act of hostility to be done 
 by any of his majesty's ships or subjects. 
 
 24. That the copies of the king's grant to his royal 
 highness, and the copy of his royal highness's commis- 
 sion to col. Richard Nicolls, testified by two com- 
 missioners more and mr. Winthrop, to be true copies, 
 shall be delivered to the honourable Mr, Stuyvesant, 
 the present governor, on Monday next by eight of the 
 clock in the mornings at the old Milne, and these arti- 
 cles consented to and signed by col. Richard Nicolls, 
 deputy governor to his royal highness, and that within 
 two hours after the fort and town called New Amster- 
 dam, upon the island of Manhatoes, shall be delivered 
 into the hands, of the said col. Richard Nicolls, by 
 the service of such as shall be by him thereunto 
 deputed by his hand and seal, i 
 
 The articles agreed on, the fort and city of New- 
 Amsterdam, were surrendered. Some of the houses 
 were then built of brick and stone, and in part covered 
 with red and black tile, and the land being high, it 
 made an agreeable pros])ect to those that visited it from 
 the sea ; Most of the Dutch inhabitants remained, and 
 took the oaths to the English government; and they 
 and their posterity have been loyal subjects ever since.^- 
 Thirteen days after the surrender of New Amster- 
 p^^^ dam, col. Nicolls, marched up the country to Orange 
 
 •Orange. fort, and having taken it without much resistance, he ' 
 gave it the name of Albany, the duke of York's 
 
 Scotch 
 
 k. In the year 1751, as some workmen were digging down the 
 bank of tlie North River, in New York, in order to build a still- 
 hoiise, a stone wall was discovered between four and five feet thick, 
 near eight feet under ground, supposed to. have been the breast work 
 of a battery. 
 
Of new-jersey. 
 
 mission. 
 
 Scotch title : But previous to the taking: of this fort, A. D. 
 
 1664 
 
 the colonel and other commissioners sent sir Robert Qa^j.j.gjg ' 
 Carre with the ships under his command, on an expedi- expedition 
 tion into Delaware bay and river, to reduce the inha- ^are.^^*" 
 bitants there. To this end they granted him their 
 commission. 
 
 ' Whereas we are informed that the Dutch have His com- 
 ' seated themselves at Delaware Bay, on his majesty of 
 
 * Great-Britain's territories, without his knowledge and 
 'consent, and that thev have fortified* themselves there, 
 
 * and drawn a great trade thither, and being assured that 
 ' if they be permitted to go on, the gaining of this 
 
 * place will be of small advantage to his majesty : We 
 ' his majesty's commissioners, by virtue of his majesty's 
 ^ commission and instructions to us given, have advised 
 
 * and determined to endeavour to bring that place and 
 ' all strangers there, in obedience to his majesty, and by 
 
 * these do order and appoint that his majesty's frigates, 
 ' the Guinea, and the William and Nicholas, and all 
 ' the soldiery which are not in the fort, shall with what 
 ' speed they conveniently can go thither, under the 
 
 * command of sir Robert Carre, to reduce the same, 
 ' willing and commanding all officers at sea and land 
 ' and all soldiers to obey the said sir Robert Carre 
 
 * during this expedition. Given under our hands and 
 
 * seals, at the fort in New- York, upon the isle of 
 
 * Manhatoes, the third day of September, 1664. 
 
 Richard Nicolls, 
 Geoege Cart WRIGHT, 
 Samuel Maverick. 
 
 With this commission, instructions were delivered 
 Carre, respecting the manner in which he was to con- 
 duct on his arrival in the bay of Delaware. 
 
 ^ Instructions for sir Robert Carre, for the reducing 
 ' of Delaware bay, and settling the people there, 
 ' under his majesty's obedience.' 
 
 ' When you are come near unto the fort, which 
 
 * is possessed by the Dutch, you shall send your boat 
 
 on 
 
48 
 
 The history 
 
 ' on shore, to summons the governor and inhabitants 
 ' to yield obedience to his majesty, as the rightful 
 ' sovereign of that tract of land ; and let him and 
 ' tliem know, that all the planters shall enjoy their 
 ' farms, houses, land, goods and chattels, with the 
 ' same priviledges, and upon the same terms which 
 ' tliey do now possess them ; only that they change 
 ' their masters, whether they be the West-India com- 
 ' pany, or the city of Amsterdam. To the Swedes 
 ' you shall remonstrate their happy return under a 
 ' monarchical government, and his majesty's good 
 ' inclinations to that nation, and to all men, who 
 ' shall comj^ly witli his majesty's rights and titles in 
 ' Delaware, without force of arms. 
 
 ' That all cannon, arms and ammunition which 
 ' belongs to the government, shall remain to his 
 ' majesty. 
 
 ' That the acts of parliament shall be the rule for 
 ' future trading. 
 
 ' That all people may enjoy liberty of conscience. 
 
 ' That for six months next ensuing, the same magis- 
 ' strates shall continue in their offices, only that they 
 ' and all others in authority must take the oath of 
 ' allegiance to his majesty, and all publick acts be 
 * made in his majesty's name. 
 
 ' If you find you cannot reduce the place by force, 
 ' or upon these conditions, you may add such as you 
 ' find necessary on the place ; but if those, nor force, 
 ' will prevail, then you are to dispatch a messenger 
 ' to the governor of Maryland, with a letter to him ; 
 ' and request his assistance, and of all other English 
 ' who live near the Dutch plantations. 
 
 ' Your first care (after reducing the place) is to 
 ' protect the inhabitants from injuries, as well as vio- 
 ' lence of the soldiers ; which will be easily effected, if 
 ' you settle a course for weekly or daily provisions by 
 ' agreement with the inhabitants ; which shall be 
 ' satisfied to them, either out of the proffits, customs 
 ' or rents belonging to their present master, or in case 
 ' of necessity from hence. * The 
 
Of NEW-JERSEY. 
 
 49 
 
 ' The laws for the present cannot be altered, as to A. D. 
 'the administration of Justice between the parties. 
 
 ' To my lord Baltimore's son you shall declare, and 
 ' to ^11 the English concerned in Maryland, that his 
 ' majesty hath, at his great expence, sent his ships and 
 ' soldiers to reduce all foreigners in those parts to his 
 'majesty's obedience; and to that purpose only, you 
 ' are employed : But the reduction of the place being 
 ' at his majesty's expence, you have commands to keep 
 ' possession thereof for his Majesty's oivn behoof and 
 ^ right ; and that you are ready to joyn the governor 
 ' of Maryland, upon his majesty's interest on all 
 ' occasions ; and that if Lord Baltimore doth pretend 
 ' right thereto by his patent, (which is a doubtful 
 ' case) you are to say, that you only keep possession 
 ' till his majesty is informed and satisfied otherwise. 
 ' In other things, I must leave you to your discretion, 
 ' and the best advice you can get upon the place.' 
 
 In pursuance of this commission, Carre soon set 
 sail, with the ships under his command. On his arrival 
 against New-Castle, (then called New-Amstel) the New- 
 Dutch and Swedes, following the example of their 
 capita]. New- Amsterdam, capitulated and surrendered 
 their fort. The articles were signed and sealed by 
 the English commanding officer, and six of the 
 principal inhabitants of the place, on behalf of them- 
 selves, and others. 
 
 ' Articles of agreement between the honourable sir Articles. 
 ' Robert Carre, knight, on the behalf of his ma- 
 'jesty of Great-Britain, and the burgo- masters, on 
 ' behalf of themselves, and all the Dutch and 
 ' Swedes, inhabiting on Delaware bay, and Dela- 
 ' ware river.' 
 
 ' 1. That all the burgesses and planters will submit 
 ' themselves to his majesty, without any resistance. 
 
 ' 2. That whoever, or what nation soever, doth 
 ' submit to- his majesty's authority, shall be protected 
 ' in their estates, real and personal whatsoever, by his 
 ' majesty's laws and justice. 
 
 D '3. That 
 
60 
 
 The history 
 
 A. D. < 3. That the present magistrates shall be continued 
 
 1664. < their offices, and jurisdiction to exercise their 
 ' civil power as formerly. 
 
 '4. That if any Dutchman or other person shall 
 ' desire to depart from this river, it shall be lawful 
 ' for him so to do with his goods, within six months 
 ^ after the date of these articles. 
 
 ' 5. That the magistrates and all the inhabitants 
 
 * (who are included in these articles) shall take the 
 'oaths of allegiance to his majesty. 
 
 ' 6. That all people shall enjoy the liberty of their 
 consciences, in church discipline as formerly. 
 
 ' 7. That whoever shall take the oaths, is from that 
 ^time a free Denizen, and shall enjoy all the privi- 
 ' ledges of trading into any of his majesty's domi- 
 ' nions, as freely as any Englishman, and may require 
 ' a certificate for so doing. 
 
 ' 8. That the schout, the burgo-master, sheriff, 
 
 * and other inferior magistrates, shall use and exercise 
 ^ their customary power, in administration of justice, 
 
 * within their precincts for six months, or until his 
 ' majesty's pleasure is further known. 
 
 Dated October 1st 1664. 
 
 New-Amsterdam, Orange Fort, and the inhabitants 
 up Delaware, being reduced, the whole country was 
 in a manner in possession of the English ; and things 
 being in a quiet posture about New-York, Nicolls 
 was commissioned the 24th of October, 1664, by 
 Cartwright and Mevericke, to repair to Delaware bay, 
 for government of the place, by deputing such officers 
 civil and military, and taking such other measures as 
 he should think proper, until the kings pleasure was 
 1668. further known.^- Thus things rested till 1668 ; when 
 Nicolls and his council at New- York, gave the follow- 
 ing 
 
 I. Tn the begining of tlie year 1665, there was a comet visible 
 to tlie people on this continent: It had appeared in tiie November 
 beforehand continued four months: It rose constantly al)ont one 
 o'clock in (lie morning, in the south-east. It was seen likewise in 
 Englandj and in most other parts of the world, at the same time. 
 
Or NEW- JERSEY. 
 
 ware. 
 
 ing directions for a better settlement of the govern- A. D. 
 ment on Delaware. 
 
 Directions 
 
 ' That it is necessary to hold up the name and conn- for ihe go- 
 
 tenance of a garrison in Delaware, with twenty men vernment 
 
 1 • • m ' at Dela- 
 
 and one commission omcer, 
 
 ' That the commission officers shall undertake to 
 provide all sorts of provision for the whole garrison, 
 at the rate of 5d. per day, viz. wholesome bread, 
 beer, pork, pease or beef, that no just complaint be 
 made of either : That the soldiers, (so far as conve- 
 niently they may,) be lodged in the fort, and keep the 
 Stockadocs up in defence : that the civil government 
 in the respective plantations be continued till further 
 orders. 
 
 ' That to prevent all abuses or oppositions in civil 
 magistrates, so often as complaint is made, the com- 
 mission officer capt. Carre, shall call the scout, with 
 Hans Block, Israel Holme, Peter Rambo, Peter 
 Cock, Peter Aldrick, or any two of them, as coun- 
 cellors to advise, hear, and determine by the major 
 vote, what is just, equitable and necessary in the case 
 and cases in question. 
 
 ' That the same persons also, or any two or more of 
 them, be called to advise and direct what is best to be 
 done in all cases of difficulty, which may arise from 
 the Indians, and to give their councel and orders for 
 the arming of the several plantations and planters, 
 who must obey and attend their summons upon such 
 occasion. 
 
 ' That two thirds at least of the soldiers remain 
 constantly in and about JSTew-Castle at all hours. 
 
 ' Tiuit the fines or preminures and light offences, 
 be executed with moderation, though it is also neces- 
 sary that ill men be punished in an exemplary manner. 
 
 ' That the commission officer capt. Carre, in the de- 
 termination of the chief civil affairs, whereunto the 
 temporary beforenientioned councellors are ordained 
 shall have- a casting voice where votes are equal. 
 
 ' That the new appointed councellors are to take the 
 
 ^ oath to his royal highness. ' That 
 
52 
 
 The history 
 
 A. D. 
 
 1668. 
 
 Indian 
 Murders. 
 
 ' That the laws of the government, established bj 
 ' his royal highness, be shewed and frequently commu- 
 ' nicated to the said councellors and all others, to the end 
 ' that being therewith acquainted, the practice of them 
 ' may also in convenient time be established ; which 
 ' conduceth to the publick wellfare and common justice. 
 
 ' That no offensive war be made against any Indians, 
 ' before you receive directions from the governor for 
 ' your so doing. 
 
 ' That in all matters of difficulty and importance, 
 ' you must have recourse by way of appeal, to the 
 ' governor and council at New- York.' 
 
 These instructions bore date the 21st of April 1668 ; 
 within two months afterwards, the government at New- 
 York received advice, that some of the tribe of the 
 Mantas Indians, nigh Delaware, had murdered the 
 servants of one Tomm. Peter Aldricks and Peter 
 Rambo, arriving soon after, confirmed that news, and 
 further inform'd the government, that the Indians in 
 those parts desir'd, there shousld be an absolute prohibi- 
 tion upon the whole river, of selling strong liquor to 
 the Indians generally ; by which it seems the late murders 
 had probably been the consequence of a drunken frolick ; 
 this is the more likely, as the whole body of the Indians 
 in the first settled part of the lands on Delaware, after- 
 wards through a long course of experience, manifested 
 an open hospitable disposition to the English,, and were 
 in the general, far from any designs to their prejudice^ 
 The governor and colonel Lovelace wrote to- Carre, 
 authorizing him to> convene those joined with him in 
 commission for the management of civil affairs, and 
 with their advice to make 'all necessary rules and give 
 orders for the government of both christians and 
 Indians ; and because those murders, and the restraining 
 the Indians from strong liquors, might be attended 
 with difficulties^ Carre was ordered,, after consulting 
 
 the 
 
Of NEW-JERSEY. 
 
 the Indians on the best method of proceeding, to A. D. 
 
 1603 
 
 send the state of the matter to the council at New- 
 York. 
 
 Another disturbance that soon followed, took up 
 their attention for a while, and seem'd likely to prove 
 an alFair of some consequence against the new-establish'd 
 government, but was prevented by the vigilance 
 of the persons in administration. A Swede at Delaware, 
 who gave out that he was the son of Coningsmarke, 
 the Sweedish general, went up and down from one 
 place to another, spreading rumours to the disturbance 
 of civil peace and the laws, intending thereby to make 
 a party strong enough to raise an insurrection, and if 
 possible, throw off the English allegiance; to him 
 
 was associated Henry Coleman, one of the Finns, and Henry 
 
 , . Coleman, 
 
 an inhabitant at Delaware : The last left a good habi- 
 tation, cattle and corn, and was well versed in the 
 Indian language; as they both kept very much among 
 the Indians their designs were the more suspected. The 
 government however, ordered a proclamation, that if 
 Coleman did not surrender himself, to answer what 
 should be objected against him in fifteen days, his 
 estate should be secured to the king's use ; whether he 
 came in appears not, but the other being a vagrant, 
 more effectual measures were used, so that he was soon 
 in custody ; all the rest who had a hand in the plot, 
 were by the government at York, bound to give secu- 
 rity to answer for their conduct, and an account of their 
 estates ordered to be taken : The governor in the mean 
 time tells Carre in his letter upon this occasion, ' That 
 ' as for the poor deluded sort, I think the advice of 
 * their own countrymen is not to be despised, who 
 knowing their temper well, prescribed a method for 
 ' keeping them in order, which is severity, and laying 
 such taxes on them as may not give them liberty to 
 entertain any other thouglits but how to discharge 
 
 * them. — 
 
54 
 
 The history 
 
 A. D. ' them. — I perceive tlie little Domine hath played the 
 ADDo. < trumpter to this disorder ; I refer the quality of his 
 'punishment to your direction.' 
 
 At a council held at New- York, October 18, 1669. 
 Present: The Governor, Thomas Delaval, 
 Ralph Whitfield, Thomas Willet, secry. 
 This affair being taken into consideration, it was 
 m&t^^^^' ^^j^dged that Conningsmarke, commonly called the 
 long Finne, deserv'd to die, yet in regard that 
 many concern'd with him in the insurrection, might 
 also be involv'd in the premunire, if the rigour of the 
 law should be extended, and amongst them diverse sim- 
 ple and ignorant people, it was thought fit to order 
 that the long Finne should be severely whipt, and stig- 
 matized with the letter R, with inscription in great 
 letters on his breast, that he received that punishment 
 for rebellion, and after to be secured till sent to ' Bar- 
 ' badoes or some other remote plantation to be sold : ' It 
 was further ordered, that the chief of his accomplices 
 should forfeit to the king, one half of their goods and 
 chattels, and a smaller mulct laid on the rest to be left 
 at discretion of commissioners, appointed to examine 
 the matter. 
 
 In pursuance of this sentence, the long Finne was 
 brought fettered from Delaware, and put prisoner in 
 the State-house at York, the 20th December, and there 
 continued a year, when a warrant was signed, and he, 
 in pursuance of it, transported for sale to Barbadoes. 
 
 At this council also came under consideration, the 
 case of an Indian, who had committed a rape on a 
 An Indian christian woman ; the council ordered that he should be 
 put to death if he could be found, and that application 
 be made to the Sachems of his tribe, to deliver him 
 up, that justice might be executed upon him. He had 
 been once taken and condemned to death by the com- 
 missioners at Delaware,, but broke gaol. 
 
 One 
 
 rape, 
 
Of NEW-JERSEY. 
 
 65 
 
 One Douglass at the Hoarkill, after this, gave the A. D. 
 new settlors a considerable disturbance by seditious 
 practices, but he was taken, sent to gaol, and afterwards 
 from thence to York, where he had his trial, and was 
 sent to the eastward, with a caution not to return into 
 the government any more. 
 
 In the month call February 1669, Francis Love- Governor 
 lace'^'^- being then governor, a commission and letters I^ovelace. 
 of instruction were sent to the Hoarkill, authorizing 
 Hermanns Fredericksen, to be schout. Slander Matson, 
 Otto Walgast, and William (Jleason to be commissaries, 
 who were to keep good orders there, and to try all 
 matters of difference under 101. amongst themselves; 
 this seems to be intended to save them the trouble of 
 going to New-Castle upon every trifling occasion ; but 
 for all matters above 10 1. they were to apply themselves 
 to New York, and so for all criminals. 
 
 Governor Lovelace gave also an order to captain 
 Martin Prieger, to receive the customs for all Euro- 
 pean goods imported at the Hoarkill, and on the furrs 
 and peltry exported from thence, — viz. 10 1. per cent. 
 
 ' Whereas I am given to understand, that all Euro- Customs 
 pean goods imported at the Hoarkill in Delaware bay, at the _ 
 did heretofore pay custom at the rate of 10 1. per cent. Hoarkills. 
 and all furrs and peltry exported from thence at the 
 same rate, which turned to some advantage towards 
 the support of the government, upon mature advice 
 and consideration had thereof, I have thought fit 
 to renew the former custom, and do therefore hereby 
 order and appoint caj^tain Martin Preiger, who is a 
 person well versed in the trade of those parts, and very 
 well known there both to the christians and Indians, 
 to be receiver and collector of the customs at the 
 
 Hoarkill 
 
 ni. FTe succeeded Nicolls in the government of New York, in 
 3[((y 1607, and continneii fiovernor till liie colony was given up to 
 tlie Dulch ill the summer, 1673. Nicolls had remained governor 
 since the Dutch surrender till then, about two years and a half. 
 
56 The HISTORY 
 
 A. B. < Hoarkill, where by himself or his deputy he is to 
 1664. i j.g(3gjyg \Q pej. cent, of all European goods imported 
 ' there, whether coming from this place, New-Castle 
 ^ in Delaware, or any other part ; and ten per cent. 
 ' also for all furrs or peltry exported from thence, 
 ' according to former custom and usage on that behalf ; 
 ' and all persons whatsoever trading thither, or from 
 ' thence to any other place, are to take notice thereof, 
 ' and to obey this my commission, under the. penalty 
 
 * of confiscation of their goods if they shall presume 
 ' to do otherwise, the said capt. Prieger standing obliged 
 
 * to be answerable here, for all such customs as shall be 
 
 * received by himself or deputy there, of which he is 
 
 * to render unto me a due and exact account.' 
 Bemarks. It was Very early to impose such an extraordinary clog 
 
 upon trade as 10 per cent, and no doubt hard 
 upon the young settlers to pay it, and the reason given 
 for doing it (namely that it had been dOne before) seems 
 not so well calculated to render the payment easy as 
 might have been contrived ; probably the chief cause 
 was that hinted at in the governor's letter to Carre, ' to 
 
 * keep them under by taxes, that they might not have 
 
 * liberty to entertain any other thoughts but how to 
 ' discharge them.' The daily exigencies of the govern- 
 ment in those precarious times afforded a better present 
 plea, tho' of no force for continuing it afterwards ; but 
 after all, the government then more military than civil, 
 probably but little thought of a necessity to bestow colour- 
 ing upon their proceedings, however extraordinary, to 
 a people whom they could at any time compel to their 
 measures ; hard where that is the case of necessity, but 
 more hard and arbitrary ^then continued without that 
 necessity. These precedents introduced a similarity of tax- 
 ation, which in time proved intolerable grievances. 
 But be their reasons to themselves. — As the Hoarkills to 
 the Swedes appeared a place of rather more conse- 
 quence than it's thought since, their account may be 
 worth observation. ' Two 
 
 / 
 
Of NEW-JEESEY. 
 
 Two leagues (says the manuscript in the Bri- A. D. 
 tish museum,) from cape Cornelius on the west g^g^gg 
 side of the river near its mouth, there is a certain descrip- 
 creek called the Hoeren Kill, which may w^ell pass tion of the 
 for a middling or small river, for it is navigable a Hoar kill, 
 great way upward, and its road is a fine road for ships 
 of all burthens, there being none like it for safety and 
 convenience in all the bay, the right channel for 
 sailing up the bay passing near it. 
 
 ' A certain person who for several years together had 
 been a soldier in the fort, informed us about the 
 month of June, 1662, being then but lately come 
 from thence, concerning the Hoern kill or Harlot's 
 creek ; that along the sea shore it was not above two 
 leagues from the cape, and that near the fort which 
 is at the mouth of it, it is about 200 paces broad and 
 navigable and very deep to about half a league 
 upwards, the pilots say generally about six feet of 
 water in going in, but the canoes can go about two 
 leagues higher: There are two small islands in it, the 
 first very small the last about half a league in circum- 
 ference, both overgrown with fine grass, especially 
 the latter, and are at about half a league distance asun- 
 der, and the latter .about a league from the channel's 
 mouth : The two islands are surrounded with a muddy 
 ground, in which there grows the best sort of oysters, 
 which said ground begins near the first island, for the 
 mouth of the channel has a sandy bottom, being also 
 very deep, and therefore there are no oysters there : 
 iNTear the nmaller island and higher up it is as broad 
 again as at the mouth, near the said fort the channel 
 for a good way runs at an equal distance from the sea, 
 having the breadth of about two hundred paces of 
 high downy land lying between them, near the fort 
 there is a glorious spring of fresh water, a small rill 
 rising in the south east part of the country, and 
 falling from a rising hill, runs through this downy 
 land into the mouth of the IToern kill, or Harlot's 
 
 ' creek, 
 
58 TheHISTORY 
 
 A. D. ' creek, is for its goodness and fertility famed for 
 1669. < ^Ijq yQj.y jjgg^ Qf New-Netherland.'i- 
 
 ' The name of Hoernkill or Harlot's creek, had 
 ' as we are informed, its rise from the liberality of the 
 ' Indians, for lavishly prostituting, especially at that 
 ' place, their maidens and daughters to our Nether- 
 ' landers : Otherwise it is by David Pietersz de Uries, 
 * who about the year 1630 first endeavoured to settle 
 ' there, called Swanendal.' 
 
 The above description however, in the general true 
 
 at the time it was wrote, leaves room for a doubt, 
 
 at least as to the origin of the name.o- The probability 
 
 lies that it arose from the creeks winding much in the 
 
 shape of a horn ; whence the Dutch (and not the 
 
 Swedes) first took occasion to call it the Hoernkill ; this 
 
 is the tradition of the inhabitants there. Soon after 
 
 English possession, it got the name of Lewis-Town, 
 
 by which it is mostly called : It is situate at the mouth 
 
 . Alteration Qf Delaware bay.p- and is the general resort for pilots, 
 in 3. cr66i£ 
 
 and chan- waiting to convoy vessels up the river : Where the 
 nel. creek is described deep and sandy, is now a mowing 
 
 marsh : The channel also by the Hoarkill, then used 
 for vessels to pass, is diminished to about a hundred 
 yards breadth at the mouth : The two islands, one very 
 small, and the other but half a league in circumference, 
 
 are 
 
 n. The whole country from New- York to Pennsylvania, being 
 then so called ; 'tis observable, that this author through the whole, 
 gives the South river greatly the preference. 
 
 0. C. Golden in his history of the five nations pa. II. relates a 
 custom of the same kind among them, but there does not appear 
 sufficient foundation to suppose these Indians originally justly charge- 
 able with such a practice, at least of the tribes generally; and the 
 relation of the Swedes is not in every instance to be depended on: 
 bad as the Indians now appear, and have many of them prov'd, tliey 
 were formerly better ; in a case doubtful 'tis perhaps best to err on the 
 charitable side. 
 
 p. The Delaware probably got it's name from ' the lord Delaware, 
 'who sailed in a ship of 250 tons, in A}>ril 1618, with 200 people 
 ' for Virginia, but died at sea. Princess N. E. Chronology, p. 54. 
 
Of NEW-JERSEY. 
 
 59^ 
 
 are now the first supposed to be ten, and the last thirty A. D. 
 times as large as there described ; and this alteration 
 in about a hundred years. 
 
 CHAP. IV. 
 
 King Charles the second, and duJce of York's grants,, 
 whence lord Berkely and sir George Carteret, became 
 seized of New- Jersey : The first constitution of govera- 
 ment under them : The settlement of Bergen, Middle- 
 town, Shrewsbury, and, Elizabeth- Town. Philip 
 Carteret appointed governor of Jersey: The Indian 
 piiKchase of Elizabeth- Town, by the settlers ; and the 
 first general Indian purchase by the proprietor, &g. 
 
 TH E right of the crown of England to these 
 provinces indisputably founded, as before 
 deduced, King Charles the second, did by letters K. Char- 
 patent, bearing date the twentieth day of March,, grant, 
 1664, for the consideration therein mentioned,, grant 
 unto James, duke of York, his heirs and assigns,. 
 ' all that part of the main land of New-England, 
 ' beginning at a certain place, called or known by the 
 ' name of St. Croix, near adjoining to New-Scotland, 
 ' in America ; and from thence extending along the 
 ' sea coast, unto a certain place called Peniaquie or 
 ' Pemaquid, and so up the river thereof, to the furthest 
 ' head of the same, as it tendeth northward ; and ex- 
 ' tending from thence to the river of Kimbequin, and 
 ' so upwards by the shortest course, to the river Canada 
 ' northwards ; and also all that island or islands, com- 
 ' monly called by the several name or names of Mato- 
 ' wacks or Long-Island, situate and being towards 
 ' the west of Cape-Cod, and the narrow Higansetts, a 
 ' butting upon the land between the two rivers, there 
 ' called or known by the several names of Connecticut 
 'and Hudson's river; together also with the said river 
 
 ' called 
 
€0 
 
 The history 
 
 -release. 
 
 A. p. < called Hudson's river ; and all the land from the west 
 1669. I gj^g q£ Connecticut river, to the east side of Delaware 
 '■ bay ; and also several other islands and lands in the 
 ' said letters ])atent mentioned ; together with the 
 'rivers, harbours, mines, minerals, quarries, woods, 
 ' marsiies, waters, lakes, fishings, hawking, hunting 
 ' and fowling, and all other royalties, profits, comrao- 
 ' dities and heriditaments to the said several islands, 
 ' lands and premises, belonging or appertaining.' 
 Turk's The duke of York being thus seized, did by his 
 
 lease and deeds of lease and release, bearing date the 23(i, and 
 24th days of June, 1664, in consideration of a 'coni- 
 'petent sum of money,' grant and convey unto John 
 lord Berkely, baron of Stratton, one of the kings 
 privy council ; and sir George Carteret, of Saltrum, 
 in the county of Devon, knight, and one of the,privy 
 council, 1 and their heirs and assigns forever ; all that 
 'tract of land adjacent to New-England, and lying 
 ' and being to the westward of Long-Island and 
 ' Manhattas island ; and bounded on the east part by 
 ' the main sea, and part by Hudson's river ; and hath 
 ' upon the west, Delaware bay or river ; and extendeth 
 'southward to the main ocean as far as Cape-May, 
 ' at the mouth of Delaware bay ; and to the north- 
 ' ward as far as the northernmost branch of the said bav 
 ' or river of Delaware ; which is in 41 deo-rees and 
 ' 40 minutes of latitude, and crosseth over thence in a 
 ' straight line to Hudson's river, in 41 degrees of 
 ' latitude; which said tract of land is hereafter to be called 
 ' Nova-Cesaria or New- Jersey ; and also all rivers, 
 
 * mines, minerals, woods, fishings, hawkings, huntings, 
 
 * and fowlings, and all other royalties, profits, com- 
 
 * modities, and heriditaments whatsoever to the said 
 
 ' lands 
 
 q. Sir George Carteret was gevernor of Jersey, and lield it for 
 K. Charles ii in the troubles of 1649, — expelled the house of com- 
 mons, in 1669 for confused accounts, as chamberlain. Smollet. 
 
 Treasurer of the navy, and vice chamberlain of tiie king's house- 
 hold. Clarendon. 
 
Of NEW-JERSEY. 
 
 ' lands and premises, belonging or in any wise appear- A. D. 
 ' taining, with their and every of their appurtenances 
 ' in as full and ample manner as the same is granted 
 ' unto the said duke of York, by the before recited 
 ' letters patents. 
 
 The Lord Berkeley, and sir George Carteret, in Berkley 
 
 f> , 1 • 1 • , and Carte- 
 
 consequence 01 this conveyance, now sole proprietors ^Q^>^ i^^^^ 
 
 of New-Jersey, for the better settlement thereof, constitu- 
 agreed upon certain constitutions of government; 
 which were so well relished, that the eastern parts of 
 the province were soon considerably peopled. 
 
 This was the first constitution of New-Jersey, and it 
 continued entire, till the province became divided in 
 1676. Sir George Carteret, then the only proprietor 
 of the eastern division, confirm'd and explained the 
 concessions, with a few additions. The county of Bergen Bergea. 
 was the first settled place,, a great many dutch being 
 already there, when the province was surrendered, .re- 
 mained under the English government. A few Danes 
 were probably concerned in the original settlement of 
 this county, whence came Bergen, after tlie capital of 
 Norway. The manner of originally settling is singular, 
 but small lots where their dwelling houses are, and 
 these contiguous in the town of Bergen : Their plan- 
 tations which they occupy for a livelihood, are at 
 some distance ; the reason of fixing thus, is said to be 
 through fear of the numerous Indians in the early 
 times of their settlement, about forty or fifty years 
 before the surrender, s. It 
 
 r. Vide. Appendix, numb. i. 
 
 s. The date of the Dutrh settlement, will be nearly a^scertained 
 by the following extrtct. — '.\s some unknown country further 
 'so'ithivard, about Hudson's river w is in their view (meaning ihe 
 ' Plymmiili oolonv) when ihey engaifed in this adventnrons voyage, 
 ' Mr. \['irton who publi-ihed his m'^morial in 1620 tells us, he had 
 'then bitely snr ■ inielii'/enc>^ that the Dutch intending to settle a 
 ' cobiny there of their own. privately hired tiie master of the ship to 
 'contrive delays in, England, then to. steer theta to, these northern 
 
 ' coasts 
 
*62 
 
 The history 
 
 A. D. 
 
 1669. 
 
 Indian 
 purcliase 
 of Eliza- 
 beth Town 
 
 and 
 Nicoll's 
 patent. 
 
 Freehold. 
 
 Elizabeth, 
 Newark, 
 Middie- 
 town and 
 Shrews- 
 bury. 
 
 It was in 1664, that John Bailey, Daniel Denton, and 
 Luke Watson, of Jamaica, on Long-Island, purchased 
 of certain Indian chiefs, inhabitants of Staten-Island ; 
 a tract or tracts of land, on part of which the 
 Town of Elizabeth now stands ; and for which (on 
 their petition) governor Richard Nicolls granted a 
 deed or patent to John Baker of New- York, John 
 Ogden, of Northampton, John Bailey, and Luke 
 Watson, and their associates ; dated at fort James, 
 in New- York, the second of December.^- Tliis 
 was before lord Berkely's and sir George Carteret's 
 title was known ; and by this means, this part of 
 the province had some few very early settlements, 
 whether Middletown and Shrewsbury had not Dutch 
 and English inhabitants before, we are not authorized 
 to say : About this time however, was a great resort of 
 industrious reputable farmers ; the English inhabitants 
 from the west end of Long-Island, almost generally 
 removed to settle hither; and most of them fixed 
 about Middletown, from whence by degrees, they 
 extended their settlements to Freehold and thereabouts. 
 To- Shrewsbury there came many families from New- 
 England : There were very soon four towns in the 
 province, viz. Elizabeth, Newark, Middletown, and 
 Shrewsbury.; and these with the country round, were 
 in a few years plentifully inhabited, by the accession 
 of tlie Scotch, of whom there came a great many, 
 such settlers as came from England, those of the Dutch 
 that remained, and :those from the neighbouring 
 
 colonies. 
 
 Lord 
 
 ' coasts, and there under pleas of shoals and winter to discoiu-age 
 'them tVoni venturitig-farther. — Agreeable to tiiis, while the ICnglisli 
 ' Leydeners (i. e. the said Plymouth coinpnuy) were preparing for 
 'theij: voyage, as oapt. Dormer returned from Virsfinia to New- 
 ' England, lie met certain Hollanders, sailing for Hudson's riv<r, 
 'where they had had a trade for several years. Frince's N. E. 
 ' ChroaoL p: 83, 84;' 
 
 't. This is wiial is commonly called the Elizabeth-Town grant. 
 
Of NEW-JERSEY. 
 
 63 
 
 Lord Berkely and sir George Carteret having agreed jq^' 
 
 upon their concessions, appointed Philip Carteret Carte- 
 
 governor of New-Jersey, and gave him power with retgover- 
 
 the advice of the major part of the council, to grant 
 
 lands to all such as by the concessions were entitled 
 
 tliereto, and tho' there is no provision in the concessions 
 
 for bargaining with the Indians,^- Governor Carteret 
 
 on his arrival thought it prudent to purchase their pm-^hasea 
 
 ritrhts: This was to be done for sums inconsiderable, oftheln- 
 
 dians 
 
 in comparison with the damage a neglect might 
 have occasioned,^- For though the Indians about the 
 Eno-Iish settlements, were not at this time considerable 
 as to numbers, they were strong in their alliances, and 
 besides of themselves could easily annoy the out 
 plantations; and there having been before several 
 
 considerable 
 
 u. This in 1672 was supplied by particular instructions directing 
 that tlie o;()vern()r and council Kliouid purchase all lands from the 
 Indians and be reimbursed by the settlers, as they made their pur- 
 chases. 
 
 X. Richard Hartshorne, a considerable setler at Middletown, who 
 catne over in this year hud like to have experienced some (disadvantage 
 from I his nrgiecl in the- patentees of that town, ' The Indians says he 
 'came lo my house, and laid their hands on the post and frame of 
 'the house and said that house was theirs, they never had auy thing 
 'for it, and tt) d me if I would not buy the land, I must be gone. 
 ' But I minded it not, thinking it was Davis's land, and they 
 ' w:mted to get sometliing of me ; they at last told me they would kill 
 ' my cattle and burn my hay. if I would not buy tlie land nor begone; 
 'then I wi-nt to the Patentees, which were James Grover, Richard 
 'Stout, Jolin Bound, and Richard Gibbons; they told me it was 
 'never bought, nor had the Indians any tiling for it. ISiicol Is desired 
 'ofihi'm and tlie Indians also, only to have leave to stt a trading 
 ' liuiise, and at tliat time they did not intend any one should iiave the 
 'Ian I, but keep it for the use of the country, always giving leave 
 ' tor any uuiu to tra^le with goods and not otherwise ; but 1 told them 
 ' [ would noi live on those terms, and not only so, but it was dan- 
 ' serous, for tiie Indians threatned to kill my cattle ; they told me no 
 'man had power to buy, but the patentees, and they would buy it; 
 'thus it continued some months. I considered the thing as well aa 
 'J then was cafiable, and went to Gravesend and bought William 
 'Goulder out, and vvlien I came back tiie Indians were at me and I 
 'did. James Grover, Richard Stout, Samuel Spicer were at Wake- 
 *cal<e, wlu-n I bought Wake-cake and paid for it, I being then a 
 ''Patent(,e as well as tlie rest.' 
 
64 
 
 The history 
 
 A. D. considerable skirmishes between the Dutch and them, 
 in which some blood had been spilt, their friend- 
 ship on this consideration it was thought stood but 
 ticklish : Upon the whole, the governor so ordered it, 
 that the comers were either to purchase of the Indians 
 themselves, or if the lands were before purchased, thej 
 were to pay their proportions : The event answered his 
 expectation, for as the Indians parted with the lands 
 to their own satisfaction, they became of a jealous, 
 shy people, serviceable good neighbours, and though 
 frequent reports of their coming to kill the white peo- 
 ple, sometimes disturbed their repose, no instance occurs 
 of their hurting them,2/- in those early settlements. 
 
 In the Dutch skirmishes with the Indians, it is said 
 the English from Long-Island, together with such as 
 were settled among the Dutch, used to join the latter 
 in frequent excursions up the rivers to annoy or figure 
 among the Indians : There is a tradition, that in one of 
 Dutch at- those expeditions up a Jersey river, one of the company 
 the'^indi- ^^^ore curiosity or boldness than the rest, went at 
 
 ans. some distance in the country to discover an Indian town, 
 
 which at last he did, by coming upon it before he was 
 well aware of his situation ; there were many seated 
 quietly together; at the instant he saw them, they saw 
 him, he was surprized, but quickly recollecting him- 
 self, took a paper out of his pocket, and with that 
 bohily went up, telling them it was proposals from the 
 government at York, and read at random such things 
 as came into his head ; by this stratagem he got off 
 unmolested, and discovering at York what he had seen, 
 told the government, if they would send a party against 
 them he would be their pilot: A party was accordingly 
 sent, coming upon tlie Indians in the night, some of 
 them found means to get in to windward of their little 
 
 town, 
 
 y. That is the English here spoken of. 
 
 1669. 
 
 Tradition 
 of the 
 
Of NEW-JERSEY. 
 
 65 
 
 town and settins; fire to it, burnt the whole down : their A. D. 
 wigwams were built close together, and made of flags, 
 bushes, and other light combustible matter, covered 
 with the bark of trees, so that the fire burnt with vio- 
 lence ; the Indians notwithstanding their surprise, took 
 to their bows and arrows, and used them with dexterity 
 and courage, till being overpowered, sev^eral of them 
 were destroyed. 
 
 That we may place traditional intelligence of this 
 sort together, we will here venture at one more little 
 occurrence of that kind ; but with this remark, that we 
 pretend to no greater certainty in either, than what 
 arises from the probability of facts supported by esta- 
 blished credit of persons relating them, and the known 
 hostilities at times subsisting between the Dutch and 
 Indians in their early settlement. 
 
 While New- York was in possession of the Dutch, 
 about the time of the Indian war in New-England, a 
 Dutch ship coming from Amsterdam, was stranded 
 on Sandy Ilook,^. but the passengers got on shore; 
 among them was a young Dutchman who had been Case of a 
 sick most of the voyage; he was taken so bad after remarka- 
 landing, that he could not travel ; and the other pas- bly saved 
 sengers being afraid of the Indians, would not stay till Indians. ^ 
 he recovered, but made what haste they could to New- 
 Amsterdam; his wife however would not leave him, 
 the rest promised to send as soon as they arrived : They 
 had not been long gone, before a company of Indians 
 coming down to the water side, discovered them on the 
 beach, and hastening to the spot, soon killed the man, 
 and cut and mangled the woman in such a manner that 
 they left her for dead. She had strength enough to 
 crawl up to some old logs not far distant, and getting 
 
 into 
 
 z. Other accounts say in Delaware, nigh Christeen, but this is 
 most likely to be true. 
 
 E 
 
The history 
 
 into a hollow one, lived mostly in it for several days, 
 subsisting in part by eating the excrescences that grew 
 from it ; the Indians had left some fire on the shore, 
 which she kept together for warmth : having remained in 
 this manner for some time, an old Indian and a young one 
 coming down to the beach found her ; they were soon 
 in high words, which she afterwards understood was a 
 dispute; the former being for keeping her alive, the 
 other for dispatching : After they had debated the point 
 a while, the first hastily took her up, and tossing her upon 
 his shoulder, carried her to a place near where Middle- 
 town now stands, where he dressed her wounds and soon 
 cured her : After some time the Dutch at New- Amster- 
 dam hearing of a white w^oman among the Indians, 
 concluded who it must be, and some of them came to 
 her relief ; the old man her preserver, gave her the choice 
 either to go or stay ; she chose the first : A while after 
 marrying to one Stout, they lived together at Middletown 
 among other Dutch inhabitants ; the old Indian who 
 saved her life, used freqaently to visit her ; at one of 
 his visits she observed him to be more pensive than com- 
 mon, and setting down he gave three heavy sighs ; after 
 the last she thought herself at liberty to ask him what 
 was the matter ? He told her he had something to tell 
 her in friendship, tho' at the risk of his own life, which 
 was, that the Indians were that night to kill all the 
 whites, and advised her to go off for New- Amsterdam ; 
 she asked him how she could get off? he told her he 
 had provided a canoe at a place which he named : Being 
 gone from her, she sent for her husband out of the 
 field, and discovered the matter to him, who not 
 believing it, she told him the old man never deceived 
 her, and that she with her children would go ; accord- 
 ingly going to the place appointed, they found the 
 canoe and paddled off. When they were gone, the 
 husband began to consider the thing, and sending for 
 
 five 
 
Of NEW-JERSEY. 
 
 five or six of his neighbours, they set upon their guard : 
 About midnight they heard the dismal war-hoop ; pre- 
 sently came up a company of Indians ; they first expo- 
 stulated, and then told them, if they persisted in their 
 bloody design, they would sell their lives very dear : 
 Their arguments prevailed, the Indians desisted, and 
 entered into a league of peace, which was kept with- 
 out violation. From this woman, thus remarkably 
 saved, with her scars visible, through a long life, is 
 descended a numerous posterity of the name of Stout, 
 now inhabiting New-Jersey : At that time there were 
 supposed to be about fifty families of white people, 
 and five hundred Indians inhabiting those parts. 
 
 Governor Carteret did not arrive to his government 
 of New-Jersey, till the latter end of the summer, 
 1665; till which time the province M^as under Nicolls's 
 jurisdiction : On the arrival of the former, he sum- 
 moned a council, granted lands, and administered the 
 government on the plan of the general concessions, 
 and took up his residence at Elizabeth-Town, to 
 which it is said he gave the name, after Elizabeth, 
 wife of sir George Carteret: With him came 
 about thirty people ; some of them servants : They 
 brought goods proper for the planting a new country ; 
 and the governor soon afterwards sent persons into 
 New-England, and other places, to publish the propri- 
 etors concessions, and to invite people to settle there; 
 upon which many soon came from thence: some 
 settled at Elizabeth-Town, others at Woodbridge, 
 Piscattaway and Newark: The ship that brought the 
 governor, having remained about six months, retur- 
 ned to England, and the year after made another 
 voyage. Sundry other vessels were from time to time 
 sent by the proprietors with people and goods, to 
 encourage the planting and peopling their lands. 
 Thus the province of East-New- Jersey increased in 
 
 settlement 
 
68 
 
 The history 
 
 A. D. settlement, and continued to grow till the Dutch inva- 
 
 sion in 1673, when they having got possession of the 
 
 country, some stop was put to the English government; 
 
 but the treaty afterwards between king Charles the 
 
 second, and the States general at London 1673-4, put 
 
 all general difficulties of that kind out of dispute ; the 
 
 sixth article whereof is in these words, ' That whatever 
 
 ' country, island, town, haven, castle, or fortress, hath 
 ' been, or shall be taken by either party from the otlier 
 ' since the beginning of the late unhappy war, whetlier 
 * in Europe or elsewhere, and before the expiration of 
 ' the times above limited for hostility, shall be restored 
 ' to the former owner in the same condition it shall be 
 ' in at the time of publishing this peace.' 
 
 Tho' the inhabitants were at variance among them- 
 selves, there was also pretty constantly a resort of settlers 
 ' between the years 1665 and 1673, and they increased 
 fast afterwards. But the Elizabeth-Town purchasers 
 and others, setting up a right, differing in some respects 
 from that of the proprietors, and other incidents 
 falling out, which, though some of them inconsiderable^ 
 and others one would think might then easily have 
 been settled, yet nourished by a more vindictive spirit 
 on all sides than was immediately necessary, they occa- 
 sioned much disturbance."- Carteret going for England 
 Berry. in the summer, 1672, left capt. John Berry his deputy. 
 
 He returned in 1674, and found the inhabitants more 
 disposed to union among themselves, and bringing 
 with him the king's procl'amation, and a fresh commission 
 and instructions from sir George Carteret, he sum- 
 moned the people, and had^ them all published ; which for 
 a while had a good eflfect towards restoring proprietary 
 
 authority 
 
 a. It is notour business to enter particularly into these disturbances 
 
 tliey went in several instances to disreputable lengths. Governor 
 
 Andros of York, in 1680, undertook to dispute governor Carteret 
 of .Jersey's comn)i>sion, and sending to Klizubeth-Town an armed 
 I'orce, seized and carried liim prisoner to New- York. 
 
Of NEW-JEKSEY. 
 
 69 
 
 authority, and the publick peace : He remained gover- A. D. 
 nor till his death in 1682. In his time the general 
 assemblies and supreme courts sat at Elizabeth -Town, 
 and the councils generally : Here the secretary's office, 
 and most other publick offices were held ; here also 
 most of the officers of the government then resided. 
 
 In September 1671, an extraordinary council was 1671, 
 held at New- York ; present. Governor Lovelace, the 
 mayor and secretary of New- York, major Steenwick, 
 governor Philip Carteret, and captain James Carteret 
 of New-Jersey : The occasion was this, William Tomm 
 and Peter Alricks, had just arrived from Delaware, Particu- 
 with the particulars of the Indian murders mentioned murders^^ 
 before, that two christians (Dutch men) had, as there by the In» 
 related, been murdered by some Indians at the island 
 Matinicunk,^' on Delaware : Alricks being present 
 at the council, informed them, the nation of whom 
 these murderers were, consisted of about fifty or sixty 
 persons, and that the mischiefs committed on Delaware 
 this seven years, were said to be done by them : That 
 the Indians their confederates (as it was supposed they 
 would be if a war should follow) were about a thou- 
 sand persons, besides women and children: That two 
 of the saggamores of the nation of the murderers, 
 promised their best assistance, to bring them in, or 
 procure them to be knocked in the head, if counte- 
 nanced 
 
 b. The upper island situate partly between Burlington and Bristol, 
 afterward-* taken up by a proprietary rischt, by Robert Stacy, and 
 by him given to Burlington; and in 1682, confirm'd by a proprie- 
 tary law, for the use of a free school forever. It is detach'd irom 
 the main by a little cliannel occasion'd by the waters of Essiscunk 
 creek. When Gookin, a former governor of Pennsylvania, was 
 about obtaining a graut of the islands in Delaware, it is said the lords 
 of trade excepted this in their report to thekingand council, as having 
 been already occupied; and not, on a footing with the other i-ilands ; 
 it is inconsiderable as to value compared with many of the others, 
 yet long possession and some improvements, have rendered it 
 useful to Burlington. 
 
The history 
 
 nanced by the government; and that many other 
 Indians he met upon the road, much disallow'd of the 
 murder, and were very sorry for it, and offered their 
 assistance against them. Alricks further related, 
 that it was proposed by the sachems, as the best scheme 
 to set upon this nation, to cause a kintecoy to be held ; 
 and that in the midst of their mirth, one should be 
 hired to knock them in the head ; adding, as his own 
 opinion, that the best time to fall upon them was 
 about the 25th October ; because after that their usual 
 manner was to go a hunting, and then they could not 
 be easily found : But now the immediate danger was 
 of their destroying the corn and cattle of the christians, 
 and that the murders were owing to Tashiowyoan, who 
 having a sister dying, expressed great grief for it, and 
 said the Mannetta hath killed m/y sister, and I will go kill 
 the christians; and taking another with him, they toge- 
 ther executed the barbarous facts. 
 
 This information considered, the council concluded, 
 that Thomas Lewis, then bound with his sloop for 
 New-Castle, should be stayed from, his voyage, for 
 three or four days when Alricks and Henry Courtu- 
 rier, would be ready to go with him ; that in the mean, 
 time, general instructions should be drawn to take 
 along with them: That the Governor of New- 
 Jersey, and capt. James Carteret, (then present) should 
 expeditiously order a general assembly to be called in 
 that government, (according to their custom upon all 
 emergent occasions) to know the people's strength and 
 readiness ; and how far they were willing to contribute 
 towards the prosecution of a war against the Indians. 
 That a frequent correspondence be kept between 
 the two governments, and that nothing be done in 
 this Indian War, without mutual advice and consent of 
 both the governors ; unless upon extraordinary oppor- 
 tunity, where advantage against the enemy might 
 suddenly be taken, before notice could be given. 
 
 These 
 
Of new-jersey. 
 
 71 
 
 These resolutions taken, the next step was to tran- A. D. 
 smit instructions to William Tomm, (he was either ' * 
 one of the commissaries appointed by Carre, and the 
 authority at New-Castle, or a kind of deputy under 
 them, up Delaware) that he might forecast how a war 
 might be prosecuted to the best advantage; and it 
 requiring time to get things in order, all the frontier 
 scattering plantations, were immediately to thresh out 
 or remove their corn, and dispose their cattle, so as to 
 receive the less damage by the effects of the war: 
 Next he was to order, that none on pain of death, 
 should presume to sell any powder, shot, or strong 
 waters to the Indians ; and that in the mean time, the 
 inhabitants were to carry (if such a thing was practi- 
 cable) a seeming complacency with the nation of whom 
 were the murderers, either by treaty or traflfick, to 
 prevent suspicion of the designs on foot ; but withall 
 it was directed, that if they would either deliver up 
 the murderers, or their heads ; the English were at 
 liberty to assure them of no disturbance, Lovelace 
 also wrote to Carre upon this occasion, to be vigilant 
 in making preparations for the war ; and as directions 
 could not be punctual, the whole was left to his pru- 
 dent management, with advice of his commissaries. 
 The next council held upon this occasion, was in 
 November, at Elizabeth-Town; present, the gover- 
 nors Lovelace and Carteret, and divers others. Here 
 the season was thought too far advanced, to begin the 
 war; but the magistrates were authorized to treat 
 with the neighbouring Sasquehana Indians, or others, 
 to join together against the murderers, and such as 
 harboured them; and to promise a reward as they 
 should think fit; provided caution was used so as to 
 create no suddeu jealousy ; But this proved unneces- 
 sary ; the Indians uneasy about the murder, were not 
 averse to a full revenge, as the event proved. In 
 December, a parcel of them meeting at Rambo's, 
 
 sent 
 
72 
 
 The history 
 
 A. D. 
 
 1672. 
 
 An Indian 
 shot. 
 
 New- 
 Amstell 
 incorpo- 
 rated. 
 
 Distur- 
 bance at 
 the Hoar- 
 kill. 
 
 sent for Tomm and others, and promised within six 
 days to bring in the murderers, dead or alive : Accord- 
 ingly two Indians sent by the sachems, to take them, 
 coming to Tashowy can's wig-wam in the night; one 
 of them his particular friend ; him he asked if he 
 intended to kill him ; he answered no, but the sachems 
 have ordered you to die : He demanded what his brothers 
 said ; being told they also said he must die, he then 
 holding his hands before his eyes, said kill me: Upon 
 this the other Indian, not his intimate, shot him in 
 the breast : They took his body to Wickaco, and after- 
 wards hung it in chains at New-Castle : The English 
 gave the sachems for this, five matchcoats. The other 
 murderer hearing the shot, ran naked into the woods, 
 and what came of him after, appears not. The Indians 
 upon this death, summoned many of their young men, 
 and before the English, told them, that now they saw 
 a beginning of punishment, and all that did the like 
 should be so served. Thus ended an affair, which 
 while these Indians were a formidable body, looked 
 discouraging. 
 
 The town of New-Castle, in the spring, 1672, was 
 by the government at York, made a corporation, to 
 be governed by a bailiff and six assistants ; after the 
 first year the four old to go out, and four others to 
 be chosen : The bailiff was president, with a double 
 vote ; the constable chosen by the bench ; they had 
 power to try causes as far as ten pounds, without 
 appeal : The English laws were established in the town, 
 and among the inhabitants on both sides Delaware : 
 The office of Schout was converted into a sheriff, for the 
 corporation and river, annually chosen ; and they were 
 to have free trade without being obliged to make entry 
 at New- York, as heretofore had been the practice. 
 
 About this time happened a considerable disturbance 
 at the Hoarkilis : A party from Maryland, headed by 
 
 one 
 
 i 
 
Of NEW-JERSEY. 
 
 one Jones, made an incursion, and binding the ma- 
 gistrates, and other inhabitants, carried off what 
 pkinder they could ; being joined by Daniel Brown, 
 a planter at the Hoarkills ; he was sent to New- York, 
 took his tryal and was convicted ; but on promises of 
 amendment, and a small security for future good 
 behaviour dismissed. With respect to the Marylanders, 
 Lovelace's letter to that governor, shows him to have 
 had some spirit, tho' his character in general was 
 rather that of an upright, but timid governor and good 
 natured man : It is dated the 12th of August, 1672. 
 To Philip Calvert, Esq ; governor of Maryland. 
 Sir, 
 
 ' I thought it had been impossible now in these por- 
 ' tending; boisterous times, wherein all true hearted Governor 
 ' Englishmen, are buckling on their armour to vindi- ^^oveiaces 
 ' cate their honours, and to assert the imperial interest i^^^ 
 ' of his sacred majesty's rights and dominions ; that governor 
 ' now without any j ust grounds, either given or pre- ^ Mary- 
 ' tended, such horrid outrages should be committed * 
 ' on his majesty's liege subjects, under the protection 
 'of his royal higliness's authority, as was exercised 
 ' by one Jones, who with a party as dissolute as himself, 
 ' took the pains to ride to the Hoarkills, where 
 ' in derision and contempt of the duke's authority, 
 ' bound the magistrates and inhabitants, dispitefully 
 ' treated them, rifled and plundered them of their 
 ' goods ; and when it was demanded by what authority 
 ' he acted, answered in no other language but a cock'd 
 ' pistol to his breast ; which if it had spoke had for- 
 ' ever silenced him. I do not remember I have heard 
 ' of a greater outrage and riot committed on his 
 ' majesty's subjects in America, but once before in 
 ' Maryland : You cannot but imagine his royal high- 
 ' ness will not be satisfied with these violent proceed- 
 ' ings, in which the indignity rebounds on him : 
 ' neither can you but believe it is as easy an under- 
 ' taking, for me to retaliate the same affront on Jones's 
 
 head, 
 
 A. D. 
 
 1672. 
 
74 
 
 The hist O R Y 
 
 A. D. 
 
 1672. 
 
 Governor 
 Lovelace 
 to Carre. 
 
 head, and accomplices, as he did on those indefen- 
 cible inhabitants : But I rather chuse to have first a 
 more cahn redress from you; to whom I now appeal, 
 and from whom may in justice expect that right in 
 the castigation of Jones cum socies, that your 
 nature and the law has provided for; otherwise I 
 must apply myself to such other remedies as the 
 exigence of this indignity shall persuade me to : 
 Thus leaving it to your consideration, I shall remain 
 your very humble servant, 
 
 Fe. Lovelace/ 
 Governor Lovelace also wrote to capt. Carre upon 
 this occasion. 
 Sir, 
 
 ' The ktters you sent by the express over land came 
 safe to my hands, with the inclosed relation and 
 papers concerning the Hoarkill, and the Marylanders 
 forcibly possessing themselves of the place, as also 
 of the goods and estates of some of the inhabi- 
 tants, of which we had some rumours before, but 
 did not give much credit to it; supposing what 
 was done before, to be the rash action of some private 
 person ; not thinking the authority of Maryland 
 would invade his royal highness's territories, which he 
 hath been possess'd of for near eight years, without 
 giving the least overture of it to me, who am his 
 royal highness's deputy : Their former violent action 
 and force, upon those poor unarm'd people, together 
 with the particulars of their plunders, I had immediate 
 opportunity of transmitting to his royal highness by a 
 ship then bound away for London, the which I made 
 use of, and recommended their case; and I hope it 
 hath long e'er this arrived to his hands ; so that some 
 directions about it may be expected in a short time ; 
 till when I think it best for the present to leave matters 
 there as they are ; but as to the cloud which likewise 
 hangs over your heads at Delaware, which it is said 
 they are making preparations to invade ; my instruc- 
 tions and orders to you, and the officers in general. 
 
 are, that you put yourselves in the 
 
 best posture of 
 defence 
 
Of new-jersey. 
 
 75- 
 
 * defence possibly you can, by fitting up the fort in the A. D. 
 ' town, keeping your companies in arms, both there 
 
 ' and up the river ; who are to provide themselves with 
 
 * fitting ammunition ; and that all soldiers be at an hour's 
 ' warning upon any alarm or order given ; and that at 
 ' the town especially, you make your guards as strong 
 ' as you can, and keep a strict watch ; and if any enemy 
 ' comes to demand the place, that you first desire to- 
 ' know their authority and commission, and how it 
 ' comes to pass those of Maryland should now make 
 ' such an invasion, after so long quiet possession of those 
 ' parts by his royal highness's deputies, under his maje- 
 ' sty's obedience, and by other nations before that,, 
 ' several years before the date of the lord Baltimore's 
 ' patent, whom they never disturbed by arms, and 
 ' whose right is now devolved upon the duke. Stand 
 ' well upon your guard, and do not begin with them,. 
 ' but if they first break the peace by firing upon your 
 ' guards, or any such hostile action, then use all possi- 
 ' ble means to' defend yourselves and the place, and 
 ' command all his majesty's good subjects to be aiding 
 
 * and assisting to you ; who I hope will not be wanting 
 ' to their abilities : In all matters of concern, you 
 ' are to take advice of the chief officers there. 
 
 'This will come to you by your bailiff, Mr. Peter 
 ' Alricks, who is hastening over land, to secure his 
 ' affairs there, in this portending invasion, and to givo 
 ' his best help for the safeguard of the place, and his 
 ' royal highness's interest upon all occasions : Fail not 
 
 * to send an express to me, by whom I shall give you such 
 ' further directions and assistance as will be requisite f 
 
 * and if occasion should be, will come over myself in 
 ' person ; though the spring would be more suitable for 
 ' me than a winter voyage ; so recommending all things 
 ' to your care and vigilance, of which I expect a good 
 ' account : I conclude, being your very loving friend, 
 
 < Fort James, in New- York, I • Lovelace ' 
 
 ' this 7th October, 1672. / ^ ^^"^^''^ i-oveiace. 
 
 The 
 
76 
 
 The history 
 
 A. D. 
 
 1672. 
 
 New- 
 Castle, &c. 
 plundered 
 •by priva- 
 teers. 
 
 Wampum. 
 
 1673. 
 
 1674. 
 
 Sir George 
 Carteret's 
 instructi- 
 ons. 
 
 The inliabitants at ISTew-Castle and the Hoarkills, 
 also suffered considerable losses, by Dutch privateers 
 plundering their effects. For reparation, they were 
 permitted by the government to lay an imposition, and 
 power given to the magistrates, to levy and receive 
 upon each anchor of strong liquors spent or disposed of 
 among them, the value of four guilders in wampum,c. 
 but this to continue for one year only, as a tryal of its 
 utility. 
 
 Wampum was the chief currency of the country ; 
 Great quantities had been formerly brought in, but 
 the Indians had carried so much away, it was now 
 grown scarce ; and this was thought to be owing to its low 
 value. To increase it, the governor and council at York 
 issued a proclamation in 3 673, that instead of eight 
 white and four black, six white and three black wam- 
 pums should pass in equal value as a stiver or penny ; 
 and three times so much the value in silver. This pro- 
 clamation was published at Albany, Eusopus, Dela- 
 ware, Long-Island, and parts adjacent. 
 
 Mention was made that sir George Carteret by his 
 instructions to governor Carteret, confirmed the original 
 concessions with additions and explanations : These bore 
 date the ISth of July 1674: Among other things they 
 direct, that the governor and council should allow eighty 
 acres per head, to settlers above ten miles from the sea, 
 the Delaware, or other river, navigable with boats; 
 
 and 
 
 c. Eight white wampum or foiir black, passed at this time as a 
 stiver, twenty stivers made what tliey called a guilder, which was 
 about six pence present currency. The white wampum was worked 
 out of the inside of the great conques into the form of a bead, and 
 perforated to string on leather. The black or purple was worked 
 out of the inside of the mussell or clam-shell, they were sometimes 
 wove as broad as ones hand, and about two feet long ; these the 
 Indians call belts, and commonly give and receive at treaties, as 
 seals of their friendship : For lesser matters a single string is given. 
 Every bead is of a known value, and a belt of a less number is made 
 to equal one of a greater, by so many as is wanting fastened to the 
 belt by a string. 
 
Of new-jersey. 
 
 77 
 
 and to those that settled nearer, sixty acres : That the land 
 should be purchased from the Indians, as occasion 
 required, by the governor and council, in the name of 
 the proprietors, who were to be repaid by the settlers 
 with charges That all strays of beasts at land, and 
 wrecks at sea, should belong to the proprietor ; and that 
 all persons discovering any such thing, should have 
 satisfaction for their pains and care, as the governor and 
 council might think fit. 
 
 CHAP. V. 
 
 Major Andros appointed governor at New- York : Takes 
 possession at Delaware : Arrival of the first English 
 settlers to West- Jersey, under the duke of York's title: 
 Lord Berkely assigns his moiety of New- Jersey to Byl- 
 linge, and he in trust to others : Their letter and first 
 commission: New-Jersey divided into the provinces, 
 East and West- Jersey ; and the declaration of the West- 
 Jersey proprietors. 
 
 ABOUT the month of October 1674, major Ed- 1674. 
 mund Androse. arrived governor, under the duke 
 of York ; he soon after authorized captain Cantwell Major 
 and William Tomra, to take possession of the fort and ^"dros. 
 stores at New-Castle, for the king's use, pursuant to 
 the late treaty of peace, and to take such other measures 
 for their settlement and repose at New-Castle, the Hoar- 
 kills, and other parts of Delaware, as they thought 
 best; requiring them to comport themselves towards 
 
 the 
 
 d. A paragraph of this fort, is also inserted in one of the 
 letters of instruction from lord Berkely and sir George Carteret, 
 in conjunction, in 1672, 
 
 e. He was afterwards knighted ; he bore the unfavourable cha- 
 racter of an arbitrary governor, who made the will of his despotic 
 master (James ii.) and not the law, the chief rule of his conduct. 
 
78 
 
 The HISTOEY 
 
 A. D. the nei8:hbourinai: colonies in an amicable manner. 
 1674 
 
 Proclama- This done, he published a proclamation in the words 
 
 ion. following : 
 
 ' Whereas it hath pleased his majesty and his royal 
 ' highness, to send me with authority, to receive this 
 'place and government from the Dutch, and to con- 
 ' tinue in the command thereof under his royal high- 
 ' ness, who hath not only taken care for our future 
 ' safety and defence, but also given me his commands 
 ' for securing the rights and properties of the inhabi- 
 ' tants, and that I should endeavour by all fitting 
 ' means, the good and wellfare of this province, and 
 'dependencies under his government; that I may not 
 ' be wanting in any thing that may conduce thereunto, 
 ' and for the saving of the trouble and charge hither, 
 ' for the satisfying themselves in such doubts as might 
 ' arise concerning their rights and properties upon the 
 ' change of government, and wholly to settle the minds 
 ' of all in general, I have thought fit to publish and 
 ' declare, that all former grants, privileges or conces- 
 ' sions heretofore granted, and all estates legally posses- 
 sed by any under his royal highness, before the late 
 ' Dutch government, (as also all legal judicial proceed- 
 ' ings during that government, to my arrival in these 
 ' parts) are hereby confirmed, and the possessor by 
 ' virtue thereof, to remain in quiet possession of their 
 ' rights : It is hereby further declared, that the known 
 ' book of laws formerly established and in force under 
 ' his royal highness's government, is now again con- 
 ' firmed by his royal highness ; the which are to be 
 ' observed and practised, together with the manner and 
 ' time of holding courts therein mentioned as hereto- 
 ' fore ; and all magistrates and civil officers belonging 
 ' thereunto, to be chosen and established accordingly. 
 ' Given under my hand in New-York, this 9th day of 
 ' November, in the twenty-sixth year of his majesty's 
 ' reign, annoque domini 1674.' 
 
 Andros being now seated in his government, we 
 
 :8hall leave him., and take a view of other matters: 
 
 First 
 
 J 
 
Of NEW-JERSEY. 
 
 79 
 
 First respecting the arrival of a few passengers from A. D. 
 
 England to West-Jersey : One moiety or half part of 
 
 the province of New-Jersey, belonged to the lord Ber- First arri- 
 
 keley, and now about was sold to John Fenwick, in t^' 
 
 /. TT 1 1 'J ersey. 
 
 trust for Edward Byllinge and his assigns. Fenwick 
 
 in 1675, set sail to visit the new purchase in a ship from 
 London, called the Griffith; arriving after a good 
 passage, he landed at a pleasant rich spot, situate near 
 Delaware, by him called Salem, probably from the 
 peaceable aspect it then bore. He brought with him 
 two daughters, and many servants, two of which, 
 Samuel Hedge and John Adams, afterwards married 
 his daughters ; other passengers were, Edward Champ- 
 ness, Edward Wade, Samuel Wade, John Smith and 
 wife, Samuel Nichols, Richard Guy, Richard Noble, 
 Richard Hancock, John Pledger, Hipolite Lufever, 
 and John Matlock; these, and others with them, were 
 masters of families. This was the first English ship 
 that came to West- Jersey, and none followed for 
 near two years, owing probably to a difference between 
 Fenwick and Byllinge. 
 
 But this difference being settled to the satisfaction of 
 both parties, by the good offices of William Penn, 
 Byllinge agreed to present his interest in the province of 
 New- Jersey, to his creditors, as all that he had left, 
 towards their satisfaction, and desir'd Penn to join 
 Gawen Lawrie and Nicholas Lucas (two of his creditors) 
 and they together to be trustees : Penn at first unwilling, 
 was by the importunity of some of the creditors, pre- 
 vailed on; and with the others accepting the charge, 
 they became trustees for one moiety or half part of the 
 province ; which tho' yet undivided, necessity pressing, 
 they soon sold a considerable number of shares of their 
 propriety to different purchasers, who thereupon became 
 proprietors (according to their different shares) in 
 ■common with them ; and it being necessary that some 
 
 scheme 
 
80 
 
 The history 
 
 scheme should be fallen upon, as well for the better 
 distribution of rights to land, as to promote the settle- 
 ment, and ascertain a form of government; con- 
 cessions were drawn, mutually agreed on, and signed 
 by some of the subscribers,^- (for they did not all sign 
 at once.) It was next the business of the proprietors, 
 who held immediately under lord Berkely, to procure 
 a division of the province, which after some time was 
 effected ; and then as an expedient for the present 
 well ordering matters, they wrote the following letter o 
 
 T-,. , 1 TT 1 London, 26th of 
 
 1676. Richard Hartshorne. the 6th month, 1676. 
 
 ' We have made use of thy name in a commission 
 'and instructions, which we have- sent by James Wasse, 
 ' who is gone in Samuel Groome's ship for Maryland ; 
 ' a copy of which is here inclosed, and also a copy of a 
 ' letter we have sent to John Fenwick, to be read to 
 ' him in presence of as many of the people that went 
 'with him as may be; and because we both expect, 
 ' and also entreat, and desire thy assistance in the same 
 ' we will a little shew things to thee, that thou may 
 ' inform not only thyself, but friends there ; which in 
 ' short is as follows. 
 
 ' 1st. We have divided with George Carteret, and 
 ' have sealed deeds of partition, each to the other ; and 
 ' we have all that side on Delaware river from one end 
 ' to the other ; the line of partition is from the east side 
 ' of little Egg Harbour, straight North, through the 
 ' country, to the utmost branch of Delaware river ; with 
 ' all powers, privileges, and immunities whatsoever : 
 ' ours is called New West- Jersey, his is called New 
 ' East- Jersey. 
 
 ' 2d. We have made concessions by ourselves, being 
 ' such as friends here and there (we question not) will 
 ' a|)prove of, having sent a copy of them by James 
 ' Wasse ; there we lay a foundation for after ages to 
 ' understand their liberty as men and christians, that they 
 
 ' may 
 
 e. Appendix numb. ii. 
 
 A. D. 
 
 1675. 
 
 Western 
 concessions. 
 
 J 
 
Of new-jersey. 81 
 
 ' may not be brought in bondage, but by their OM^n A. "D. 
 
 ' consent ; for we put the power in the people, that 
 
 ' is to say, they to meet and choose one honest man 
 
 ' for each propriety, who hath subscribed to the conces- 
 
 ' sions ; all these men to meet as an assembly there, to 
 
 ' make and repeal laws, to choose a governor, or a com- 
 
 ' missioner, and twelve assistants, to execute the laws 
 
 ' during their pleasure ; so every man is capable to 
 
 ' choose or be chosen : No man to be arrested, con- 
 
 ' demned, imprisoned, or molested in his estate or 
 
 ' liberty, but by twelve men of the neighbourhood : 
 
 ' No man to lie in prison for debt, but that his estate 
 
 ' satisfy as far as it will go, and be set at liberty to 
 
 ' work : No person to be called in question or molested 
 
 ' for his conscience, or for worshipping according to 
 
 ' his conscience ; with many more things mentioned 
 
 ' in the said concessions. 
 
 ' 3. We have sent over by James Wasse, a com- 
 ' mission under our hands and seals, wherein we im- 
 * power thyself, James Wasse and Richard Guy, or 
 ' any two of you, to act and do according to the in- 
 ' structions, of which here is a copy ; having also sent 
 ' some goods, to buy and purchase some land of the 
 ' natives. 
 
 ' 4. We intend in the spring to send over some more 
 'commissioners, with the friends and people that 
 'coraeth there, because James Wasse is to return in 
 ' Samuel Groom's ship for England : for Richard Guy, 
 ' we judge him to be an honest man, yet we are afraid 
 Hh'dt John Fenwick will hurt him, and get him to 
 'condescend to things that may not be for the good 
 ' of the whole ; so we hope thou wilt ballance him to 
 'what is just and fair; that John Fenwick betray him 
 ' not, that things may go on easy without hurt or jar ; 
 ' which is the desire of all friends ; and we hope West 
 ' Jersey will be soon planted ; it being in the minds of 
 ' many friends to prepare for their going against the 
 ' spring. 
 
 P 5. Having 
 
82 
 
 The history 
 
 A. I). ' 5. Having thus far given thee a sketch of things, 
 
 1^76. ( come now to desire thy assistance, and the assistance 
 ' of other friends in your parts ; and we hope it will 
 ' be at length an advantage to you there, both upon 
 truth's account, and other ways; and in regard many 
 ' families more may come over in the spring to Delaware 
 
 * side, to settle and plant, and will be assigned by us to 
 ' take possession of their particular lots ; we do entreat 
 ' and desire, that thou, knowing the country, and how 
 ^ to deal with the natives ; we say, that thee, and some 
 ' other friends, would go over to Delaware side, as soon 
 ^ as this comes to your hands, or as soon as you can 
 ' conveniently ; and James Wasse is to come to a place 
 ' called New-Castle, on the other side of Delaware 
 ' river, to stay for thee, and any that will go with 
 ' him ; and you all to advise together, and find out a 
 ' fit place to take up for a town, and agree with the 
 ' natives for a tract of land ; and then let it be surveyed 
 ' and divided in one hundred parts ; for that is the 
 ' method we have agreed to take, and we cannot alter 
 
 * it ; and if you set men to work to clear some of the 
 ' ground, we would be at the charges ; and we do 
 ' intend to satisfy thee for any charge thou art at, and 
 ^ for thy pains : This we would not have neglected ; for 
 ' we know, and you that are there know, that if the 
 
 * land be not taken up before the spring, that many 
 ' people come over there, the natives will insist on high 
 ' demands, and so we shall suffer by buying at dear 
 ' rates, and our friends that cometh over, be at great 
 ' trouble and charges until a place be bought and 
 ' divided ; for we do not like the tract of land John 
 ' Fenwick hath bought, so as to make it our first settle- 
 ' ment ; but we would have thee and friends there, to 
 ' provide and take up a place on some creek or river, 
 ' that may lie nearer you, and such a place as you 
 
 * may like ; for may be it- may come in your minds to 
 
 * come over to our side, when you see the hand of the 
 ' Lord with us ; and so we can say no more, but leave 
 
 * the thing with you, believing that friends there will 
 
 * have a regard to friends settling, that it may be done 
 
Of NEW-JERSEY. 
 
 83 
 
 * ill that way and method, that may be for the good of A. D. 
 
 * the whole ; rest thy friends, 
 
 Gawen Laurie, 
 William Penn, 
 Nicholas Lucas, 
 E. Byllinge, 
 N Q - 4* JoHJsr Edridge, 
 
 O O <> t: Edmond Warner. 
 
 'London, the 18th of 6th month called August, 1676. 
 
 'We whose names are hereunder subscribed, do Proprie- 
 give full power, commission and authority, unto ^'^^'^ 
 James Wasse, Richard Hartshorne and Richard Guy, to Jariie« 
 or any two of them, to act and do for us according Wasse and 
 to the following instructions; and we do engage to gl^'^g"^^ 
 ratify and confirm whatsoever they shall do in prose- hor'ne' &c. 
 cution of the same. 
 
 ' 1. We desire you to get a meeting with John Fen- 
 wick, and the people that went with him, (but we 
 would not have you tell your business,) until you get 
 them together ; then show and read the deed of parti- 
 tion with George Carteret ; also the transactions be- 
 tween William Penn, Nicholas Lucas, Gawen Lawrie, 
 John Edridge and Edinond Warner, and then read 
 our letter to John Fenwick and the rest, and shew 
 John Fenwick he hath no power to sell any land there, 
 without the consent of John Edridge and Edmond 
 Warner. 
 
 ' 2. Know of John Fenwick, if he will be willing 
 peaceably to let the land he hath taken up of the 
 natives be divided into one hundred parts, according 
 to our and his agreement in England, casting lots for 
 the same, we being willing that those wlio being 
 settled and have cultivated ground now with him, shall 
 enjoy the same, without being turned out, although 
 they fall into our lots : Always provided, that we be 
 reimbursed the like value and quantity in goodness out 
 of John Fenwick's lots : And we are also content to 
 pay our ninetieth parts of what is paid to the natives 
 for the same, and for what James Wasse hath pur- 
 
 ' chased 
 
84 
 
 The history 
 
 A. D. < chased of John Fen wick, and he settina; out the same 
 
 1 One* c> 
 
 xD/o. 'unto him, not being in a place to be allotted for a 
 ' town upon a river, but at a distance, and the said 
 ' John Fenwick allowing us the like value in goodness 
 ' in some other of his lots ; we are willing he shall 
 ' possess the same from any claiming by or under us • 
 ' and for the town lots we are willing he enjoy the same 
 ' as freely as any purchaser buying of us. 
 
 ' 3. Take informations from some that knows the 
 ' soundings of the river and creeks, and that is ac- 
 ' quainted in the country, and when James Wasse is in 
 ' Maryland, he may enquire for one Augustin, who as 
 ' we hear did found most part of Delaware river and 
 ' the creeks : He is an able surveyor ; see to agree with 
 ' him to go with you up the river as far as over against 
 ' New-Castle, or further if you can, so far as a vessel 
 ' of a hundred tun can go ; for we intend to have a way 
 ' cut cross the country to Sandy-Hook ; so the further 
 ' up the way, the shorter : and there, upon some creek or 
 ' bay, in some healthy ground, tind out a place fit to 
 ' make a settlement for a town ; and then go to the In- 
 ' dians, and agree with them for a tract of land about 
 ' the said place, of twenty or thirty miles long, more or 
 ' less, as you see meet, and as broad as you see meet. 
 ' If it be to the middle, we care not ; only enquire if 
 ' George Carteret, have not purchased some there 
 ' already, that so you may not buy it over again. 
 
 ' 4. Then lay out four or five thousand acres for a 
 ' town ; and if Agustin will undertake to do it reason- 
 ' ably, let him do it ; for he is the fittest man ; and if he 
 ' think he cannot survey so much,, being in the winter 
 ' time, then let him lay out the less for a town at present, 
 ' if it be but two thousand acres, and let him divide it in 
 'a hundred parts; and when it is done, let John Fen- 
 ' wick, if he please, be there ; however, let him have 
 ' notice : But however, let some of you be there, to see 
 ' the lots cast fairly by one person that is not concerned 
 ' The lots are from number one to a hundred, and put 
 ' the same numbers of the lots on the partition trees for 
 ' distinction. 
 
 *5. If 
 
Or NEW- JERSEY. 
 
 ' 5. If John Fenwick, and those concerned with him, 
 ■^be willing to join with you in those things as above, 
 ' which is just and fair, then he or any of them, may 
 ' go along with you in your business ; and let them pay 
 ' their proportion of what is paid to the natives, with 
 'other charges: And so he and they may dispose of 
 'their lots with consent of John Edridge and Edmund 
 'Warner- which lots are, 20, 21, 26, 27, 36, 47, 
 ' 50, 57, 63, 72. 
 
 ' 6. If John Fenwick and his people, refuse to let 
 ^ the land they have taken mp of the natives be divided, 
 
 * and refuse to join with you ; you may let the country 
 ' know in what capacity John Fenwick stands, that he 
 ' hath no power over the persons or estates of any man 
 ' or woman more than any other person. 
 
 ' 7. What land you take of the natives, let it be 
 
 * taken, viz. ninety parts for the use of William Penn, 
 ' Gawen Lawrie and ISlicliolas Lucas, and ten parts 
 ' for John Edridge and Edmond Warner. 
 
 ' 8. After you have taken the land as above, and 
 ^ divided for a town or settlement, and cast lots for the 
 'same as above; then if any have a mind to buy one 
 ' or more proprieties, sell them at two hundred pound 
 ' specie ; they taking their lots as theirs do ; paying to 
 ' you in hand the value of fifty pounds in part of 
 ^ a propriety, and the rest on sealing their conveyance 
 ' in London ; and so they may presently settle. When 
 ' any of the lots fall to us,, that is to say, he that buy- 
 ' eth a propriety may settle on any one lot of ninety 
 parts ; which said persons that buys, and what lots falls 
 ' to them, there they may settle, and acquaint us what 
 'numbers they are;; and if any will take land to 
 ' them and their heirs forever, for every acre taken up 
 ' in a place laid out for a town, according to the con- 
 ' cessions, they are not to have above what shall fall by 
 ' lot to a propriety in a town. 
 
 ' 9. What charges James Wasse is at, by taking 
 ' up the land of the natives, we do oblige to pay the 
 ' same unto him again, with what profits is usual there 
 ^ upon English goods ; and he may pitch upon two lots, 
 
 ' one 
 
\ 
 
 86 The HISTORY 
 
 A. D. ' one in each town ; if they be taken ijp before he 
 1676. ( comes away, to his own proper use, for his trouble 
 ' and pains : And we do also engage to allow and pay 
 ' what charges any of our commissioners shall disburse 
 
 * in executing these our instructions, to them or their 
 
 * assigns. 
 
 ' 10. Let us be advised by the first ship that cometh 
 *for England, of all proceedings hereupon, and write 
 ' to the friends at Sandy-Hook, letting them know 
 ' how things are, and that we have divided with George 
 
 * Carteret, and that our division is all along on Dela- 
 
 * ware river ; and that we have made concessions by our 
 ' selves, which we hope will satisfy friends there. If 
 ' John Fen wick, or any of the people with him, desire 
 
 * a copy of the deed of partition, let them have it. 
 
 '11. We desire that our original deed may be kept in 
 ' your own custody, that it may be ready to shew unto 
 ' the rest of the commissioners, which we intend to 
 ' send over in the spring, with full power for settling 
 ' things, and to lay out land, and dispose upon it, and 
 ' for the settling some method of government according 
 
 * to the concessions, 
 
 '12. If you cannot get Augustin to go with you, 
 ' or that he be unreasonable in his demands ; then send 
 
 * a man to Thomas Bushroods, at Essex lodge, in York 
 
 * river, for William Elliot, who writes to Gawin Lawrie 
 
 * this year, and olfered himself to be surveyor, and tell 
 ' him you had orders from said Lawrie to send for him, 
 ' and take him with you. He will be willing to be 
 
 * there all winter, and will survey and do other things. 
 ' He had a good character in Virginia, but was not 
 
 * able to keep it ; he is a fair conditioned sober man : 
 
 * Let him stay there all winter, and order him some- 
 
 * thing to live upon. 
 
 ' 13. If the said Elliot go with you, give him direc- 
 ' tions what to do. If you cannot stay till a place for a 
 *town be surveyed, yet we think you may stay until 
 
 * you have not only pitched upon a place for a town, 
 
 * but also upon a place for a second town and settlement, 
 
 * and have marked out the place round about there, and 
 
 'let 
 
Of NEW-JERSEY. 87 
 
 ' let William Elliot divide both, which no doubt but A. T>. 
 
 ' he may do before the spring, that we send over more 
 
 ' commissioners and people ; and if John Fenwick be 
 
 ' willing to go on jointly with you there, his surveyor 
 
 ' may go along and help ours, and the charges shall be 
 
 ' brought in for both proportionably on all. Mind this, 
 
 'and speak to Richard Guy, or Richard Hartshorne, 
 
 ' and leave orders with them to let William Elliot have 
 
 ' provisions for himself till spring, and we shall order 
 
 ' them satisfaction for the same ; and if there be no 
 
 ' house near the place you take up for the surveyors to 
 
 ' lodge in, then let there be a cottage built for them 
 
 ' on the place, and we will allow the charges. 
 
 '14. And whereas there is tackling there already, 
 ' for fitting of a sloop, as we judge, in the custody of 
 ' Richard Guy : We also give you power if you see 
 ' meet, and that it be of necessary use and advantage 
 ' for the whole concern, you may order these ship-car- 
 ' penters to build a sloop suitable for these materials, 
 ' and appoint them some provision for their food, and 
 ' for the rest of their wages they shall either have it in 
 ' a part of the sloop, or be otherwise satisfied in the 
 ' spring of the year ; the said sloop to be ordered and 
 ' disposed upon by you until more commissioners come 
 ' over with further instructions. 
 
 '15. For the goods we have sent over with James 
 ' Wasse are to disposed upon for purchasing land from 
 ' the natives or otherwise as need is, giving us account 
 ' thereof. 
 
 Nicholas Lucas, William Peitn", 
 Edmond Warner. Gawin Lawrie, 
 
 E. BYLLliSTGE, 
 
 The instrument for dividing the province being 
 agreed on by sir George Carteret on the one part, and 
 the said E. Byllinge, William Penn, Gawen Lawrie, 
 and Nicholas Lucas on the other, they together signed 
 a Quintipartite deed, dated the first day of July, 1676./- 
 
 The 
 
 /. Vid. Grants, concessions, &c. publish'd by A. Learning and 
 J. Spicer. p. 61, &c. 
 
88 
 
 The HISTOEY 
 
 A. D. 
 1676. 
 
 Epistle. 
 
 The line of division being thus far settled, each took 
 their own measures for further peopling and improving 
 their different shares. Sir George Carteret had greatly 
 the advantage respecting improvements, his part being 
 (as we have seen) already considerably peopled : The 
 western proprietors, soon published a description of 
 their moiety ; on which many removed thither : But 
 lest any should not sufficiently weigh the importance 
 of this undertaking, and for other reasons, the three 
 principal proprietors published the following cauti- 
 onary epistle. 
 
 Dear friends and brethren, 
 
 ' In the pure love and precious fellowship of our 
 Lord Jesus Christ, we very dearly salute you : Foras- 
 much as there was a paper printed several months 
 since, entitled. The desGription of New- West- Jersey, 
 in the which our names were mentioned as trustees 
 for one undivided moiety of the said province : And 
 because it is alledged that some, partly on this account, 
 and others apprehending, that the paper by the man- 
 ner, of its expression came from the body of friends, 
 as a religious society of people, and not from parti- 
 culars, have through these mistakes, weakly concluded 
 that the said description in matter and form might be 
 writ, printed and recommended on purpose to promp 
 and allure people, to dis-settle and transplant them- 
 selves, as it's also by some alledged : And because 
 that we are informed, that several have on that 
 account, taken encouragement and resolution to trans- 
 plant themselves and families to the said province; 
 and lest any of them (as is feared by some) should 
 go out of a curious and unsettled mind, and others 
 to shun the testimony of the blessed cross of Jesus, 
 of which several weighty friends have a godly jealousy 
 upon their spirits ; lest an unwarrantable forwardness 
 should act or hurry any beside or beyond the wisdom, 
 and counsel of the lord, or the freedom of his light 
 and spirit in their own hearts, and not upon good and 
 weighty grounds : It truly laid hard upon us, to let 
 
 ' friends 
 
Of new-jersey. 
 
 friends know how the matter stands ; which we shall 
 endeavour to do with all clearness and fidelity. 
 
 '■ 1. That there is such a province as New- Jersey, is 
 certain. 
 
 ' 2. That it is reputed of those who have lived and 
 have travelled in that country, to be wholesome of 
 air and fruitful of soil, and capable of sea trade, is 
 also certain ; and it is not right in any to despise or 
 dispraise it, or disswade those that find freedom from, 
 the Lord, and necessity put them on going. 
 
 ' 3. That the duke of Yorjc sold it to those called 
 lord Berkeley, baron of Stratton, and sir George Car- 
 teret, equally to be divided between them, is also 
 certain. 
 
 ' 4. One moiety or lialf part of the said province, being 
 the rig]it of the said lord Berkeley, was sold by him to 
 John Fenwick, in trust for Edward Byllinge, and 
 his assigns. 
 
 ' 5. Forasmuch as E. B. (after William Penn had 
 ended the dilFerence between the said Edward Byl- 
 linge and John Fenwick) was willing to present his 
 interest in the said province to his creditors, as all that 
 he had left him, towards their satisfaction, he desired 
 William Penn (though every way unconcerned) and 
 Gawen Lawrie, and Nicholas Lucas, two of his 
 creditors, to be trustees for performance of the same ; 
 and because several of his creditors, particularly and 
 very importunately, pressed William Penn to accept 
 of the trust for their sakes and security ; we did all of 
 us comply with those and the like requests, and accepted 
 of the trust. 
 
 ' 6. Upon this we became trustees for one moiety of 
 the said province, yet undivided : And after no little 
 labour, trouble and cost, a division was obtained 
 between the said sir George Carteret and us, as tru- 
 stees : The country . is situated and bounded as is 
 expressed in the printed description. 
 
 ' 7, This now divided moiety is to be cast into one 
 hundred parts, lots, or proprieties ; ten of which 
 upon the agreement made betwixt E. Byllinge and J. 
 
 ' Fenwick, 
 
The hist O K Y 
 
 * Fenwick, were settled and conveyed unto J. Fenwick^ 
 'his executors and assigns, with a considerable sum of 
 
 * money, by way of satisfaction for what he became 
 
 * concerned in the purchase from the said lord Berkely, 
 *and by him afterwards conveyed to John Edridge 
 ' and Edmond Warner, their heirs and assigns. 
 
 ' 8. The ninety parts remaining are exposed to sale, 
 
 * on the behalf of the creditors of the said E. B. And 
 ' forasmuch as several friends are concerned as -creditors, 
 ' as well as others, and the disposal of so great a part 
 ' of this country being in our hands ; we did in real 
 ' tenderness and regard to friends, and especially to the 
 ' poor and necessitous, make friends the first offer ; 
 ' that if any of them, though particularly those that 
 ' being low in the world, and under trials about a 
 ' comfortable livelihood for themselves and families,. 
 
 * should be desirous of dealing for any part or parcel 
 
 * thereof, that they might have the refusal. 
 
 ' 9. This was the real and honest intent of our hearts, 
 ' and not to prompt or allure any out of their places,. 
 
 * either by the credit our names might have with our 
 
 * people throughout the nation, or by representing the 
 
 * thing otherwise than it is in itself. 
 
 ' As for the printed paper sometime since set forth by 
 ' the creditors, as a description of that province ; we 
 ' say as to two passages in it, they are not so clearly and 
 ' safely worded as ought to have been ; particularly, in 
 ' seeming to limit the winter season to so short a time ; 
 
 * when on further information, we hear it is sometime 
 
 * longer and sometime shorter than therein expressed ; 
 'and the last clause relating to liberty of conscience, 
 ' we would not have any to think, that it is promised or 
 ' intended to maintain the liberty of the exercise of 
 
 * religion by force and arms ; though we shall never 
 
 * consent to any the least violence on conscience ; yet it 
 'was never designed to encourage any to expect by 
 
 * force of arms to have liberty of conscience fenced 
 
 * against invaders thereof. 
 
Of new-jersey. 
 
 91 
 
 * 10. And be it known unto you all, in the name and 
 * fear of Almighty God, his glory and honour, power 
 ' and wisdom, truth and kingdom, is dearer to us than 
 ' all visible things ; and as our eye has been single, and 
 ' our heart sincere to the living God, in this as in other 
 ' things ; so we desire all whom it may concern, that 
 ' all groundless jealousies may be judged down and 
 ' watched against, and that all extremes may be avoided 
 ' on all hands by the power of the Lord ; that nothing 
 ' which hurts or grieves the holy life of truth in any that 
 ' goes or stays, may be adhered to ; nor any provo- 
 ' cations given to break precious unity. 
 
 ' This am I, William Penn, moved of the Lord, 
 'to write unto you, lest any bring a temptation 
 ' upon themselves or others ; and in offending the 
 ' Lord, slay their own peace : Blessed are they that ean 
 ' see, and behold him their leader, their orderer, their 
 ' conductor and preserver, in staying or going : Whose is 
 ' the earth and the fullness thereof, and the cattle upon a 
 ' thousand hills. And as we formerly writ, we cannot 
 ' but repeat our request unto you, that in whomsoever 
 ' a desire is to be concerned in this intended plantation^ 
 ' such would weigh the thing before the Lord, and not 
 ' headily or rashly conclude on any such remove ; and 
 ' that they do not offer violence to the tender love of 
 ' their near kindred and relations ; but soberly and con- 
 ' scientiously endeavour to obtain their good wills, the 
 ' unity of friends where they live ; that whether they go 
 ' or stay, it may be of good favour before the Lord {and 
 'good people) from whom only can all heavenly and 
 ' earthly blessings come. This we thought good to write 
 ' for the preventing of all misunderstandings, and to 
 ' declare the real truth of the matter ; and so we com- 
 ' mend you all to the Lord, who is the watchman of 
 ' his Israel. We are your friends and brethren. 
 
 William Penn, 
 Gawen Lawrie, 
 Nicholas Lucas. 
 
 CHAP. 
 
^2 
 
 The history 
 
 A. D. 
 1677. 
 
 West- 
 J ersey 
 commis- 
 sioners. 
 
 CHAP. YI. 
 
 Arrival of more settlers to West-Jersey ; their dijiculties ; 
 ilieir purchases from the Indians ; they lay out a toion ; 
 some of their first sentiments of the country, and 
 an account of the duke of York's two last grants, 
 being for the provinces East and West New-Jersey ^ 
 separately. 
 
 AMONG other purchasers of the West-Jersey 
 lands, were two companies, one made up of 
 some friends in Yorkshire,^'- (as hinted in the conces- 
 sions) the other of some friends in London ; who each 
 contracted for considerable shares, for which they had 
 patents. In 1677, commissioners (agreeable to expec- 
 tation given) were sent by the proprietors, with power 
 to buy the lands of the natives ; to inspect the rights of 
 such as claimed property, and to order the lands laid 
 out ; and in general to administer the government, pur- 
 suant to the concessions : These commissioners were 
 Thomas Olive, Daniel "Wills, John Kinsey, John 
 Penford, Joseph Helmsley, Robert Stacy, Benjamin 
 
 Scott, 
 
 g. Thomas Hutchinson, of Beverley in the county of York, yeo- 
 man ; Thomas Pierson, of Bonwicke in the said county, yeoman; 
 Joseph Helmsly, of Great Kelke in the said county, yeoman ; George 
 Hutchinson, of Sheffield in the said county, distiller, and Mahlon 
 Stacy of Hansworth in the said county, tanner, were all principal 
 creditors to E. Byllinge, to whom several of the other creditors made 
 assignments of their debts, which together amounted to the sum of 
 £. 2450, sterling, and who took in satisfaction of the said sum seven 
 full equal and undivided ninetieth parts of ninety equal and undi- 
 vided hundred parts of West-Jersey ; and the same was conveyed to 
 them, their heirs and assigns, by William Penn, Gawen Lawrie, 
 Nich. Lucas and Ed. Byllinge, by deed bearing date the first of the 
 month called March, 1676: And by another ccmveyance of the same 
 date, from and to the same persons, in satisfaction for other debts 
 to the amount of £. 1050, sterling, three other full equal and undi- 
 vided ninetieth parts of the aforesaid ninety equal and undivided 
 hundred parts of West-Jersey were also conveyed. 
 
Op new-jersey. 93. 
 
 Scott, Richard Guy and Thomas Foulke.A- They A. D. 
 came in the Kent, Gregory Mario w, master, being the 
 second ship from London, to the western parts : After 
 a tedious passage they arrived at New-Castle, the 16th 
 of the 6th month, O. S. King Charles the second, in his 
 barge, pleasuring on the Thames, came along side, seeing 
 a great many passengers, and informed whence they were 
 bound, asked if they were all quakers, and gave them his 
 blessing. They landed their passengers, two hundred 
 and thirty in number, about Rackoon creek, where the 
 Swedes had some scattering habitations ; but they were 
 too numerous to be all provided for in houses ; some 
 were obliged to lay their beds and furniture in cow stalls, 
 and appartments of that sort; among other incon- 
 veniences to which this exposed them, the snakes were 
 now plenty enough to be frequently seen upon the 
 hovels under which they shelter'd : Most of the passen- 
 gers in this ship Avere of those called quakers; some 
 of good estates in England. The commissioners had 
 before left them, and were by this time got to a place 
 called Chygoesi- Island, (afterwards Burlington) their 
 business being to treat with the Indians about the land 
 there, and to regulate the settlements, having not only 
 the proprietors but governor Andros's commission 
 for that purpose ; for in their passage hither, they had 
 first dropped anchor at Sandy-Hook, while the com- 
 missioners went to New- York to acquaint him with 
 their design; for tho' they had concluded the powers 
 they had from the proprietors, were sufficient to their 
 purpose ; they thought it a proper respect to the duke 
 of York's commission, to wait on his governor upon 
 the occasion; he treated them civily, but asked them 
 
 if 
 
 h. Kichard GTuy came in the first ship : John Kinsey, died at 
 Sliackainaxon soon after his landing ; his remains were interr'd at 
 Burlington, in ground appropriated for a burying- ground, but. 
 now a street. 
 
 i. From Chygoe, aa Indian sachem,, w.ho, lived there. 
 
The history 
 
 if tliey had anything from the duke^ his master ? they 
 replied, nothing particularly ; but that he had con- 
 veyed that part of his country to lord Berkeley, and he 
 to Byllinge, &c. in which the government was as 
 much conveyed, as the soil : The governor replied, 
 all that will not clear me y if I should sui-rencler without 
 the duke's order, it is as much as my head is worth ; 
 but if you had but a line or two from the duke, I should 
 be as ready to surrender it to you, as you would be to ask 
 it. Upon which the commissioners, instead of excusing 
 their imprudence in not bringing such an order, began 
 to insist upon their right, and strenuously to assert their 
 independency : But Andros clapping his hand on his 
 sword, told them, that should defend the government 
 from them, till he received orders from the duke, his 
 master, to surrender it ; he however softened, and told 
 them, he would do what was in his power, to make 
 them easy, till they could send home to get redress; 
 and in order thereto, would commissionate the same 
 persons mentioned in the commission they produced. ^• 
 This they accepted, and undertook to act as magistrates 
 under him, till further orders came from England, and 
 proceed in relation to their land affairs, according to 
 the methods prescribed by the proprietors. 
 
 When arrived at their government, they applied to 
 the Swedes for interpreters between them and the 
 Indians : Israel Helmes, Peter Rambo, and Lacy 
 Cock, were recommended : By their help they made 
 a purchase from Timber Creek to Rankokas Creek, 
 another from Oldman's Creek to Timber Creek : After 
 this they got Henric Jacobson Falconbre, to be their 
 interpreter, and purchased from Rankokas Creek to 
 
 Assunpinck : 
 
 k. John Fenwick having neglected this precaution, as to the 
 government of his tenth, was sent for a prisoner to New- York. 
 
Of NEW-JERSEY. 
 
 95 
 
 Assunpink : ^- But when they had agreed upon this last A. D. 
 purchase, they had not Indian goods sufficient to pay 
 
 the 
 
 I. The deed for the lands between Rankokas creek and Timber 
 creek bears date the 10th of September, 1677; that tor the lands 
 from Oldraan's creek to Timber creek the 27th of September, 
 1677, and that from Eankokus creek to Assunpink the lOth of 
 October, 1677 : By the consideration paid for tlie lands between 
 Oldmans and Timber creek, a judgment may be formed of the rest. 
 It consisted of 30 matchcoats, 20 guns, 30 kettles and one great 
 one, 30 pair of hose, 20 fathom of dnfi'elds, 30 petticoats, 30 
 narrow hoes, 30 bars of lead, 15 small barrels of powder, 70 
 knives, 30 Indian axes, 70 combs, 60 pair of tobacco tongs, 60 
 scissars, 60 tinshaw looking-glasses, 120 awl-blades, 120 fin^hhooks, 
 2 grasps of red paint, 120 needles, 60 tobacco boxes, 120 pipes, 
 200 bells, 100 Jewsharps, 6 anchors of rum. In the year 1703, 
 another purchase was made by the council of proprietors of West- 
 Jersey, of land lying above the falls of Delaware; another also 
 about that time of lands at the head of Rankokas river, and several 
 purchases afterwards included the whole of the lands worth taking 
 up in West-Jersey, except a few plantations reserved to the Indians ; 
 one of these in particular ought to be noted in this place, to the 
 honour of John Wills, sometime one of the council, by whose advice 
 the indian sachem, called king Charles, laid an English right on a 
 large plantation at Weekpink, containing a valuable tract of land, 
 in the county of Burlington, which is so contrived as to remain 
 unalienable from his posterity, who now enjoy the benefit of it. 
 
 The following are entries from the records of the council of pro- 
 prietors relating to the purchnses above. 
 
 'At a meeting of the council of proprietors at Burlington, the 
 'second day of November, anno 1703. Phesent: George Deacon, 
 'president, Samuel Jennings, Thomas Gardner, Christopher We- 
 'therill, John Reading. Ordered, That John Wills, William 
 'Biddle, jun. and John Reading, or any two of them, do go up 
 ^to the Indians above the Falls, and particularly to Caponockous, 
 ■'in order to have the tract of land lately purchased of the Indians 
 'marked forth, and get them to sign a deed for the same ; as also to 
 'receive the residue of the goods as yet unpaid, or so many of 
 'them that can be had, and to give him an obligation for the pay- 
 'ment of the remaining part next spring. Ordered likewise, That 
 'the persons abovesaid, do go to Nimhammoe's wig-wam, in order 
 'to treat with him, to see the bounds of the land lately pur(thased 
 'of him, to mark the same if it may be, and to pay him what part 
 'of the goods is already procured in part towards the said purcliase; 
 'and to do what else may be necessary towards perfecting purchases 
 'of the concerns with the said Indians, and compleating of the 
 ■'afiiresaid ; the said persons also taking with them Thomas Foulke, 
 'Andrew Heath, or some other proper person, to be an interpreter 
 between them and the Indians. 'At 
 
96 
 
 The history 
 
 A. D. the consideration, yet gave them what they had, to 
 get the deed signed ; they were however obliged to 
 
 agree 
 
 'At a meeting of the council of proprietors at Burlington, on the 
 '27th day of June, anno dom, 1703. Presknt: Mah Ion Stacy, 
 'Thomas Gardner, John Wills, George Deacon, ( Christopher 
 'Wetherill, ISainuel Jennings and John Reading. The pers<m3 
 'appointed to treat with the Indians, at the Falls, do make report,, 
 'that they accordingly met with the Indians, and made a full agree- 
 'ment with them, that is to say, with Himhammoe, for one tract of 
 'land, adjoining to the division line, and lying on both sides of 
 ' Rariton River, for the goods mentioned in a certain list for that 
 'purpose made; and also with Coponnockou, for another tract of 
 'land, lying between the purchase made by Adlord Bonde, and the 
 'bounds of the land belonging to Nimhammoe, fronting upon 
 'Delaware river, for the goods mentioned in a particular list made 
 'to that end. Ordered, Tliat publick notice be given to the pro- 
 'prietors within this province, that they meet together at Burling- 
 'ton, on the 19t:h day of July next, in order to inform them, that a 
 'purchase is made, upon what terms, and also that all such may 
 'deposit their proportions of the charge, that expect to receive 
 'benefit thereby ; which paper of publication is in these words. 
 
 ' By the council of proprietors sitting in Burlington, the 28th 
 'day of June, anno dom. 1703. Whereas many of the proprietors 
 'of this province have at sundry times addressed the council of.pro- 
 'prietors, that they might be allowed a third dividend or taking up 
 'of land, proportionable to their particular and respective rights in 
 'the said province: Now this may certify, that the said council hav- 
 ' ing taken into their consideration the request of the said proprietors, 
 'and in order to answer the same, have lately made an Indian pur- 
 * chase of lands situate above the falls of Delaware; and therefore 
 'all proprietors who are concerned therein, or expect to receive 
 'benefit thereby, are hereby required to meet with the said council 
 'at Burlington, on the nineteenth day of July next, that they may 
 'be more particularly informed concerning the said purchase, and 
 ' upon what terms and conditions it is made, and also to deposite their 
 ' respective proportions of the said purchase, and all other charge 
 ' accruing thereby. Given under my hand per order, and on the 
 'behalf of the said council, the day and year above said. 
 
 'Upon the application of Mahamickivon, alias king (-harles, an In- 
 'dian sachem, unto the council of proprietors, concerning the bounds 
 'of two Indian purchases, formerly made from Rankokas creek to 
 'Timber creek, and from Kankokas to Assunpink, in which deeds is 
 'mentioned the bounds to be ft-om the uppermost head of Rankokas 
 'to the uppermost head of Timber creek, and by a right line 
 'extending from the uppermost head of Rankokas to the line of 
 'partition of sir George Carteret, right against the uppermost head 
 'of Assunpink ; which bounds were inserted through misunderstand- 
 *ing between the interpreters and the English, and in truth ought 
 
Of NEW-JERSEY. 
 
 97 
 
 ao-ree with the Indians not to settle till the remainder A. D. 
 
 1677 
 
 was paid : Having travelled through the country and 
 
 viewed 
 
 'to be accordinsc to a line that was afterwards actually run by 
 'agreement, lunde between tlie English and the Indians, and which 
 'cotnes lower upon the creek tlian the uppermost heads thereof; 
 'whicli said line the said king Charles desires may be allowed, . 
 ' entered and recorded, as the true and right bounds of said purchase 
 'and that the abovementioned bounds may be vacated and held 
 'utterly void for the future, to which the council assents: informing 
 'the sachem, that they always did and now do acknowledge and 
 'own the last mentioned line to be the (rue limits of those purchases, 
 'and order the same as actually run and marked by the English and 
 'Indians, to be approved and held only for the true line of the 
 'abovementioned purchases; and that the first mentioned and 
 'mistaken bounds be accounted null and void; and also that a 
 'record be accordingly made thereof. 
 
 'At a meeting of the council of proprietors, the 19th of July, 
 '1703. Phesent: Samuel Jenings, Thomas Gardner, George 
 'Deacon, Christopher Wetherill, John Hugg, Isaac Sharp, and 
 'John Reading; the president absent. Memorandum, to inform 
 'the proprietors, Fhst, that the council have made two Indian 
 ' purctia-*es, amounting to, according to our best computation, the 
 'number of 150,000 acres at the least, the cost whereof to the 
 'Indians, with other incidental charges, will amount to about the 
 'sum of £. 700. Secondly, That it is the design of the said council, 
 'to give publick notice to the proprietors in England and elsewhere, 
 'what purchase is already made, of the opportunity of purchasing 
 'more land, that may be sufficient to allow the number of 5000 
 ' acres for each divi lend to a pro{)riety, and of the cost thereof, 
 ' which by as near an estimation as we can make, will be about 24 1. 
 ' propriety for each dividend ; and that if the said proprietors will 
 ' appoint their agent'^, and defray their proportionable part of the 
 'charges, on or before the 20th day of July, anno dom. 1704, that 
 ' then they shall receive their respective rights, after the same method 
 'that the rest of the proprietors do, at any time after the 18th of 
 'October 8, 1704. Thirdly: But if the said absent proprietors 
 'shall neglect or refuse to pay their parts of the said charge, then 
 'that the said Indian purchase already made, shall be taken up by 
 'such proprietary residents in these parts, that shall deposite their 
 'resfiective parts of the said purchase; which at 5000 for the divi- 
 'dend to a piO|iriety, will amount to about 30 proprieties, which 
 'we judge will nearly answer all the proprietors who are or have 
 'agents in these parts. Fourthly: It is expected, that all such pro- 
 'prietors who design to be interested for the Indian purchase, do in 
 'some short time, advance their particular parts of the said costs, in 
 'order to pay the Indians ofi" according to agreement made with 
 ' them.' . Jeremiah 
 
 G 
 
98 
 
 The HISTOEY 
 
 laid out. 
 
 A. D. viewed the land, the Yorkshire commissioners, Joseph 
 1677. . . J r 
 
 Hehnsley, William Emley and Robert Stacy, on 
 
 behalf of the first purchasers, chose from the falls of 
 Delaware down, which was hence called the first tenth ; 
 the London commissioners, John Penford, Thomas 
 Olive, Daniel Wills, and Benjamin Scott, on behalf 
 of the ten London proprietors, chose at Arwaumns, 
 (in and about where the town of Gloucester now is) this 
 was called the second tenth : To begin a settlement there, 
 Olive sent up servants to cut hay for cattle he had 
 bought : When the Yorkshire commissioners found 
 the otliers were like to settle at such a distance, they 
 told them, if they would agree to fix by them, they 
 Burlington would join in settling a town,'"- and that they should 
 have the largest share, in consideration that they (the 
 Yorkshire commissioners) had the best land in the 
 woods : Being few, and the Indians numerous, they 
 agreed to it. The commissioners employed Noble, 
 a surveyor, who came in the first ship, to divide the 
 spot. After the main street was ascertained, he 
 divided the land on each side into lots ; the eastern- 
 most among the Yorkshire proprietors, the other 
 among the Londoners : To begin a settlement, ten lots 
 of nine acres each, bounding on the west, were laid out ; 
 that done, some passengers from Wickaco, chiefly 
 those concerned in the Yorkshire tenth, arrived the 
 latter end of October. The London commissioners 
 also employed Noble, to divide the part of the island 
 yet unsurveyed, between the ten London proprietors, 
 
 in 
 
 Jeremiah Bass, attorney to the West-Jersey Society, made a purchase 
 on their behalf, in 1693, of the lands between Cohansick creek and 
 Morris's river. [Vid. Revell's book, secretary's office. Burl. p. 325.] 
 Many other Indian purchases were before and afterwards, from time 
 to time occasionally made, as the lands were wanted, in both East and 
 West Jersey ; they are too numerous to be all particularized; and one 
 hereaftei mentioned, compleated the whole that was left. 
 
 m. In pursuance of the charter brought with them from England. 
 
Of NEW-JEESEY. 
 
 99 
 
 in the manner beforeraentioned : The town thus by A. D. 
 
 1677. 
 
 mutua] consent laid out, the commissioners gave it the 
 name first of New-Beverley, then Bridlington, but named, 
 soon changed it to Burlington. Some of the masters 
 of families tiiat came in the ship last mentioned, and 
 settled in that neighbourhood, were Thomas Olive, 
 Daniel Wills, William Peachy, William Clayton, 
 Joim Crips, Thomas Eves, Thomas Harding, Tho- 
 mas Nositer, Thomas Fairnsworth, Morgan Drewet, 
 William Pennton, Henry Jenings, William Hibes, 
 Samuel Lovett, John Woolston, William Wood- 
 mancy, Christopher Saunders, and Robert Powell : 
 John Wilkinson and William Perkins, were likewise 
 with their families passengers, but dying on the voyage, 
 the latter were exposed to additional hardships, which 
 were however moderated by the care of their fellow 
 passengers : Perkins was early in life convinced of the W. Perkins, 
 principles of those called Quakers, and lived well in 
 lieicestershire; but seeing an account of the country wrote 
 by Richard Hartshorne, and forming views of advan- 
 tage to his family, tho' in his 52d year, he, with his wife, 
 four children and some servants, embarked in this ship : 
 Among the latter was one Marshall, a carpenter, par- 
 ticularly serviceable in fitting up habitations for the 
 new comers; but it being late in the fall when they 
 arrived, the winter was much spent before the work 
 was begun ; in the interim they lived in wigwams, 
 built after the manner of the Indians. Indian corn 
 and venison, supplied by the Indians, Avas their chief 
 food : These people were not then mnch corrupted 
 with strong liquors, but generally very friendly and 
 helpful to the English; notwithstanding it was thought 
 endeavours had been used to make them otherwise, by 
 insinuations that the English sold them the small-pox 
 
 in 
 
The history 
 
 in their matchcoats.'^- This distemper was among them^ 
 and a company getting together to consult about it, one 
 
 of 
 
 n. Thomas Budd, who own'd a share of propriety in West-Jersey, 
 and ancestor to a large family there, who arrived at Burlington in 
 1768, in a pamphlet describing the country, about nine or ten years 
 afterwards, says, ' The Indians told us, in a conference at Burlington, 
 'shortly after we came into the country, they were advised to make 
 'war on us, and cut us off while we were but few; for that we sold 
 ' them the small pox, with the matchcoat they had bought of us ; which 
 'caused our people to be in fears and jealousies concerning them; 
 ' therefore we sent for the Indian kings to speak with them, who with 
 ' many more Indians came to Burlington, where we had a conference 
 ' with them about the matter ; we told them we came amongst them by 
 'their own consent, and had bought the land of them, for which we 
 'had honestly paid them; and for what commodities we had bought 
 'at any time of them, we had paid them for, and had been just t» 
 'them, and had been, from the time of our first coming, very 
 ' kind and. respectful to them ; therefore we know no reason that 
 'they had to make war on us; to which one of them, in behalf of 
 'the rest, made this following speech in answer. "Our young- 
 "men may speak such words as we do not like nor approve of, and 
 "wecannoi help that; and some of your young men may speak 
 "such words as you do not like, and you cannot help that: We 
 " are your brothers, and intend to live like brothers with you ; we 
 "have no mind to have war; for when we have war, we are only 
 "skin and bones, the meat that we eat doth not do us good; we 
 "always are in fear, we have not the benefit of the sun to shine 
 "on us, we hide us in holes and corners; we are minded to live at 
 " peace. If we intend at any time to make war upon j'ou, we will let 
 " yon know of it, and the reasons why we make war with you ; and 
 "if you make us satisfaction for the injury done us, for which the 
 " war was intended, then we will not make war on you ; and if you 
 "intend at any time to make war on us, we would have you let us 
 " know of it, and the reason ; and then if we do not make satis- 
 " faction for the injury done unto you, then you may make war on 
 "us, otherwise you ought not to do it; you are our brothers, and 
 "we are willing to live like brothers with you ; we are willing to 
 "have a broad path for you and us to walk in, and if an Indian is 
 "asleep in this path, the Englishman shall pass by, and do him no 
 "harm; and if an Englishman is asleep in this path, the Indian 
 "shall pass him by, and say, He is an Englishman, he is asleep; let 
 "him alone, he loves to sleep. It. shall be a plain path; there must 
 "not be in this pa/A a stump to hurt our feet. And as to the small 
 " pox, it was once in my grandfathers time, and it could not be the 
 "English that could send it to us then, there being no English in 
 "the country: And it was once in my father's time, they could not 
 " send it us then neither ; and now it is in my time, I do not believe 
 
 " that 
 
Of NEW-JERSEY. 101 
 
 •^of their chiefs said, — ^In my grandfather's time the A. D. 
 ' small-pox came : In my father's time the small-pox 
 
 ' came 
 
 "that they have sent it us now; I do believe it is the man above 
 "that hath sent it us." 
 
 'Some are apt to ask, how we can propose safely to live amongst 
 'such a heathen people, as the Indians, whose principles and prac- 
 'tices leads them to war and bloodshed, and ours on the contrary, 
 'to love enemies? / ansxver: That we settled by the Indians con- 
 'sent and good liking, and bought the land of them that we settle 
 'on; M'hich they conveyed to us by deeds, under their hands 
 'and seals, and also submitted to several articles of agreement with 
 'us, viz. not to do us any injury : But if it should so happen, that 
 'any of their people at any time should injure or do harm to any 
 'of us, then they to make us satisfaction for the injury done; 
 ' therefore if they break these covenants and agreements, then in 
 'consequence of them, they may be proceeded against as other 
 'offenders, viz. to be kept in subjection to the magistrate's power, 
 'in whose hand the sword of justice is committed, to be used by 
 'him for the punishment of evil doers, and praise of them that do 
 ' well ; therefore I do believe it to be both lawful and expedient to 
 'bring offenders to justice, by the power of the magistrate's sword; 
 'which is not to be used in vain, but may be used against such as 
 'raise rebellions and insurrections against the government of the 
 'country, be they christians or Indians (now that these have so far 
 'agreed to abide by the laws of civil government) otherwise it is in 
 ■'vain for us to pretend to magistracy or government; it being that 
 ' which we own to be lawful both in principle and practice. — The 
 ' Indians have been very serviceable tons by selling us venison, Indian 
 'corn, pease and beans, fish and fowl, buck-skins, beaver, otter, 
 'and other skins and furrs ; the men hunt, fish and fowl^ and 
 'the women plant the corn and carry burthens: There are many 
 ' of thfem of a good understanding, considering their education, 
 'and in their (mblick meetings of business, they have excellent 
 'order, one speaking after another; and while one is speaking, all 
 ' the rest keep silent, and do not so much as whisper one to the other : 
 ' we had several meetings with them ; one was in order to put down 
 'the sale of nira, brandy, and other strong liquors, to them, they 
 'being a people that have not government of themselves so as to 
 'drink in moderation; At which time there were eight kings [One 
 ' of them was Okanickon, a noted friend to the English; of whom 
 'more in the viiith chapter.^ and many other Indians. The kings sat 
 ' on a form, and we on another over against them ; they had pre- 
 ' pared four belts of wampum, (so their current money is called, being 
 ' black and white beads made of a fish-shell) to give us as seals of the 
 ■* covenant they made with us; one of the kings, by the consent and 
 'appointment of the rest, stood up and made this following speech. 
 
 The strong liquor was first sold to us by the Dutch ; and they 
 
 " were 
 
102 The HISTORY 
 
 A. "D. ^ came ; and now in my time the small-pox is come/ 
 Then stretching his hands towards the skies, said, ^ it 
 ' came from thence.' To this the rest assented. 
 
 Having traced this ship's company into winter 
 quarters, the next in course is the Willing Mind, John 
 Newcomb commander ; she arrived from London, in 
 November, and dropt anchor at Elsingburgh ; brought 
 about sixty or seventy passengers : Some >settled at 
 Salem, others at Burlington ; among the former 
 were James Nevill, Henry Salter, and George Deacon,, 
 with their families. In this year also arrived the Flie- 
 Boat Martha, of Burlington, (Yorkshire) sailed from 
 Hull the latter end of summer, with one hundred 
 and fourteen passengers, designed to settle the York- 
 shire tenth : Some masters of families in this ship, 
 were Thomas Wright, William Goforth, John 
 Lynam, Edward Season, William Black, Richard 
 Dungworth, George Miles, William Wood, Thomas 
 Schooley, Richard Harrison, Thomas Hooten, Samuel 
 
 Taylor 
 
 "were blind, they had no eyes, they did not see that it was for our 
 "hurt: The next people tliat came among us were the Swedes, 
 "who continued the sale of those strong liquors to us; they were 
 "also blind, they had no eyes, they did not see it to be huriful to us 
 "to drink it, although we know it to be hurtful to us; but if peoi)le 
 "will sell it to us, we are so in love with it that we cannot forbear 
 "it: when we drink it, it makes us mad, we do not know what we 
 "do, we then abuse one another, we throw each otiier into the fire. 
 "Seven score of our people have been killed by reason of the 
 "drinking it, since the time it was first sold us : Those people that 
 "sell it are blind, they have no. eyes; but now there is a people 
 "come to live amongst us, that have eyes, they see it to be for our 
 "hurt, and we know it to be for our hurt : They are willing to deny 
 " themselves the profit of it fotf our good : These people have eyes; 
 "we are glad such a people are come amongst us; we must put it 
 "down by mutual consent; the cask must be sealed up; it must be • 
 "made fast, it must not leak by day nor by night, in the light nor in 
 "the dark; and we give you these four belts of wampum, which 
 "we would have you lay up safe, and keep by you, to be witnesses 
 "of this agreement that we make with you; and we would have 
 "you tell your children, that these four belts of wampum are given 
 " you to be witnesses betwixt us and you of this agreement." 
 
Op new-jersey. 103 
 
 Taylor, Marmaduke Horsman, William Oxley, A. D. 
 William Ley, and Nathaniel Luke ; the families of 
 Robert Stacy and Samuel Odas ; and Thomas Ellis and 
 John Batts, servants,o- sent by George Hutchinson, 
 also came in this ship. Twenty of the passengers, 
 perhaps more, were living 45 years afterwards. 
 
 In one of these ships, or about this time however, •'^ohn Km- 
 arrived John Kinsey, then a young man ; his father one of that 
 of the commissioners aforementioned, dying on his 
 arrival, the care of his family fell to him ; he was 
 afterwards a man of distinguished services, in several 
 public stations ; and his son after him, of the same 
 name, the late chief justice of Pennsylvania, must be 
 long remembered by many in both provinces. 
 
 Having landed so many of the settlers, it may not 
 be disagreable to know some of their first sentiments 
 of the country. John Crips in a letter to Henry Stacy, 
 gives the following account of it. 
 
 'From Burlington, in Delaware river, 
 * the '26th of the 8th month, 1677. 
 
 ' Dear Friend, 
 
 'Through the mercy of God, we are safely arrived John 
 ' at New-Jersey ; my wife and all mine are very well, ^^^P^ 
 ' and we have our healths rather better here than we 
 
 * had in England ; indeed the country is so good, that 
 ' I do not see how it can reasonably be found fault with : 
 ' As far as I perceive, all the things we heard of it in 
 
 * England, are very true ; and I wish that many 
 ' people (that are in straits) in England, werfe here. 
 
 ' Here 
 
 0. Many that came servants, succeeded better than some that 
 brought estates ; the first inured to industry, and the ways of the 
 country, became wealthy, while the others obliged to spend what 
 they had in the difficulties of first improvements; and others living 
 too much on tlieir original stock, for want of sufficient care to im- 
 prove their estates, have, in many instances, dwindled to indigency 
 and want. 
 
104 
 
 The HISTOEY 
 
 A. D. 
 
 1677. 
 
 Here is good land enougli lies void, would serve 
 many thousands of families ; and we think if they 
 cannot live here, they can hardly live in any place in 
 the world; but we do not desire to persuade any to 
 come, but such as are well satisfied in their own 
 minds. A town lot is laid out for us in Burlington, 
 which is a convenient place for trade; it is about one 
 hundred and fifty miles up the river Delaware; the 
 country and air seems to be very agrcable to our bodies, 
 and we have very good stomachs to our victuals : 
 Here is plenty of provision in the country ; plenty 
 of fish and fowl, and good venison very plentiful, 
 and much better than ours in Eno-land : for it eats 
 not so dry, but is full of gravy, like fat young 
 beef. You that come after us need not fear the 
 trouble that we have had, for now here is land ready 
 divided against you come : The Indians are very 
 loving to us, except here and there one,- when they 
 have gotten strong liquors in their heads, which they 
 now greatly love : But for the country, in short, I 
 like it very well ; and I do believe, that this river of 
 Delaware is as good a river as most in the world: 
 It exceeds the river of Thames by many degrees. 
 
 * Here is a town laid out for twenty properties, and 
 a straight line drawn from the river side up the land, 
 which is to be the main street, and a market place 
 about the middle. The Yorkshire ten proprietors 
 are to build on one side, and the London ten the other 
 side; and they have ordered one street to be made 
 along the river side, which is not divided with the 
 rest, but in small lots by itself ; and every one that 
 hath any part in a propriety, is to have his share in 
 it. The town lots for every propriety will be about 
 ten or eleven acres, which is only for a house, 
 orchard and gardens; and the corn and pasture 
 ground is to be laid out in great quantities. 
 
 ' I am thy loving friend, 
 
 John Ceips. 
 
 Thomas 
 
Of new-jersey. 
 
 105 
 
 Thomas Hooten to his wife, dated 29th 8th month, A. D. 
 
 1677. 1677. 
 
 ' My dear, 
 
 ' I am this present at the town called Burlington, 
 where our land is ; it is ordered to be a town for the 
 ten Yorkshire and ten London proprietors. I like 
 the place well ; our lot is the second next the 
 water side : It's like to be a healthful place, and 
 very pleasant to live in. I came hither yesterday, 
 being the 28th of October, with some friends that 
 were going to New- York. I am to be at Thomas 
 Olive's house, till 1 can provide better for myself: I 
 intend to build a house, and get some corn into the 
 ground: And I know not how to write concerning 
 thy coming, or not coming hither ; the place I like 
 very well, and I believe that we may live here very 
 well : But if it be not made free, I mean as to the 
 customs and government, TP- then it will not be so 
 well, and may hinder many that have desires to 
 come : But if those two things be cleared, thou may 
 take thy opportunity of coming this summer. 
 
 Thomas Hooton. 
 
 William Clark to the proprietors. 
 . New-Jersey, 20th 
 
 ' Dear Friends, 2d month, 1678. 1678. 
 
 ' I doubt not but it will be great satisfaction to you, 
 ' to hear of mine and the rest of friends passage to, 
 ^ and safe arrival in New-Jersey : We took ship the 
 * sixteenth of November, and made the land of New- 
 ' Jersey in thirty-four days. Now friends, as to this 
 ' country, there has been much said by several persons 
 ' in commendation thereof, both as to the increase of 
 ' all sorts of grain and fruits ; as also of the plenty 
 ' of fish, fowl, deer, swine, &c. that I shall not need 
 ' to add any thing to it ; but in short, this I have to 
 
 'say 
 
 p. The customs were those imposed at New-Castle, upon all 
 comers (of which we shall presently see a more particular account) 
 the government was yet administered by virtue of governor Andros's 
 commission, both which were unexpected and disagreable : but these 
 objections were soon removed. 
 
106 
 
 The history 
 
 A. D. 'say, that I do not know any one thing to fall. short 
 1678, ( what was reported of this province, but that more 
 ' might truly have been said of its pleasant situation, 
 'wholesome air, and general and great increase of all 
 
 * things planted, and especially of Indian corn, which is 
 
 * a very good and serviceable grain many ways ; the 
 ' English wheat and barley primely good ; but rie and 
 ' pease much better than any I ever saw in England or 
 ' Ireland. I doubt not but you have had an account 
 ' of all other matters before this (by those who came 
 ' to Jersey before me) comes to your hands : And I 
 
 * have no other end in this, than keeping you from the 
 ' rash censures of people that know it not ; as also for 
 ' the good and prosperity of this good county, &g. 
 
 Directed for William Penn, \ Wttttaat Ht a -dtt- 
 
 Gawen Lawtie, or Edward Byliinge. | ILLIAM V^LAEK. 
 
 John Crips to his brother and sister. 
 
 Burlington, in New-Jersey, upon the river Delaware,, 
 the 19th of 4ih month, called June, 1678. 
 
 ' Dear and loving brother and sister. 
 
 ' I have received both your letters, wherein I under- 
 
 * stand your faith concerning this country, is much 
 
 * shaken, thro' several false reports given thereof ; which 
 ' may be proved false under the hands of several good 
 ' friends ; I hope as worthy to be believed as that 
 ' reporter ; and such as have had more experience of 
 ' this place than he had, or could have, in so short a 
 ' time ; besides he came among us shortly after our 
 
 * coming hither, when things were not settled in that 
 ' order amongst us, as now they are ; neither indeed 
 
 * did he find such entertainment from some, as he ex- 
 'pected; which I suppose makes him speak the worst 
 
 * he can devise of this place : But I question not but 
 ' this report will in a short time be wiped away, some 
 ' of which in my knowledge, is grossly untrue, as 
 ' well as contradictions to his own words ; for I re- 
 ' member when I travelled with him through part of 
 ' New-Jersey, he confessed that much of this land was 
 
 * as good or better than the land in Rhode-Island : 
 'And it's really my judgnaent, that those people that 
 
 ' cannot 
 
Of NEW-JERSEY. 
 
 107 
 
 cannot be contented with such a country, and such land A. D. 
 as this is- they are not worthy to come here : And ^Q^^- 
 this I can truly tell you, if I were now in England 
 with you (and which I should be very glad to see) 
 yet if all I had in the world would but bring me 
 hither, I would freely leave you and my native 
 country, and come to New- J ersey again ; which I 
 have said many a time heretofore, but now write it 
 under my hand, and it's really the truth, whether 
 you will believe it or not; and farther, I can truly tell 
 you, that I desire not, nor dare to write the least 
 untruth, to draw you, nor any others to this place : 
 But I am resolved, if I never see your faces more, to 
 leave you to your own freedom. But I hope you 
 are not insensible of my love and desires for you; 
 tho' I am, I say, constrained to forbear persuading 
 you, or any one else against their own freedoms ; yet 
 I think it my duty to let you, and all men know 
 the truth of things as near as I can. Your letter 
 saith, " it's reported the water is not so good as in 
 • England." I do not remember that ever I tasted 
 better water in any part of England, than the springs 
 of this place do yield ; of which is made very good 
 beer and ale ; and here is also wine and cyder. And 
 whereas your letter to me saith, " several have come 
 ' back from this country to England." Two or three 
 I suppose : there are lazy idle persons that have done 
 so ; , but on the other hand, here are several persons, 
 men of estates, that have been here, and have gone 
 back to England, and sold their estates and returned 
 with their whole families, hither again ; which 
 methinks should take many of these scruples out of 
 the way, if nothing else were said or done in praise of 
 this country : But I suppose there are many in 
 England, that desire to hear ill of this place, because 
 they would keep their friends there with them ; and 
 they think we never write enough of the bad pro- 
 perties of the country, and vermin in it. Now this 
 I may say, in short, that here are bears, wolves, foxes, 
 rattle snakes, and several other creatures, (I do believe 
 because I see the Indians have such skins to sell) but 
 
 'I 
 
108 
 
 The history 
 
 A. D. 
 1678. 
 
 The ship 
 Shield. 
 
 I have travelled several hundreds of miles, to and 
 fro, and I never to my knowledge, saw one of those 
 creatures, except two rattle snakes, and I killed them 
 both : I suppose the fear of those creatures in 
 England, is far worse to some there, than the hurt of 
 them is here ; and as for the musketto fly, we are not 
 troubled with them in this place; our land for the 
 most part, lying high and healt!iy, and they for the 
 most part, are in a low boggy ground. Thomas 
 Budd and his family are arrived ; the ship lyeth 
 before this town, that brought them : I wish you 
 have not cause to repent that you came not along 
 with them ; they had a very good passage, and so had 
 the London ship ; they are both in the river at this 
 time. I understand by Thomas Budd, that he did 
 satisfy you as near as he could, of the truth of things 
 here; and you had as much reason to believe him, as 
 that other person, and more too ; for Thomas had 
 far more experience of this place, than he could have 
 in the short time he was among us ; so of these things 
 I shall forbear to write any further at present. 
 
 John Ceips. 
 ' To the truth of the contents of these thino;s, we 
 'subscribe our names; Daniel Wills, Thomas Olive, 
 * Thomas Harding, Thomas Budd, William Peachy. 
 
 In the 10th month O. S. 1678, arrived the Shield, 
 from Hull, Daniel Towes commander, one of the 
 ships mentioned in the above letter, and dropped 
 anchor before Burlington, being the first ship that came 
 so far up Delaware : Against Coaquanock?- being a bold 
 shore, she went so near in turning, that part of the tack- 
 ling struck the trees ; some on board then remarked it 
 was a fine spot for a town : A. fresh gale brought her to 
 Burlington : She moor'd to a tree, and the next morning 
 the people came ashore on the Ice, so hard had the 
 river suddenly frozen. In her came William Emley, 
 
 the 
 
 q. The Indian name of the place where Philadelphia now stands. 
 
Of NEW-JERSEY. 
 
 109 
 
 the second time, with his wife, two children, one A. D. 
 born by the way, two men and two women servants ; 
 Mahlon Stacy, his wife, children and several servants, 
 men and women ; Thomas Lambert, his wife, children 
 and several men and women servants ; John Lambert 
 and servant; Thomas Revell, his wife, children and 
 servants; Godfrey Hancock, his wife, children and 
 servants; Thomas Potts, his wife and children; John 
 Wood and four children ; Thomas Wood, his wife and 
 children ; Robert Murfin, his wife and two children ; 
 Robert Schooly, his wife and children ; James Pharo, 
 his wife and children; Susannah Fairnsvvorth, her 
 children and two servants ; Richard Tattersal, his wife 
 and children; Godfrey Newbold, John Dewsbury^ 
 Richard Green, Peter Frctwell, John Fretwell, John 
 Newbold, one Barns, a merchant from Hull, Francis 
 Barwick, George Parks, George Hill, John Hey res,, 
 and several more. 
 
 In this year also arrived a ship from London, which 
 brought John Denn, Thomas Kent, John Hollins- 
 head, with their families; William Hewlings, Abra- 
 ham Hewlings, Jonathan Eldridge, John Petty, Tho- 
 mas Kirby, with others: The first of these settled 
 about Salem, the rest at Burlington. About this 
 time, and a few vears afterwards, arrived at Burlino^ton, 
 the following settlers from England, viz. John Butcher, 
 Henry Grnbb, William Butcher, William Brightwin, 
 Thomas Gardner, John Budd, John Bourten, Seth 
 Smith, Walter Pumphrey, Thomas Ellis, James 
 Satterthwaite, Richard Arnold, John Woolman, John 
 Stacy, Thomas Eves, Benjamin Duffield, John Payne, 
 Samuel Cleft, William Cooper, John Shinn, William 
 Biles, John Skein, John Warrel, Anthony Morris, 
 Samuel Bunting, Charles Read, Francis Collins, Tho- 
 mas Mathews, Christopher Wetherill, John Dewsbury, 
 John Day, Richard Basnett, John Antrora, William 
 
 ' Biddle, 
 
110 
 
 The history 
 
 A. D. Biddle, Samuel Furnace, John Ladd, Thomas Raper, 
 Roger Huggins and Thomas Wood. r. 
 
 Some hint has been given respecting the Dutch con- 
 quest of New- York and New- Jersey, «• and that in 
 1673, they were yielded to king Charles the second, by 
 the general article of the treaty of peace : It was to 
 prevent any disputes that might arise upon a plea of the 
 property being thus alienated from the first purchasers, 
 that that king did, by his letters patent bearing date 
 the 2dth day of June, 1674, grant unto the duke of 
 York, his heirs and assigns, the several tracts of land 
 
 in 
 
 r. Several of these have died within a few years past ; whether any 
 but Wood are yet living, cannot here be told. 
 
 s. The accounts of that affair, tho' sufficient to authenticate the 
 facis, are defective : Sir George Carteret in a pnblick declaration to 
 the inliabitiints, dated July 31, 1674, asserts it positively. The 
 ingenious author of the history of New-York, says, (p. 29, 30, 31.) 
 'A few Dutch ships arrived the 30th of July 1673, under Staten- 
 ' Island, at the distance of a few miles from the city of New-York. 
 'John Manning a c;iptain of an independent company, had at that 
 ' time the command of the fort, and by a messenger sent down to the 
 'squadron, treacherously made his peace with the enemy. On 
 'tn.at very day, the Dutch ships came up, moored under the fort, 
 'landed their men, and entered the garrison, without giving or 
 'receiving a shot. A council of war was afterwards held at the 
 'Sladt-House, at which were present, Cornelius Evertse, jun. and 
 'Jacob Benkes, commodores, and Anthony Colve, Nicholas Boes, 
 'Abraham Ferd. Van Zyll, captains. All the magistrates and 
 'constables from East- Jersey, Long Island, Esopus and Albany, 
 'were immediately summoned to New- York ; and the major part 
 'of them swore allegiance to the States General, and the prince 
 'of Orange. Col. Lovelace was ordered to depart the province, 
 'but afterwards obtained leave to return to England with commo- 
 'dore Benkes. It has often been insisted on, that this conquest 
 ' did not extend to the whole province of New-Jersey; but upon 
 'what foundation I cannot discover: From the Dutch records it 
 ' appears, that deputies were sent by the people inhabiting the 
 'country, even so far westward as Delaware river, who in the name 
 'of their principals, made a declaration of their submission; in 
 'return for which, certain privileges were grnnted to them, and 
 'three judicatories erected at Niewer Amslel, Upland, and Hoarkill. 
 ' — The Dutch governor enjoyed his office but a very short season, 
 'for on the 9th of February 1674, the treaty of peace between 
 'England and the States General was signed at Westminster; the 
 •'.sixth article of which .restored this country to the English." 
 
Of IS^EW-JERSEY. 
 
 Ill 
 
 in America, which by the former letters patent had A. D. 
 been granted to him ; of which New- Jersey was part. 
 In this year, upon the apph'cation of the assigns of 
 lord Berkely, the duke made them a new grant of West 
 JSTew-Jersey ; and in like manner by an instrument 
 bearing date the 10th of October, granted tlie eastern 
 moiety of New- Jersey, to the grandson of sir George 
 Carteret. o f 1. 
 
 CHAP. VII. 
 
 Letters from some of the settlers of West- Jersey: 
 and arguments against the customs imposed at theHoar 
 Kill by the governor of New- York. 
 
 SOME letters from the first settlers of West- Jersey, 
 with accounts of their situation and sentiments of 
 the country, have already been introduced ; more 
 might be added, but the following may suffice in this 
 place. 
 
 Abstract of Mahlon Stacy's letter to his brother 
 Revell, and some others, dated the 26th of the 4th 
 month 1680. 1680. 
 
 ' But now a word or two of those strange reports you 
 ' have of us and our country ; I affirm they are not 
 ' true, and fear they were spoke from a spirit of envy : 
 ' It is a country that prodaceth all things for the support 
 ^ and sustenance of man, in a plentiful manner; if it 
 * were not so, I should be ashamed of what I have 
 ' before written ; but I can stand, having truth on my 
 ' side, against and before the face of all gainsay ers 
 ^ and evil spies : I have travelled through most of 
 ' the places that are settled, and some that are not, and 
 ' in every place I find the country very apt to answer 
 the expectation of the diligent : I have seen orchards 
 ' laden with fruit to admiration, their very limbs 
 ^ torn to pieces with the weight, and most delicious to 
 
 'the 
 
112 
 
 The history 
 
 A. D. < the taste, and lovely to behold ; I have seen an apple 
 1680. i ^pgg from a pippin kernel, yield a barrel of curious 
 ' cyder ; and peaches in such plenty, that some people 
 
 * took their carts a peach-gathering ; I could not but 
 ' smile at the conceit of it : They are a very delicate 
 ' fruit, and hang almost like our onions that are tied 
 ' on ropes : I have seen and knoM^n this summer, forty 
 ' bushels of bold wheat of one bushel sown ; and many 
 ' more such instances I could bring ; which would be 
 ' too tedious here to mention : We have from the time 
 ' called May until Michaelmass, great store of very 
 ' good wild fruits, as strawberries, cranberries and 
 ' hurtleberries, which are like our bilberries in England, 
 
 * but far sweeter ; they are very wholesome fruits. The 
 ' cranberries much like cherries for colour and bigness, 
 ' which may be kept till fruit come in again ; an excel- 
 ' lent sauce is made of them for venison, turkeys, and 
 ' other great fowl, and they are better to make tarts 
 'than either goosberries or cherries; we have them 
 ' brought to our houses by the Indians in great plenty. 
 ' My brother Robert had as many cherries this year as 
 ' would have loaded several carts : It is my judgment 
 ' by what I have observed, that fruit trees in this 
 ' country destroy themselves by the very weight of their 
 ' fruit : As for venison and fowls, we have great plen- 
 ' ty : We have brought home to our houses by the 
 ' Indians, seven or eight fat bucks of a day ; and some 
 ' times put by as many ; having no occasion for them ; 
 ' and fish in their season very plenteous : My cousin 
 ' Revell and I, with some of my men, went last third 
 ' month into the river to catch herrings ; for at that 
 ' time they came in great shoals into the shallows ; we 
 ' had neither rod nor net ; but after the Indian fashion 
 ' made a round pinfold, about two yards over, and a 
 ' foot high, but left a gap for the fish to go in at, and 
 ' made a bush to lay in the gap to keep the fish in ; and 
 'when that was done, we took two long birches and 
 ' tied their tops together, and went about a stone's cast 
 ' above our said pinfold ; then bawling these birche's 
 ' boughs down the stream, where we drove thousands 
 
 before 
 
Of NEW-JERSEY. 
 
 113 
 
 before us, but so many got into our trap as it would 
 hold, and then we began to hawl them on shore as 
 fast as three or four of us could, by two or three at a 
 time ; and after this manner, in half an hour, we 
 coidd have filled a three bushel sack of as good and 
 large herrings as ever I saw ; and as to beef and pork, 
 here is great plenty of it, and cheap ; and also good 
 sheep : The common grass of this country feeds beef 
 very fat : I have killed two this year, and therefore I 
 have reason to know it; besides I have seen this fall, 
 in Burlington, killed eight or nine fat oxen and cows 
 on a market day, and all very fat : And though I 
 speak of herrings only, lest any should think we 
 have little other sorts, we have great plenty of most 
 sorts of fish that ever I saw in England ; besides 
 several other sorts that are not known there ; as rocks, 
 cat-fish, shads, sheeps-heads, sturgeons ; and fowls 
 plenty ; as ducks, geese, turkies, pheasants, par- 
 tridges, and many other sorts that I cannot remember, 
 and would be too tedious to mention. Indeed the 
 country, take it as a wilderness, is a brave country, 
 though no place will please all. But some will be ready 
 to say, he writes of conveniencies, but not of incon- 
 veniencies : In answer to those, I. honestly declare, 
 there is some barren land, as (I suppose) there is in 
 most places of the world, and more wood than some 
 would have upon their lands ; neither will the country 
 produce corn without labour, nor cattle be got with- 
 out something to buy them, nor bread with idleness ; 
 else it would be a brave country indeed : And I que- 
 stion not, but all then would give it a good word ; for 
 my part I like it so well, I never had the least thought 
 of returning to England, except on the account of 
 trade. Mahlon Stacy.' 
 
 In a letter to William Cook of Sheffield, and others, 
 Stacy wrote thus : M. Stacy. 
 
 ' This is a most brave place ; whatever envy or evil 
 'spies may speak of it, I could wish you all here; 
 ' Burlington will be a place of trade quickly ; for here 
 
 H ' is 
 
114 
 
 The history 
 
 A, D. ' is way for trade : I, with eight more, last winter, 
 1680. t bought a good ketch of fifty tons, freighted her out at 
 ' our own charge, and sent her to Barbados, and so to sail 
 ' to Saltertugas, to take in part of her lading in salt, and 
 
 * the rest in Barbados goods as she came back ; which 
 'said voyage she hath accomplished very well, and 
 
 * now rides before Burlington, discharging her lading, 
 ' and so to go to the West-Indies again ; and we intend 
 ' to freight her out with our own corn. We have 
 ' wanted nothing since we came hither, but the com- 
 
 * pany of our good friends and acquaintance ; all our 
 
 * people are very well, and in a hopeful way to live 
 ' much better than ever they did ; and not only so, but 
 ' to provide well for their posterity : Tliey improve 
 
 • * their lands and have good crops ; and if our friends 
 '* and countrymen come, they will find better reception 
 ' than we had by far at first, before the country was 
 
 * settled as now it is. I know not one among the 
 
 * people, that desires to be in England again ; I mean 
 
 * since settled : I wonder at our Yorkshire people, that 
 
 * they had rather live in servitude, and work hard all the 
 
 * year, and not be three pence the better at the year's 
 ' end, than stir out of the chimney corner and transport 
 
 * themselves to a plaoe where, with the like pains, in 
 
 * two or three years, they might know better things. 
 
 ' I never repented my coming hither, nor yet remem- 
 ' bred thy arguments and out-cry against New-Jersey 
 ' with regret. I live as well to my content, and in as 
 
 * great plenty as ever I did, and in a far more likely 
 ' way to get an estate. Tho' I hear some have thought 
 ' I was too large in my former, I afiS.rm it to be true ; 
 
 * haviDg seen more with mine eyes in this time since, 
 ' than ever yet I wrote of J- Mahlon Stacy. 
 
 'From the Falls of Delaware, in West-New- 
 ' Jersey, the 26th of the 4th month, 1680.' Abstract 
 
 t. The inhabitants of West-Jersey, had hitherto either pounded 
 their corn or ground it with hand mills; but about this time Olive 
 had built his water mill on his plantation, nigh Eankokas creek ; 
 and in this year Stacy finished his mill at Trenton : This last having 
 been rebuilt, continues good : These two were the only mills that 
 . ground for the country several of the first years after their arrival. 
 
Op new-jersey. 
 
 115 
 
 Abstract of a letter from Daniel Wills to William A. D. 
 Biddle, in Bishop's-gate-Street, London.^- 
 ' Dear friend, 
 
 ' Let every man write according to his judgment, 
 and this is mine concerning this county ; I do really ^- Wills, 
 believe it to be as good a country as any man need to 
 dwell in ; and it is much better than I expected 
 every way for land I will assure thee ; here is as good 
 by the judgment of men, as any in England ; and 
 for my part I like the country so well, and it is so 
 pleasant to me, that if I had a good estate in land in 
 England, I should not come to live upon it ; for 
 through industry here will be all things produced that 
 are necessary for a family as in England, and far more 
 easy, I am satisfied : When I am walking alone, 
 au l the sense of the Lord's srood dealings is brought 
 before me ; I cannot but admire him for his mercies, 
 and often in secret bless his name, that ever he 
 turn'd my face hitherward, and gave me confidence 
 in himself, and boldness by faith, to oppose all 
 gainsayers ; though never so strong : Although then 
 1 could not say, it seemed so clear to leave the land of 
 my nativity, yet now it is to me a certainty, that my 
 removal was right, and in what I did, I had peace ; 
 and in all my exercises by sea and land, I never felt 
 the least matter in me, as to desire I had not come 
 forward, but rather rejoiced in the midst of all. 
 Though my removal was not ordinary, because of 
 the largeness of my family, yet blessed be God, all is 
 well to our content ; if thou heeds every objection, it 
 will be work enough : My resolutions were, and my 
 sayings to several opposers, that I -svould come ; if 
 God hindred me not, no man should. I have writ 
 to John Mulliner and Edward Cooper largely, con- 
 cerning the country, and refer to that letter. Now 
 my near and ancient acquaintance, William and 
 Sarah Biddle, my love you may feel beyond expres- 
 
 ' sion : 
 
 M. William and Sarah Biddle, with their family, removed for 
 West-J ersey, in the summer, 1681. 
 
The history 
 
 ' sion ; and if you have clearness to come to New- Jersey ^ 
 ' let nothing hinder ; but if you have a stop within 
 ' yourselves, let not any thing farther you until the way 
 ' clears to your full satisfaction. In this advice I deny 
 ' myself ; if I might I would forward yoa to the utmost, 
 ' but I dare not ; if a man cannot live here, I believe 
 ' he can hardly live in any place in the world ; the place 
 ' being, as I thought, set before me, by him who gives 
 ' length of days ; I will wait his good pleasure, and see 
 ' what he will afford me in it. The last ship that came 
 ' to New- York, brought several passengers, some of 
 / which came to see this country, and liked it well ; 
 ' so dear friends, you may stand against all opposers- 
 ' concerning the land, for it is good. 
 
 Burlinglon, 6th of lltli DaNIEL WiLLS.' 
 
 month, 1679-80. 
 
 Though the passengers who had already come to 
 West-Jersey, were well satisfied with the country, 
 things in general answering beyond their expectation 
 yet they were under one great inconveniency. We have 
 seen, that the governor of New- York, had very early 
 imposed ten per cent, on all goods imported at the Hoar 
 Kill; and on exports, something in kind still subsisted; 
 Five per cent being demanded of the settlers at arrival, 
 or afterwards, at the officer's pleasure; and that not 
 according to the neat cost of the goods, but upon the 
 foot of the invoice, as shipped in England : This was 
 evidently an arbitrary act ; neither West- Jersey nor the 
 Hoarkill was legally under their jurisdiction ; the settlers 
 from the first complained of the hardship, but bore it with 
 tolerable patience, till about 1680 ; when they had it re- 
 dressed by the interposition of their friends in England, 
 who applying to the duke of York, he referred the matter 
 to council ; there it rested for a considerable time ; but at 
 last, by the diligence of W. Penn, Geo. Hutchinson, and 
 others, was reported in their favour : Sir John Werden, 
 on the duke's behalf, wrote to have it discontinued. 
 
 The 
 
Of new-jersey. 
 
 117 
 
 The arguments used against this duty or impost, may A. D. 
 be seen by the following. 
 
 ' To those of the duke's commissioners, whom he has 
 ' ordered to hear, .and make report to him, con- 
 ' cerning the customs demanded in New West-Jer- 
 ' sey, in America, by his governor of New- York. 
 ' 1st. The king has granted to the duke of York, Argu- 
 ' a tract of land in America, consisting of several ^^^^ 
 ' Indian countries, with such powers and authorities customs at 
 ' as are requisite to make laws, and to govern and the Hoar- 
 ^ preserve the territory when planted: But with this ^^^^®* 
 ^ restriction twice expressed, and several times referred 
 ' to, viz. So always as the said statutes, ordinances, 
 ' and proceedings, be not contrary, but as near as may be, 
 ' agreeable to the laws, statutes, and government of this 
 ^ our realm of England. In another place thus ; And 
 'further, it may be lawful for our dearest brother, his 
 ' heirs and assigns, by these presents, to make, ordain, 
 'and establish all manner of orders, laws, directions, 
 ' instruments, and forms of government, and magistrates 
 'fit^ and necessary for the territory aforesaid : But still 
 ^with this limitation; so always as the same be not 
 ^ contrary to the laws and statutes of this our realm of 
 '• England, but as near as may be agreeable thereto. 
 
 ' 2. The duke of York, by virtue of this grant 
 •from the king to him, for a competent sum of 
 • money, (paid by the lord John Berkely and sir George 
 ■Carteret) granted and sold to them, a tract of land, 
 ; called now by the name of New-Cesarea, or New- 
 Jersey; and that in as ample manner as it was 
 ■ granted by the king to the duke. 
 
 ' Thus then we come to b.uy that moiety which 
 belonging to lord Berkeley, for a valuable considera- 
 tion ; and in the conveyance he made us, powers of 
 government are expressly granted; for that only 
 could have induced us to buy it ; and the reason is 
 plain, because to all prudent men, the government 
 of any place is more inviting than the soil ; for what 
 is good land without good laws.; the better the worse: 
 
 •'And 
 
118 
 
 The HISTOEY 
 
 A. D. ' And if we could not assure people of an easy and 
 ^free, and safe government, both with respect to 
 ' their spiritual and worldly property ; that is, an un- 
 ' interrupted liberty of conscience, and an inviolable 
 'possession of their civil rights" and freedoms, by a 
 *just and wise government, — a meer wilderness would 
 
 * be no encouragement ; for it were a madness to leave 
 'a free, good and improved country, to plant in a 
 ' wilderness ; and there adventure many thousands of 
 ' pounds, to give an absolute title to another person 
 
 * to tax us at will and pleasure : This single considera- 
 ' tion, we hope, will excuse our desire of the govern- 
 ' ment ; not asserted for the sake of power but safety ; 
 
 * and that not only for ourselves, but others ; that the 
 
 * plantation might be encouraged. 
 
 ' 3. The lord Berkeley and sir George Carteret, con- 
 ' sidering how much freedom invites, that they might 
 
 * encourage people to transport themselves into those 
 'parts, made and divulged certain concessions, con- 
 ' taining a model of government : Upon these several 
 ' went, and are there planted ; the country was thus 
 ' possessed, and the said government uninterruptedly 
 ' administered by the said lord Berkely and sir George 
 ' Carteret, or their deputy, for several years ; during 
 
 * which time no custom was demanded. 
 
 ' 4. We dealt with the said lord Berkeley, upon the 
 ' sight of these concessions, and the presumption that 
 ' neither he nor sir George Carteret, would attempt 
 ' to act any thing they had not power to do ; much 
 ' less, that they or either of them, would pretend to sell 
 
 * a power they never had ; since that would not only be 
 ' a cheat to the people that dealt with them for it, but 
 
 * an high affront to the duke. 
 
 ' 5. The moiety of New-Csesarea, or New- Jersey, 
 ' thus bought of the said- lord Berkeley, we dispose of 
 ' part of our interest to several hundreds of people, 
 'honest and industrious; these transport themselves, 
 ' and with them such houshold stuff and tools, as are 
 ' requisite for planters to have : They land at Delaware 
 'bay, the bounds of the country we bought; the 
 , ' passsage 
 
Of NEW-JERSEY. 
 
 ' passage God and nature made to it ; at their arrival 
 ' they are saluted with a demand of custom, of five 
 ' per cent, and that not as the goods may be there 
 ' worth, but according to the invoice as they cost 
 ' before shipp'd in England ; nor did they take them as 
 ' they came, but at pick and chose, with some severe 
 ' language to boot. This is our grievance ; and for 
 ' this we made our application to have speedy redress, 
 ' not as a burden only, with respect to the quantum or 
 ' the way of levying it, or any circumstances made 
 ' hard by the irregularity of the officers, but as a wrong ; 
 ' for we com]3lain of a wrong done us ; and ask yet 
 ' with modesty, quo jure ? Tell us the title by what 
 ' right or law are we thus used ; that may a little miti- 
 ' gate our pain ? — Your answer hitherto hath been this, 
 " That it was a conquered couutry ; and that the king, 
 " being the conqueror, he has power to make laws, 
 " raise money, &c. and that this power jure regale, the 
 " king hath vested in the duke, and by that right and 
 " sovereignty, the duke demands that custom we com- 
 " plain of." ' But suppose the king were an absolute 
 ' conqueror in the case depending, doth his power 
 ' extend equally over his own English people, as over 
 ' the conquered ? Are not they some of the letters that 
 ' make up the word conqueror ? Did Alexander con- 
 ' quer alone, or Caesar beat by himself? No. Shall 
 ' their armies of countrymen and natives lie at the same 
 ' mercy as the vanquished, and be exposed to the same 
 ' will and power with their captive enemies? The Nor- 
 ' man duke, more a conqueror of England, by his 
 ' subjection to our laws, and pretence to a title by them, 
 ' than of heraldry by his arms, used not the compa- 
 ' nions of his victory so ill : Natural right and humane 
 ' prudence, oppose such doctrine all the world over ; 
 ' for what is it but to say, that people free by law under 
 ' their prince at home, are at his mercy in the plan- 
 ' tations abroad ; and why ? because he is a conqueror 
 ' there, but still at the hazard of the lives of his own 
 ' people, and at the cost and charge of the publick : 
 * We could say more, but choose to let it drop. But 
 
 ' our 
 
120 
 
 The history 
 
 A. D. ' our case is better yet ; for the kings grant to the duke 
 1680. ( q£ York, is plainly restrictive to the laws and govern- 
 ' ment of England, and that more than once, as is 
 ' before expressed. Now the constitution and ^overn- 
 ' ment of England, ; as we humbly conceive, are so 
 ' far from countenancing any such authority, as it is 
 ' made a fundamental in our constitution and govern- 
 ' ment, that the king of England cannot justly take his 
 ' subjects goods without their consent : This needs no 
 ' more to be proved, than a principle ; 'tis jus indigene, 
 ' an home-born right, declared to be law by diverse 
 ' statutes ; as in the great charter, ch. 29, and 34 Ed. 
 ' 3, ch. 2 ; again, 25 Ed. ch. 7. Upon this were many 
 ' of the parliament's complaints grounded ; but parti- 
 ' cularly that of the same king's reign, as is delivered by 
 
 ' Mat. Westminster, in these words : ^- To 
 
 'give up this (the poAver of making laws) is to change 
 
 * the government, to sell, or rather resign ourselves to 
 ' the will of another ; and that for nothing : For under 
 ' favour we buy nothing of the duke, if not the right 
 
 * of an undisturbed colonizing, and that as Englishmen 
 ' with no diminution, but expectation of some increase 
 ' of those freedoms and privileges enjoyed in our own 
 ' country : for the soil is none of his, 'tis the natives, by 
 ' the Jus gentium, by the law of nations ; and it would 
 ' be an ill argument to convert to Christianity, to expel 
 ' instead of purchasing them out of those countries : 
 ' If then the country be theirs, it is not the duke's ; 
 ' he cannot sell it ; then what have we bought ? We 
 ' are not unanswered in this point, and desire you to 
 ' do it with all due regard to the great honour and 
 'justice of the duke: If it be not the right of colo- 
 
 * nizing there, "which way have we our bargain, that 
 ' pay an arbitrary custom, neither known to the laws 
 
 * of England, nor the settled constitution of New- 
 ' York, and those other plantations? To conclude this 
 
 ' point 
 
 X. The manuscript copy whence this is taken, is here defaced : 
 It contains a number of authorities from Bracton, Fortesque, the 
 petition of right, &c 
 
 I 
 
Of NEW-JEESEY. 
 
 121 
 
 point, we humbly say, that we have not lost any part A. D. 
 of our liberty, by leaving our country; for we leave 1680. 
 not our king, nor our government, by quitting our 
 soil ; but we transplant to a place given by the same 
 king, with express limitation to erect no polity con- 
 trary to the same established government, but as near 
 as may be to it; and this variation is allowed but for 
 the sake of emergencies ; and that latitude bounded 
 with these words, for the good of the adventurer and 
 planter ; which that exaction of custom can never be : 
 In that it not only varies to the discouragement and 
 prejudice of the planter, but contradicts his native 
 laws, riglits and liberties, and lays a foundation for 
 another sort of government than that which was only 
 known to his fathers ; unto the just defence of M^hich 
 he is engaged by nature and municipal laws : So far 
 the point of law. 
 
 ' We shall now insist upon the equitv of our 
 case ; First, This very tax of five per cent, is a 
 thing not to be found in the duke's conveyances, 
 but an after-business ; a very surprize to the planter ! 
 and such an one, as could they have foreseen, they 
 would have sooner taken up in any other plantation 
 in America. In the next place, 
 
 ' 2. New-Jersey never paid custom before last 
 peace, and that peace re-invests every proprietor by 
 articles. JSTow we bought it when free, since which 
 time this imposition is born ; must we be subjected to 
 the payment of one tax, of greater value than the 
 country? This in plain English, is under another 
 name, paying for the same tiling twice over; nay, 
 had the soil been purchased of the Indians, by those 
 of whom we bought it, and given us ; it had been 
 dearly accepted, upon this condition, and with this 
 incumbrance ; but it was bought by us, and that for 
 a valuable consideration here ; and is now purchased 
 again of the natives there too ; this makes our case 
 extreme hard, and we pray relief. 
 
 ' 3. Custom in all governments in the world, is laid 
 * upon trade, but this upon planting is unprecedented : 
 
 'Had 
 
122 
 
 The history 
 
 A. D. . < Had we brought commodities so these parts to sell, 
 • * made profit out of them, and returned to the advan- 
 ' tage of traders ; there had been some colour or pre- 
 
 * tence for this exaction ; but to require and force a 
 
 * custom from persons for coming to their property, 
 
 * their own terra firma, their habitations ; in short, 
 
 * for coming home, is without a parallel ; this is pay- 
 ' ing custom not for trading, but landing ; not for 
 ' merchandizing, but planting ; in very deed for 
 ' hazarding ; for there we go ; carry over our families 
 
 * and estates; adventure both for the improvement of 
 
 * a wilderness, and are not only told we must pay here- 
 
 * after out of our gains and improvements, but must 
 ' pay out of our poor stock and principal, (put into 
 'goods) five pounds in the hundred; and not as they 
 *are there worth, but as they here cost; and this for 
 'coming to plant: So that the plain English of the 
 'tragedy is this; we twice buy this moiety of New- 
 ' Jersey, first of lord Berkeley, and next of the natives; 
 'and what for? the better to mortgage ourselves and 
 ' posterity to the duke's governors, and give them a 
 ' title to our persons and estates, that never had any 
 ' before : But pray consider, can there be a house 
 ' without a bottom ; or a plantation before a people ? 
 ' if not, can there be a custom before a trade ? Thus 
 'much for the equitable part of our plea; the next 
 ' and last, is the prudential : We do offer several things 
 ' in point of prudence, why the duke should desist 
 ' from the exaction : First, there can be no benefit to 
 'a prince in America, there can be no trade, without 
 ' a people ; there will be no people where there is no 
 
 * encouragement ; nor can there be any encouragement 
 ' where people have not greater privileges by going 
 'than staying; for if their condition be not meliorated, 
 'they will never forego tJie comfort of their kindred 
 ' they must leave behind them, nor forsake their 
 ' native country, run the hazard of the seas ; nor 
 ' lastly, expose themselves to the wants and difificul- 
 ' ties of a wilderness ; but on the contrary, if they 
 'have less privileges there than at home, 'tis every 
 
 ' way 
 
 I 
 
Of new- jersey. 
 
 123 
 
 way to worst themselves to go ; for they do not only A. D. 
 pay custom here for going, but there for arriving ; 1680, 
 which is not done in any other plantation, even when 
 our men go to merchandize and not to plant, which 
 is our case : Besides there is no end of this power ; 
 for since we are by this precedent, assessed without 
 any law, and thereby excluded our English right of 
 common assent to taxes ; what security have we of 
 any thing we possess? we can call nothing our own, 
 but are tenants at will, not only for the soil but for 
 all our personal estates ; we endure penury and the 
 sweat of our brows, to improve them at our own 
 hazard only : This is to transplant, not from good 
 to better, but from good to bad ; this sort of conduct 
 has destroyed government, but never raised one to 
 any true greatness ; nor ever will in the duke's terri- 
 tories, whilst so many countries equally good in soil 
 and air, surrounded with greater freedom and secu- 
 rity : Whereas if the duke please to make all planters 
 easy and safe in their liberty and property, such a 
 just and free government will draw in other places, 
 encourage persons to transplant into his country, and 
 his disbursements will, soon be at an end ; his revenues, 
 with satisfaction to the people, presently visibly 
 augmented : Next this encouragement shipping and 
 seamen, which not only takes off abundance of idle 
 people, but our native growth and manufacture, and 
 the export of them ; and the import of the produce 
 of these plantations, in a little time overflow and 
 advance the revenue of the crown : Virginia and 
 Barbados are proofs undeniable in the case. 
 
 ' Lastly, the duke's circumstances, and the people's 
 jealousies considered, we humbly submit it, if there 
 can be in their opinion, a greater evidence of a design 
 to introduce an unlimited government, than both to 
 exact such an un terminated tax from English planters, 
 and to continue it after so many repeated complaints ; 
 and on the contrary, if there can be any thing so 
 happy to the duke's present affairs, as the oppor- 
 tunity he hath to free that country with his own hand, 
 
 * and 
 
124 
 
 The history 
 
 A. D. 
 
 1680. 
 
 Jenings to 
 Penn, &c. 
 
 ^ and to make us all owners of our liberty, to his favour 
 ' and justice : So will Englishmen here know what to 
 ' hope for, by the justice and kindness he shews to 
 ' Englishmen there ; and all men to see the just model of 
 ' his government in New- York, to be the scheme and 
 
 * draught in little, of his administration in Old England 
 ' at large, if the crown should ever devolve upon his 
 ' head. The conclusion is this, that for all these reasons 
 ' in law, equity and prudence, alledged ; you would 
 'please to second our request to the duke, that like 
 ' himself, he would void this taxation, and put the 
 ' country in such an English and free condition, that 
 ' he may be as well loved and honoured, as feared by all 
 ' the inhabitants of his territory ; that being great 
 ' in their affections, he may be great by their industry ; 
 ' which will yield him that wealth, that parent of 
 
 * power, that he may be as great a prince by property 
 
 * as by title/ 
 
 That this custom was now taken oif, will, among 
 
 other things, appear by the following letter from 
 
 Samuel Jenings,?/- directed to William Penn, Edward 
 
 Byllinge, or Gawen Lawrie. 
 
 ' Dear friends, 
 ' This may give you an account of mine 
 families safe arrival in New-Jersey, with all 
 that came with us. I might say something 
 
 and my 
 the rest 
 
 concern- 
 ing our passage at sea, but I wave it for want of 
 time, and in fine may observe all was well; for 
 which I bless God ; and the Lord keep us all sensible 
 of it, with the rest of his mercies forever. 
 
 ' Dear friends, about six weeks since, we arrived in 
 Delaware river, where I expected to have met with a 
 combat, in the denial of customs : In our passage at 
 sea, I had communicated -to all that had any conside- 
 rable cargo on board, the opinion of council, con- 
 cerning the illegal demand thereof^ with what else I 
 
 ' thought 
 
 y. He with his family, removed from Coles hill, the upper side 
 of the county of Bucks, about the third month, 1680. 
 
Of NEW-JERSEY. 
 
 125 
 
 ' thought might be for their information ; which thus 
 ' far prevailed, that most if not all concerned, seemed 
 ' resolved to deny the paying of custom here ; having paid 
 ' all the king's duties in England. In good time we 
 
 * came to anchor in Delaware, where one Peter Alrick 
 ' came aboard, and brought a handsome present to our 
 ' commander, and sent for me into the round-house, 
 ' where they both were, and Peter told me he had 
 'nothing to say to us relating to customs he had no 
 ' commission for it, nor did he know of any body that 
 ' had ; so we had all our goods safely landed after this 
 ' unexpected easy manner. 
 
 ' In pursuance of the trust committed to me after my 
 'arrival, I acquainted those nominated in the commis- 
 ' sion with me of it ; but in a short time after I receive<l 
 ' your letters, giving an account of a new grant obtained,. 
 ' wherein the customs are taken oft', a free port con- 
 ' firmed, and the government settled on Edward Byl- 
 ' linge ; whicii I doubt not will be very acceptable to 
 
 • every honest man ; but as yet I have not had time to 
 ' let the people in general know it : And now seeing 
 ' the ports are made legally free, and the government 
 ' settled, I would not have any thing to remain as a 
 ' discouragement to planters : Here are several good 
 ' and convenient settlements already, and here is land 
 ' enough and good enough for many more. 
 
 a. He used to collect the customs. 
 
 CHAP. 
 
126 
 
 The history 
 
 A. D. 
 1680. 
 
 Jenings 
 deputy 
 governor. 
 
 Fnnda- 
 ■mentals. 
 
 CHAP. yiii. 
 
 The first form of government in West- Jersey, under the 
 proprietors : The first laws they made : The method 
 of regulating land affairs ; and a further account of 
 the Indians found in the first settled part of these 
 provinces. 
 
 TH E western part of New- Jersey, was now become 
 populous, by the accession of many settlers. 
 Jenings, who arrived last year, about this time, 
 received a commission from Byllinge, (whom the pro- 
 prietors in England, as mentioned before, had chosen 
 governor) to be his deputy : He called an assembly, 
 and with them agreed upon certain fundamentals of 
 government, as follows. 
 
 * Province of West-New- J ersey, in America, the 25th 
 of the 9th month called November, 1681. 
 
 ' Forasmuch as it hath pleased God to bring us into 
 this province of "West-New-Jersey, and settle us here 
 in safety, that we may be a people, to the praise and 
 honour of his name, who hath so dealt with us, and 
 for the good and wellfare of our posterity to come : 
 We, the governor and proprietors, freeholders and 
 inhabitants of West-New-Jersey, by mutual consent 
 and agreement, for the prevention of innovations 
 and oppression, either upon us, or our posterity, and 
 for the preservation of the peace and tranquility of 
 the same ; and that all may be encouraged to go on 
 chearfully in their several places ; we do make and 
 constitute these our agreements, to be as fundamentals 
 to us, and our posterity, to be held inviolable ; and 
 that no person or persons whatsoever, shall or may 
 make void or disannul the same, upon any pretence 
 whatsoever. 
 
 ' 1. That there shall be a general free assembly f)r 
 ' the province aforesaid, yearly and every year, at a day 
 
 ^ certain 
 
Of new-jersey. 
 
 ■ certain, chosen by the free people of the said province, 
 
 ■ whereon all the representatives for the said province 
 shall be summoned to appear, to consider of the 
 affairs of the said province, and to make and ordain 
 such acts and laws as shall be requisite and necessary 
 for the good government and prosperity of the free 
 people of the said province ; and (if necessity shall 
 require) the _ governor for the time being, with the 
 consent of his council, may and shall issue out writs 
 to convene the assembly sooner, to consider and 
 answer the necessities of the people of the said pro- 
 vince. 
 
 ' 2. That the governor of the province aforesaid, 
 his heirs or successors, for the time being, shall not 
 suspend or defer the signing, sealing and confirm- 
 ing of such acts and laws as the general assembly 
 (from time to time to be elected by the free people of 
 the province aforesaid) shall make or enact for the 
 securing of the liberties and properties of the said 
 free people of the province aforesaid. 
 
 ' 3. That it shall not be lawful for the governor of 
 the said province, his heirs or successors, for the time 
 being, and council, or any of them, at any time or 
 times hereafter, to make or raise war upon any ac- 
 count or pretence whatsoever, or to raise any military 
 forces within the province aforesaid ; without the 
 consent and act of the general free assembly, for the 
 time being. 
 
 ' 4. That it shall not be lawful for the governor of 
 the said province, his heirs or successors, for the time 
 being, and council, or any of them, at any time or 
 times hereafter, to make or enact any law or laws 
 for the said province, without the consent, act and 
 concurrence of the general assembly : And if the 
 governor for the time being, his heirs or successors, 
 and council, or any of them, shall attempt to make 
 or enact any such law or laws, of him or themselves, 
 without the consent, act and concurrence of the 
 general assembly; that from thenceforth, he, they, 
 or so many of them, as shall be guilty thereof, shall 
 
 ' upon 
 
The history 
 
 ' upon legal conviction, be deemed and taken for 
 ' enemies to the free people of the said province ; 
 
 * and such act so attempted to be made, to be of no 
 ' force. 
 
 ' 5. That the general free assembly, from time to 
 ' time, to be chosen as aforesaid, as the representatives, 
 ' of the people, shall not be prorogued or dissolved, 
 ' before the expiration of one whole year, to com- 
 ' mence from the day of their election, without their 
 ' own free consent. 
 
 ' 6. That it shall not be lawful for the governor of 
 
 * the said province, his heirs or successors, for the time 
 ' being, and council, or any of them, to levy or raise 
 ' any sum or sums of money, or any other tax whatso- 
 ' ever ; without the act, consent and concurrence of 
 ^ the general Assembly. 
 
 ' 7. That all officers of state or trust, relating to the 
 ' said Province, shall be nominated and elected by the 
 ' general free assembly for the time being, or by their 
 ' appointment ; which officer and officers, shall be 
 ' accountable to the general free assembly, or to such as 
 ' the said assembly shall appoint. 
 
 ' 8. That the governor of the province aforesaid, 
 ' his heirs or successors, for the time being, or any of 
 ' them, shall not send ambassadors, or make treaties, 
 ' or enter into alliances, upon the public account of the 
 ' said province, without the consent of the said general 
 ' free assembly. 
 
 ' 9. That no general free assembly hereafter to be 
 ' chosen by the free people of the province aforesaid, 
 ' shall give to the governor of the said Province for the 
 ' time being, his heirs or successors, any tax or custom 
 ' for longer time than for one whole year. 
 
 ' 10. That liberty of conscience, in matters of faith 
 ' and worship towards God, shall be granted to all 
 ' people within the province aforesaid, who shall live 
 ' peaceably, and quietly therein ; and that none of the 
 ' free people of the said province, shall be rendered un- 
 
 * capable of office in respect of their faith and worship. 
 
 * Upon 
 
Of NEW-JERSEY. 
 
 129 
 
 ' Upon the governor's acceptance and performance ^ 
 ' of the proposals herein before expressed, we the ge- 
 ' neral free assembly, proprietors and freeholders of 
 ' the province of West New-Jersey aforesaid, do accept 
 'and receive Samuel Jenings, as Deputy Governor. 
 ' In testimony whereof I have hereunto put my hand 
 ' and seal, the day and year above Avritten, 
 
 ' Samuel Jenings, Deputy Governor. 
 Subscribed also ' Thomas Olive, Speaker.' 
 
 This assembly was held from the 21st till the 28th of 
 November, and passed six and thirty laws (beside the Lws. 
 above} many of which were repealed in a few years 
 afterwards : Some of them were in substance, — That 
 it should be the business of the governor and commis- 
 sioners m see that all courts executed their offices, and 
 to punish such officers as should violate the laws : — 
 That lands legally taken up and held, planted and 
 possessed seven years, should not be subject to alteration : 
 — That all officers of trust should subscribe to do equal 
 right and justice : — That no person should be condemned 
 or hurt, without a trial of twelve men; and that in 
 criminal cases, the party arraigned to except against 
 thirty-five, or more upon valid reasons : — That in 
 every court, three justices or commissioners at least, 
 to sit and assist the jury, in cases of law; and pro- 
 nounce the judgment of the jury : That false wit- 
 nesses be fined, and disabled from being after admitted 
 in evidence, or into any public office in the province : 
 — That persons prosecuting for private wrong (murder 
 treason and theft excepted) might remit the penalty 
 or punishment either before or after condemnation : 
 — That juries should be summoned by the sheriff, 
 and none be compelled to fee an attorney to plead his 
 
 cause : That all wills should be first proved and 
 
 registered, and then duly performed : That upon 
 
 persons dying intestate, and leaving a wife and child, 
 
 I OP 
 
130 
 
 The history 
 
 A. r>. or children, the g-overnor and commissioners for the 
 X6SX 
 
 time being, were to take security, that the estate 
 should be duly administered, and the administrator to 
 secure two thirds for the child or children, the other 
 to the widow ; where there was no children, one moiety 
 or half the estate, was to go to the next of kin', the 
 other half to the widow; always provided, such 
 estate exceeded one hundred pounds ; otherwise the wi- 
 dow to have the whole ; and in cases of leaving chil- 
 dren, and no provision, the charge of bringing them 
 
 up, to be paid out of the public stock: That 
 
 felons should make restitution four fold, or as twelve 
 of the neighbourhood should determine; and such as 
 hurt or abuse the person of any, be punished according 
 to the nature of the offence : That whoso- 
 ever presumed, directly or indirectly, to sell any 
 strong liquors, to any Indian or Indians, should 
 forfeit for every such offence, the sum of three 
 pounds : — That ten men from Burlington, and ten 
 from Salem, . should be appointed to lay out and 
 clear a road from Burlington to Salem, at the public 
 expence :~That two hundred pounds should be equally 
 levyed and appropriated for the charges of government, 
 upon the several tenths, twenty pounds each ; every^ 
 man to be assessed according to his estate; and all 
 handicrafts, merchants and others, at the discretion 
 of the assessors : Persons thinking themselves aggrieved, 
 had the liberty of appealing to the commissioners of the 
 tenth they belonged to. These and other laws agreed 
 on, the commissioners next fixed the following method 
 for regulation of lands. 
 
 ' The methods of the commissioners for settling and 
 ' regulation of lands. 
 
 ^ We whose names are hereunder written, commis- 
 Eegulation ' sioners nominated, elected and chosen by the general 
 of lands. e £pgg assembly, proprietors and freeholders of the 
 
 ' province 
 
Of new-jersey. 
 
 13X 
 
 ■'province of "West-New-Jersey, the 23d day of No- 
 ' vember last past, for the settling and regulating of 
 ' lands, and other concerns within the said province ; do 
 ' by and with the approbation and consent of the 
 ' governor of the said province, and council, in pur- 
 ' suance of the said trust in us reposed, hereby fully 
 ' agree upon these rules and methods herein after fol- 
 ' lowing : (that is to say) 
 
 ' 1. That the surveyor shall measure the front of the 
 'river Delaware, beginning at Assiinpink creek, and 
 'from thence down to Cape May, that the point of 
 ' the compass may be found for the running the parti- 
 ' tion lines betwixt each tenth. 
 
 • ' 2. That each and every tenth, or ten proprieties, 
 ' shall have their proportion of front to the river Dela- 
 ' ware, and so far back into the woods as will make or 
 ' contain sixty -four thousand acres for their first settle- 
 ' ment, and for the sab-dividing the Yorkshire and 
 ' London two tenths. 
 
 ^ 3. To allow three thousand and two hundred acres 
 ' where the parties concerned please to chuse it within 
 ' their own tenth ; to be taken up according to the rules 
 ' or methods following, viz. One eighth part of a pro- 
 ' priety, and so for smaller parts, to have their full pro- 
 ' portion of the said land in one place (if they please) 
 ' and greater purchasers or shares not to exceed five 
 ' hundred acres, to one settlement. 
 
 ' 4. All lands so taken up and surveyed, shall be 
 ' seated within six months after it is so taken up ; and 
 ' if the same shall not be seated within the said time, 
 ' then such choice and survey shall be void, and the 
 ' same lands shall be free for any other purchaser to , 
 ' take up ; provided he or they so taking up the same, 
 ' do, or shall seat it, within one month after it is so 
 ' taken up. 
 
 ' 5. That no person or persons shall take up lands 
 ' on both sides of a creek, to one settlement, except 
 ' the commissioners for the time being, shall see good 
 
 * cause for their so doing. 
 
 <6. That 
 
132 
 
 The HISTOEY 
 
 ' 6. That no person or persons shall have more than 
 ' forty perches front to the river, or navigable creek, 
 ' for each and every one hundred acres, except it fall 
 ' upon a point, so that it cannot otherwise be avoided ; 
 ' and in su(;h cases it shall be left to the discretion of 
 ' the commissioners then for the time being. 
 
 ' 7. That all lands be laid out on straight lines, that 
 ' no vacancies be left between lands, but that they be 
 'joined one seat to another, except the commissioners 
 * then for the time being, shall for good causes order it 
 ' otherMMse. 
 
 ' 8. That all persons shall take their just proportions 
 ' of meadow, which shall be laid forth at the discretion 
 ' of the commissioners then for the time being. * 
 
 ' 9. That all persons who are already seated, shall 
 ' have liberty to make his settlement his choice, if he 
 ' please ; provided he or they observe and follow the 
 ' rule or method herein prescribed. 
 
 ' 10. That every proprietor shall have four hundred 
 ' acres to a propriety, and so proportionably to lesser 
 ' quantities for their town lot, over and above their 
 ' aforesaid three thousand two hundred acres ; which 
 ' may be taken any where within their own tenth, 
 ' either within or without the town bounds. 
 
 Ml. That no person or persons who have already 
 ' taken up a town lot, shall have liberty to leave it, and 
 ' take a lot elsewhere, but shall keep the same he hath 
 Haken up, as his town lot. 
 
 ' 12. That Thomas Wright shall keep his settlement, 
 ' containing four hundred acres ; and that theo ommis- 
 ' sioners for Yorkshire side, shall allow tO' the town 
 ' bounds, three hundred acres, to be taken up adjoining 
 ' to the town bounds, on Lazy Point, in lieu thereof. 
 
 '13. That no purchaser shall take up more land 
 ' within the town bounds, than belongs to his town lot, 
 ' by virtue of his purchase. 
 
 ' 14. That no person or persons (who are not pur- 
 ' chasers to whom town lot or lots are given) shall dis- 
 ' pose of, or sell his or their said lot or lots of land, 
 
 ' from 
 
Of NEW-JERSEY. 
 
 from their house or houses respectively ; and that if 
 any such person or persons as aforesaid, shall dispose 
 of, or sell such said lot or lots apart from his or their 
 said house or houses, then such said sale of lot or lots 
 shall be void and of no effect ; and the same lot or 
 lots shall from thence become forfeit, to the use of 
 the town of Burlington, to be disposed of therein, 
 at the discretion of the commissioners then for the 
 time being. 
 
 '15. That no person or persons from hence for- 
 ward, shall take up any land, without special order 
 from two or more of the commissioners for the time 
 being, first had and obtained. 
 
 '16. That all and every settlement and settlements 
 already made, which are not consonant and agreeable 
 to the rules and methods aforesaid, shall be liable to 
 regulation, according to the said rules and methods. 
 
 ' 17. That the proprietors who are yet remaining 
 in England, shall have notice, that we find it necessary 
 for the speedy settlement of this province, and for 
 the interest of all concerned therein, to allow to every 
 propriety as aforesaid, three thousand two hundred 
 acres for our first choice; and in case much people 
 shall come, as may be reasonably expected, who have 
 purchased no land in England, and desire to settle 
 amongst us ; that then we reserve liberty to take up 
 so much land more as shall fall to every propriety, 
 not exceeding five thousand and two hundred acres, 
 which was allowed to us for our first settlement: 
 Provided nevertheless, that none shall take up any 
 proportion of land, but as they shall settle it, or 
 cause it to be settled ; which is to be done after the 
 aforesaid three thousand two hundred acres shall be 
 justly taken .up and settled. 
 
 '18. That all publick highways shall be set forth, 
 at any time or times hereafter, at the discretion of 
 the commissioners for the time being, in or through 
 any lands taken up, or to be taken up ; allowing the 
 owners of such lands where such publick highways 
 
 shall 
 
134 
 
 The history 
 
 A. I). ' shall be laid forth, reasonable satisfaction at the dis- 
 1681. ( crg^ion of the commissioners, in lieu thereof. 
 
 ^ 19. Yet nevertheless, it is hereby commended and 
 
 * agreed by the authority aforesaid, that the rules and 
 
 * methods herein before agreed on, shall not make 
 ' void or disannul, all or any settlement or settle- 
 
 * ments heretofore made, in the Yorkshire tenth, who 
 
 * have seated according to a former agreement, viz. 
 ' Not having taken up more than fifty perches for each 
 ' and every hundred acres on the river or navigable 
 ' creek, and having kept their due breadth and bounds 
 
 * from the riv^er or creek. ' 
 
 ' Signed and sealed the 5th December, 1681, by 
 ' Samuel Jenings, governor, Thomas Olive, Thomas 
 ' Budd, Robert Stacy, Benjamin Scott, Thomas 
 ' Gardiner, Daniel Wills, Mahlon Stacy, ThomaS' 
 
 * Lambert. 
 
 ' 20. That all persons who have already taken up 
 ' any lands, within the first and second tenth in this 
 
 * province, shall bring in their deeds or writings, to 
 ' shew their title to such lands as they have taken up, 
 ' to Benjamin Scott, Robert Stacy, Thomas Budd, 
 ' and Thomas Gardiner, on or before the twelfth day 
 ' of this instant January, next ensuing the day of 
 
 * the date hereof. 
 
 '21. That all person or persons hereafter to take up 
 ' land within the said first and second tenth, sliall first 
 ' make application to the said Benjamin Scott, Robert 
 ' Stacy, Thomas Budd, and Thomas Gardiner, or any 
 
 * two of them ; and shall also before the said commission- 
 ' ers solemnly declare and aver, upon the penalty of the 
 
 * law of perjury, to pass against them, that the quan- 
 ' tity or portion of land contained in their respective 
 ' Deeds or other Writings, do really and in good con- 
 
 * science, belong and appertain to him or them so 
 ' requiring a warrant or warrants, for laying forth his 
 
 * or their land ; so as the said commissioners may be 
 'thereby satisfied with the justness- of his or their title 
 ' thereto ; then, and not before, the said commissioners,. 
 
Of NEW-JERSEY. 
 
 135 
 
 ' or anj two of them, shall and maj grant out a 
 ' warrant to the surveyor or his deputy, to lay out and 
 ' survey the respective proportion of land to him or 
 ' them due and appertaining as aforesaid ; enjoining 
 ' the surveyor or his deputy, to make return of his 
 ' said warrant and survey, at the next court after such 
 ' warrant granted, to be held at Burlington ; that the 
 ' same may be registered by order of the said court. 
 
 ' 22. That all proprietors and purchasers, within 
 ' the said first and second tenths, shall and may have 
 ' liberty to take his and their full proportions of land 
 ' as before within is agreed upon, of the first and second 
 ' choice in one place ; provided he or thev so doing 
 ' take not up more than five hundred acres of land in 
 ' one settlement. 
 
 ' Witness our hands and seals, the 14th day of the 
 'eleventh month, 1681. 
 
 Samuel Jenings, Governor. 
 Thomas Olive, 
 Robert Stacy, 
 Thomas Budd, 
 Daniel Wills, 
 Thomas Gardiner, 
 Benjamin Scott. 
 
 It would be vain to pretend to give a particular 
 account of all the different tribes or nations of Indians 
 that inhabited these provinces before the Europeans 
 came among them, there being probably a tribe in 
 some parts, for every ten or twenty miles, which were Indians, 
 commonly distinguished by the names of creeks or other 
 noted places where they resided ; thus, there were the 
 Assunpink,2- the Rankokas,*- the Mingo,*- the 
 
 Andastaka, 
 
 z. Stony Creek. a. Lamikas, or Chichequas, was the proper 
 Indian name; tliey did not pronounce the r at all. 
 
 b. Indian knowledge about the weather were received topicks 
 of conversation ; some of their maxims have been found as gene- 
 rally true, as things of that kind commonly are. If J acob Taylor's 
 
 intelligence 
 
 A. D. 
 
 1681. 
 
 I 
 
The history 
 
 Andastaka, the JSTesharaine, and the Shackamaxon 
 Indians; and those about Burlington were called the 
 *Mantas ;c. but these and others were all of them distin- 
 guished from the back Indians, who were a more warlike 
 people, by the general name of the Del a wares : The 
 nations most noted from home, that sometimes inha- 
 bited JSTew-Jersej, and the first settled parts of Pennsyl- 
 vania, were the Naraticongs, on the North side of Rari- 
 ton River, tlie Capitinasses, the Gacheos, the Munseys, 
 the Pomptons, the Senecas and the Maquaas this last 
 was the most numerous and powerful : Different nations 
 were frequently at war with each other, of which hus- 
 bandmen sometimes find remaining marks in their fields : 
 A little below the falls of Delaware on the Jersey side ; 
 at Point-no-point in Pennsylvania, and several other 
 places, were banks that have been formerly thrown up 
 
 for 
 
 intelligence be right, they also predicted: A sachem of this tribe 
 (he says) being observed to look at the great comet, which ap- 
 peared the first of October 1680, and asked, what he thought was 
 the meaning of that prodigious appearance? answered gravely, 
 It signifies that we Indians shall melt away, and this country be in- 
 habited by another people. How this Indian came by his knowledge 
 •without the learned Whiston's astronomical tables, or whether he 
 had any knowledge, is not so material. He will however be allowed 
 as good a right to pretend to it, when the event is considered, as the 
 other had in his conjectures concerning the cause of Noah's flood : 
 This at least till the regularity of the comets motions are better 
 known. But we see greater names have had their prognorticating 
 sentiments concerning them Hence Dr. Young in his paraphrase 
 on that chapter of Job, where the almighty challenges the patriarch 
 on the weakness of man. 
 
 Who drew the comet out to such a size 
 And pour'd his flaming train o'er half the skies? 
 Did thy resentment hang him out, does he 
 Glare on the nations,^ and denounce from thee? 
 
 c. Frogs, a creek or two in Gloucester county, are called Manta 
 or Mantau, from a larger tribe that resided there ; the Indians were 
 probably both of the same Slock. 
 
 d. The Five Nations before the sixth was added ; but few of 
 these had iheir residence in New-Jersey : They are supposed to have 
 been sometimes in fishing seasons among the others here ; the Dutch 
 called them Mahakuase. 
 
Of NEW-JEESEY. 
 
 customs. 
 
 for intrenchments, against incursions of the neiffh- ^- ^ 
 
 1681 
 
 bearing Indians, who in their canoes used sometimes to 
 go in warlike bodies from one province to another. 
 
 It was customary with the Indians of West-Jersey, 
 when they buried their dead, to put family utensils, bows 
 and arrows, and sometimes money (wampum) into the 
 grave with them ; as tokens of their affection. When a Indian 
 person of note died far from the place of his own resi- 
 dence, they would carry his bones to be buried there ; 
 they washed and perfumed the dead, painted the face, 
 and followed singly ; left the dead in a sitting posture, 
 and covered the grave pyraraidically : They were very 
 curious in preserving and repairing the graves of their 
 dead, and pensively visited them ; did not love to be 
 asked their judgment twice about the same thing : 
 They generally delighted in mirth ; were very studious 
 in observing the virtues of roots and herbs, by which 
 they usually cured themselves of many bodily distem- 
 pers, both by outward and inward applications : They 
 besides frequently used sweating, and the cold bath. «• 
 They had an aversion to beards, and would not suffer 
 them to grow ; but pluck'd the hair out by the roots : 
 The hair of their heads was black, and generally 
 shone with bear's fat, particularly that of the women, 
 who tied it behind in a large knot ; sometimes in a bag. 
 They called persons and places, by the names of 
 things remarkable, or birds, beasts, and fish ; as 
 Per-hala, a duck ; Cau-hawuk, a goose ; Quink- Quink, 
 a tit ; Pulluppa, a buck ; Shingas, a wild-cat ; and they 
 
 observed 
 
 e. The manner was to first inclose the patient in a narrow cabbin, 
 in the midst of which was a red hot stone, this frequently wet with 
 water, occasioned a warm vapour ; the patient sufficiently wet with 
 this and his own sweat, was hurried to the next creek or river, and 
 plunged into it; this was repeated as often as necessary, and some- 
 times great cures performed. But this rude method at other times 
 killed, notwithstanding ihe hardy natures of the patients ; especially 
 in the small pox and other European disorders. 
 
The history 
 
 observed it as a rule, when the rattle-snake gave notice 
 by his rattle before they approach'd, not to hurt him ; 
 but if he rattled after they had passed, they immediately 
 returned and kill'd him. They were very loving to one 
 another ; if several of them came to a christian's house, 
 and the master of it gave one of them victuals and 
 none to the rest, he would divide it into equal shares 
 amongst his companions ; if the christians visited them, 
 they would give them the first cut of their vicituals j 
 they would not eat the hollow of the thigh of any 
 thing they killed. Their chief employment was hunt- 
 ing, fishing, and fowling; making canoes, bowls, 
 and other wooden and earthen ware ; in all which they 
 were, considering the means, ingenious : In their earthen 
 bowls they boiled their water. Their women's business 
 chiefly consisted in planting In-lian corn, parching or 
 roasting it, pounding it to meal in mortars, or breaking 
 it between stones, making bread, and dressing victuals ; 
 in which they were sometimes observed to be very neat 
 and cleanly, and sometimes otherwise : They also made 
 mats, ropes, hats and baskets, (some very curious) 
 of wild hemp and roots, or splits of trees : Their young 
 women were originally very modest and shame-faced, 
 and at marriageable ages distinguished themselves with 
 a kind of work'd mats, or red or blue bays, interspersed 
 with small rows of white and black wampum, or half 
 rows of each in one, fastened to it, and then put round 
 the head, down to near the middle of the forehead : Both 
 young and old women would be highly offended at in- 
 decent expressions, unless corrupted with drink. The 
 Indians would not allow of mentioning the name of a 
 friend after death : They sometimes streaked their faces 
 with black, when in mourning ; but when their affairs 
 went well, they painted red : They were great observers 
 of the weather by the moon ; delighted in fine cl oaths ; 
 were punctual in their bargains, and observed this so 
 rnuch in others, that it was very difficult for a person 
 
 who 
 
Of new-jersey. 
 
 13» 
 
 who had once failed herein, to get any dealings with A. D. 
 them afterwards. In their councils they seldom or never 
 interrupted or contradicted one another, till two of them 
 had made an end of their discourse ; for if ever so many 
 were in company, only two must speak to each other, 
 and the rest be silent till their turn : Their language was 
 high, lofty, and sententious : Their way of counting 
 was by tens, that is to say, two tens, three tens, four 
 tens, &o. when the number got out of their reach, 
 they pointed to the stars, or the hair of their heads. 
 They lived chiefly on maze, or Indian corn roasted in 
 the ashes, sometimes beaten and boiled with water, 
 called homine; they also made an agreeable cake of 
 their pounded corn ; and raised beans and pease ; but 
 the woods and rivers aflbrded them the chief of their 
 provisions : They pointed their arrows with a sharpened 
 flinty stone, and of a larger sort, with withs for handles, 
 cut their wood ; both of these sharpened stones are often 
 found in the fields. Their times of eating were commonly 
 morning and evening ; their seats and tables the ground r 
 They were naturally reserved, apt to resent, to conceal 
 their resentments, and retain them long ; they were liberal 
 and generous, kind and affable to the English : They 
 were observed to be uneasy and impatient in sickness for 
 a present remedy, to which they commonly drank a 
 decoction of roots in spring water, forbearing flesh, 
 which if they then eat at all, it was of the female. 
 They took remarkable care of one another in sickness, 
 while hopes of life remained ; but when that was gone, 
 some of them were apt to neglect the patient. Their 
 government was monarchical and successive, and mostly 
 of the mother's side, to prevent a spurious issue. /• They 
 
 commonly 
 
 /. That is, the children of him now king, will not succeed, 
 but his brother by the mother, or children of his sister, whose sons 
 (and after them the male children of her daughters) were to reign; 
 for no woman inherited. 
 
140 
 
 The history 
 
 commonly washed their children in cold water as soon 
 as born ; and to make their limbs straight, tied them to 
 a board, and hung it to their backs when they travelled ; 
 they usually walked at nine months old : Their young 
 men married at sixteen or seventeen years of age, if by 
 that time they had given sufficient proof of their man- 
 hood, by a large return of skins : The girls married 
 about thirteen or fourteen, but stay'd with their mothers 
 to hoe the ground, and bear burthens, &g. for some 
 years after marriage : The women, in travelling, gene- 
 rally carried the luggage : The marriage ceremony 
 was sometimes thus ; the relations and friends being 
 present, the bridegroom delivered a bone to the bride, 
 she an ear of Indian corn to him, meaning that he 
 was to provide meat, she bread : It was not unusual 
 notwithstanding, to change their mates upon dis- 
 agreement; the children went with the party that 
 loved them best, the expence being of no moment to 
 either; in case of difterence on this head, the man 
 was allowed the first choice if the children were divided 
 or there was but one. Very little can be said as to their 
 religion ; much pains were taken by the early christian 
 settlers, and frequently since, to inform their judg- 
 ments respecting the use and benefit of the christian 
 revelation, and to fix restraints; but generally with 
 unpromising success, tho' instances have now and then 
 happened to the contrary : They are thought to have 
 believed in a God and immortality, and seemed to aim 
 at publick worship; when they did this, they some- 
 times sat in several circles one within another; the 
 action consisted of singing, jumping, shouting and danc- 
 ing ; but mostly performed rather as something handed 
 down from their ancestors, than from any know- 
 ledge or inquiry into the serious parts of its origin : 
 They said the. great king that made them, dwelt in a 
 
 glorious 
 
Of NEW-JERSEY. 
 
 141 
 
 glorious country to the southward, and that the spirits 
 of the best should go there and live again : Their xnost 
 solemn worship was the sacrifice of the first fruits, in 
 which they burnt the first and fattest buck, and feasted 
 together upon what else they had collected ; but in this 
 sacrifice broke no bones of any creature they eat ; when 
 done, they gathered and buried them very carefully; 
 these have since been frequently ploughed up : They 
 distinguished between a good and evil man-etta, or 
 spirit ; worshiped the first for the good they hoped ; and 
 some of them are said to have been slavishly dark in 
 praying to the last for deprecation of evils they feared ; 
 but if this be true in a general sense, some of the tribes 
 much conceal'd it from our settlers : They did justice 
 upon one another for crimes among themselves, in a 
 way of their own ; even murder might be attoned for 
 by feasts, and presents of wampum ; the price of a 
 woman kill'd was double, and the reason, because she 
 bred ohildren, which men could not do. — If sober they 
 rarely quarrelled among themselves ; they lived to sixty, 
 seventy, eighty, and more, before rum was introduced,, 
 but rarely since : Some tribes were commendably careful 
 of their aged and decrepid, endeavouring to make the 
 remains of life as comfortable as they could ; it was pretty 
 generally so, except in desperate decays ; then indeed as 
 in other cases of the like kind, they were sometimes apt 
 to neglect them. Strict observers of property, yet 
 to the last degree, thoughtless and inactive in acquiring 
 or keeping it : None could excel them in liberality of 
 the little they had, for nothing was thought too good 
 for a friend; a knife, gun, or any su(!h thing given to 
 one, frequently passed through many hands : Their 
 houses or wig-wams were sometimes together in towns, 
 but mostly moveable, and occasionally fixed near a 
 spring or other water, according to the conveniencies for 
 hunting, fishing, basket making, or other business of 
 that sort and built with poles laid on forked sticks in 
 
 the 
 
 A. D. 
 1681. 
 
142 
 
 The history 
 
 A. D. the ground, with bark, flags or bushes on the top and 
 sides, with an opening to the south, their fire in the 
 middle ; 9- at night they slept on the ground with their 
 feet towards it ; their cloathing was a coarse blanket or 
 skin thrown over the shoulder, which covered to the 
 knee, and a piece of the same tied round their legs, 
 with part of a deer skin sewed round their feet for shoes ; 
 as they had learned to live upon little, they seldom 
 expected or wanted to lay up much : h. They were also 
 moderate in asking a price for any thing they had for 
 sale: When a company travelled together, they gene- 
 rally followed each other in silence, scarcely ever two 
 were seen by the side of one another .; in roads the 
 man went before with his bow and arrow, the woman 
 after, not uncommonly with a child at her back, and 
 other burdens besides; but when these were too heavy, 
 the man assisted. To know their walks again, in un- 
 frequented woods, they heaped stones or marked trees. 
 
 In person they were upright, and strait in their 
 limbs, beyond the usual proportion in most nations; 
 their bodies were strong, but of a strength rather fitted 
 to endure hardships than to sustain much bodily labour, 
 very seldom crooked or deformed ; their features 
 regular ; their countenances sometimes fierce, in com- 
 mon rather resembling a jew than christian; the 
 colour of their skin a tawny reddish brown ; the whole 
 
 fashion 
 
 'g. From tlie years 1300 to 1500, in the towns of France, Ger- 
 'many, and England, they had scarce any but thatched houses; 
 ' and the same might be sai(J of the poorer towns in Italy: And 
 'altho' those countries were over-run with woods, they had not as 
 'yet learned to guard against the cold, by the means of chimneys, 
 ' (the kitchen excepted) an invention so useful and oruatnental to 
 'our modern apartments. The custom then was, for the whole 
 'family to sit in the middle of a sraoaky hall, round a large stove, 
 ' the funnel of which passed through the ceiling. Anderson's hist, 
 and chronological deduction of commerce. 
 
 h. Sir William Temple somewhere says, an Indian once put the 
 •question to a christian, to give him a reason, why he should labour 
 -hard all his days to make his children idle all theirs? 
 
Op H^EW- jersey. 
 
 fashion of their lives of a piece ; hardy, poor and 
 squalid : i- When they began to drink, they commonly 
 continued it as long as the means of procuring it 
 lasted. In drink they often lay exposed to all the 
 inclemencies of weather, which introduced a train of 
 new disorders among them ; They were grave, even 
 to sadness upon any common, and more so upon 
 serious occasions ; observant of those in company, 
 and respectful to the old ; of a temper cool and delibe- 
 rate ; never in haste to speak, but waited for a certain- 
 .ty, that the person who spoke before them had finished 
 all he had to say : They seemed to hold European 
 vivacity in contempt, because they found such as 
 «came among them, apt to interrupt each other, and 
 frequently speak all together : Their behaviour in 
 publick councils, was strictly decent and instructive, 
 every *one in his turn was heard, according to rank of 
 years or wisdom, or services to his country : Not a 
 word, a whisper, or a murmur, while any one spoke; 
 no interruption to commend or condemn ; the younger 
 sort were totally silent. They got fire by rubbing wood 
 of particular sorts, (as the antients did out of the ivy 
 and bays) by turning the end of a hard piece upon the 
 side of one that was soft and dry ; to forward the heat 
 they put dry rotten wood and leaves ; with the help of 
 fire and their stone axes, they would fall large trees, and 
 afterwards scoop them into bowls, &c. From ' their 
 infancy they were formed with care to endure hard- 
 ships, to bear derision, and even blows patiently ; at 
 least with a composed countenance : Though they 
 
 were 
 
 i. Uncultivated as these people are, in many of their practices, 
 when it is considered how others have refined from circumstances 
 equally low and sordid, if not quite so savage; it seems to open a 
 door of hope with regard to some of these. If we look into P^urope, 
 we shall find that even in their present state, they are not an abso- 
 lutely singular character. Vid, Hist, of Ireland, by F. Warner, 
 L. L. D. lately published, &c. 
 
The history 
 
 were not easily provoked; it was generally hard 
 to be appeased whenever it happened : Liberty in 
 its fullest extent, was their ruling passion ; to this 
 every other consideration was subservient; their 
 children were trained up so as to cherish this disposition 
 to the utmost ; they were indulged to a great degree, 
 seldom chastised with blows, and rarely chided ; their 
 faults were left for their reason and habits of the 
 family to correct ; they said these could not be great 
 before their reason commenced; and they seemed to 
 abhor a slavish motive to action, as inconsistent with* 
 their notions of freedom and independency ; even 
 strong persuasion was industriously avoided, as border- 
 ing too much on dependence, and a kind of violence 
 olfered to the will : They dreaded slavery more than 
 death : They laid no fines for crimes ; for they h^d no 
 way of exacting them : The attonement was volun- 
 tary : Every tribe had particulars in whom they reposed 
 a confidence, and unless they did something unworthy 
 of it they were held in respect : What were denominated 
 kings, were sachems distinguished among these; the 
 respect paid them was voluntary, and not exacted or 
 looked for, nor the omission regarded : The sachems 
 directed in their councils, and had the chief disposition 
 of lands. To help their memories in treaties, they 
 had belts of black and white wampum ; with these 
 closed their periods in speeches, delivering more or 
 less according to the importance of the matter treated 
 of ; this ceremony omitted, all they said passed for 
 nothing : They treasured these belts when delivered 
 to them in treaties, kept them as the records of the 
 nation, to have recourse to upon future contests; 
 governed by customs and not by laws, they greatly 
 revered those of their ancestors, and followed them so 
 implicitly, that a new thought or action but seldom 
 intruded. They long remembered kindnesses, families 
 
 or 
 
Of NEW-JERSEY. 
 
 145 
 
 %-»r particulars that had laid themselves out to deal A. D. 
 
 1681 
 
 with, entertain and treat them hospitably, or even 
 fairly in dealings, if no great kindness was received, 
 were sure of their trade : This also must undoubtedly 
 be allowed, that the original and more uncorrupt, 
 very seldom forgot to be grateful, where real benefits 
 had been received. And notwithstanding the stains of 
 perfidy and cruelty, which in 1754, and since, have dis- 
 graced the Indians on the frontiers of these provinces, 
 even these by an uninterrupted intercourse of seventy 
 years, had on many occasions, given irrefragable proofs 
 of liberality of sentiment, hospitality of action, and 
 impressions^'- that seemed to j)romise a continuation of 
 better things : But of them enough at present. 
 
 Among 
 
 k. Witness the first reception of the English, the purchases after- 
 wards, their former undeviating candor at treaties in Pennsylvania, 
 
 and other incidents. ' 
 
 Extract of a letter from C. W. Indian interpreter of a neighbouring 
 government, to C. S. printer. 
 
 'I write this to give an account of what I have observed amongst 
 ' the indians, in relation to their belief and confidence in a divine 
 ' Being, according to the observations I have made from 1714, iu 
 'time of my youth, to this day. If by the word religion, people 
 ' mean an assent to certain creeds, or the observance of a sei of reli- 
 'gious duties, as appointed prayers, singing, preaching, baptism, &c. 
 'or even heathenish worship ; then it may be said, the Five Nations 
 'and their neighbours have no religion ; but if by religion, we mean 
 'an attraction of the soul to God, whence proceeds a confidence in, 
 'and hunger after the knowledge of him ; then this people must be 
 'allowed to have some religion amongst them, notwithstanding their 
 'sometimes savage deportment. For we find amongst them some 
 ' tracts of a confidence in God alone, and even sometimes (though 
 ' but seldom) a vocal calling upon him: I shall give one or two 
 'instances of this, that fell under my own observation. 
 
 'In the year 1737, I was sent, for the first time, to Onondago, 
 'at the desire of the governor'of Virginia; 1 set out the latter end 
 'of February, very unexpectedly, for a journey of 600 English 
 'miles, through a wilderness where thertj, was neither road nor 
 ' path, and at such a time of year, when creatures could not be 
 ' met with for food ; there were a Dutchman and three Indians 
 'with me. When we were 150 miles on our journey, we came 
 'into a narrow valley, about half a mile broad, and thirty long, 
 'both sides of which were encompassed with high mountains, on 
 ' which the snow lay about three feet deep ; in it ran a stream of 
 
 ' water 
 
 K 
 
14G 
 
 The history 
 
 A. D. Among a people so immediately necessary to each 
 other, where property was little, and the anxiety of 
 
 increasing 
 
 'water, also about three feet deep, which was so crooked that it 
 'always extended from one side of the valley to the other; 
 'in order to avoid wading so often through the water, we 
 'endeavoured to pass along on the slope of the mountain; the 
 'snow three feet deep, and so hard froze on the top, that we 
 'could walk upon it: We were obliged to make holes in the snow, 
 ^ with our hatchets, that our feet migiit not slip down the mountain ; 
 'and thus we crept on. It happened that the old Indian's foot 
 'slipt, and the root of a tree by which he held, breaking, he slid 
 'down the mountain as from the roof of an house; but happily 
 'was stopt in his fall, by the string which fastened his pack hitch- 
 'ingto the stump of a small tree. The two Indians could not 
 'come to his aid, but our Dutch fellow traveller did; and that 
 ' not without visible danger of his own life: I also could not put 
 'a fool forward, till I was help'd ; after which we laid hold of the 
 'first opportunity to go down again into the valley; which wa.s 
 'not till after we laboured* hard lor half an hour, with hands and 
 'feet: We had observed a tree that lay di-ectly off from where the 
 'Indian fell ; and when we were come down into the valley again, 
 'we went back about one hundred paces, where we saw, that if 
 'the Indian had slip'd four or five paces further, he would 
 'have fell over a rock one hundred feet perpendicular, upon craggy 
 'pieces of Rocks below. The Indian was astonish'd, and turn'd 
 ' quite pale, then with out stretched arms and great earnestness, spoke 
 ' these words, / thank the great lord and governor of this ivorl.d, in 
 * that he has had mercy upon me, and has been willing that I should 
 Hive longer; which words I at that time sat down in my journal: 
 'This happened the 2.'>th of March, 1737. 
 
 'The 9th of April following, while we were yet on the journey, 
 *I found myself extremely weak, through the fatigue of so long a 
 'journey, and the cold and hunger I had suffered; and there hav- 
 'ing fallen a fresh snow of about twenty inches deep, also being yet 
 'three days journey from Onondago, in a frightful wilderness; my 
 'spirit failed, my body trembled and shook; I thought I should 
 'fall down and die; I step'd, aside, and sat me down under a tree, 
 'expecting there to die: My companions soon missed me; the 
 ' Indians came back, and found me sitting there: I told ihem in 
 'one word, 1 would go no further, I would die there. They remained 
 'silent a while, at last the old Indian said, My dear companion, thou 
 'hast hitherto encouraged us, wilt thou now quite give up? Remember 
 ' that evil days are better than good days ; for when we suffer much 
 'we do not sin; and sin vnll be drove out of us by suffering ; but 
 'good days cause men to sin, and God cannot extend his mercy to them; 
 'but co7ifrarywise, ivhen it goeth evil with us, God hath compassion 
 'upon us.' These words made me ashamed; I rose up, and travel- 
 *led on as well as I could, 
 
 'The 
 
Of new-jersey. 
 
 147 
 
 increasing it less; the intercourse naturally became A. D. 
 free and unfettered with ceremony : Hence every one 
 had his eye upon his neighbour; misunderstandings 
 and mistakes were easily rectified. No ideas of state 
 
 or 
 
 'The next year I went another journey to Onondago, in com- 
 'pany with Joseph Spanhenberg, and two others. It happened 
 'that an Indian came to us in the evening, who had neither shoes, 
 'stockings, shirt, gun, knii'e, nor hatchet; in a word, he had 
 'noticing but and old torn blanket, and some rags, upon enquiring 
 'whither he was going? he answered to Onondago. I knew him, 
 'and asked how he could undertake to go a journey of three hun- 
 dred miles, so naked and unprovided ; having no i)rovisions, 
 'nor any arms to kill creatures, for his sustenance? he answered, 
 'he had been amongst enemies, and had been obliged to save him- 
 ' self by flight, and so had lost all. This was true in part; for he 
 'had disposed of some of liis things amongst the Irish, for strong 
 'liquors. Upon further talk, he told me very chearfuliy; tliat 
 ^iGod fed every thing which had life, even the rattle-snake itself, tho' 
 ^ it was a had creature; and that God, would also provide in m.ch a 
 'manner, that he should come alive to Onondago ; he knew for certain 
 ''that he should go there; that it was visible God was with the 
 ' Indians in the wilderness, because they ahva.ys cast their care upon 
 'hint; but that contrary to this, the Europeans always carried bread 
 ^ with them. He was an Onondago, his name was Anoniagketa: 
 ^Thenext day we travelled in company; and the day following, 
 'I provided him with a knife, hatchet, flint, and tinder, also shoes 
 *and stockings, and sent him before me to give notice to the 
 ^council at Onondago, that I was coming; which he truly per- 
 ' formed ; being got thither three days before tis. 
 
 'Two years ago I was sent by the governor to Shamokin, on 
 'account of the unhap|)y death of John Armstrong, the Indian 
 'trader: After I had performed ray errand, there was a feast pre- 
 ' pared, to which the governor's messengers were invited : There 
 'were about one hundred persons present, to whom (after we had 
 'in great silence devoured a fat bear) the eldest of the chiefs made 
 'a speech, in which he said, that by a great misfortune, three of 
 'their brethren the white men, had, been killed by an Indian; that 
 'nevertheless the sun was not set, {meaning there was no war) it 
 ' had been only somewhat darkened by a small cloud, which was mow 
 ' done awa,y ; he that had done evil was like to be punished, and the 
 'land to remain in peace; therefore he exorted his people to 
 'thankfulness to God; and thereupon began to sing with an awful 
 ' solemnity, but without expressing any words ; the others accom- 
 'panied him with their voices: After they had done, the same 
 'Indian, with great earnestness, spoke these words. Thanks, thanks 
 'be to thee, thou great lord of the world, in- that thou hast again 
 ' caused the sun to shine, and hast dispersed the dark cloud ; the Indians 
 ' are thineJ 
 
148 
 
 The history 
 
 A. D. or e-randeur : no homasre of wealth, office, birth. 
 
 X68I 7 7 7 
 
 rank or learning ; no pride of house, habit, or furni- 
 ture ; very little emulations of any kind to interrupt ; 
 and so much together, they must be friends, as far at 
 least, as that terra could be properly applied to them ; 
 this was general in some of the tribes : Attachments 
 of particulars to each other were constant and steady ; 
 and in some instances far exceeding what might be 
 expected. Companies of them frequently got to- 
 gether to feast, dance, and make merry ; this sweetned 
 the toils of hunting; excepting these toils, and the 
 little action before described, they scarcely knew any : 
 A life of dissipation and ease, of uncertainty and 
 want, of appetite, satiety, indolence and sleep, seemed 
 to be the sum of the character, and chief that they 
 aim'd at. 
 
 Notwithstanding their government was , successive, 
 it was, for extraordinary reasons, sometimes ordered 
 otherwise; of- this there is an instance in the old king 
 Ockanickon, who dying about this time at Burlington, 
 declared himself to this effect : 
 
 ' It was my desire, that my brother's son lahkursoe, 
 ' should come to me, and hear my last words ; for him 
 
 * have I appointed king after me. 
 
 ' My brotlier^s son, this day I deliver my heart into 
 ' your bosom ; and mind me. I would have you love 
 ' what is good, and keep guod company ; refuse 
 ' what is evil and by all means avoid bad company. 
 
 ' Now having delivered my heart into your bosom, 
 
 * I also deliver my bosom to keep my heart in ; be sure 
 ' always to walk in a good path, and if any Indians 
 ' should speak evil of Indians or christians, do not join 
 ' in it, but look at the sun from the rising of it to the 
 ' setting of the same : In speeches that shall be made 
 ' between the Indians and the christians, if any wrong 
 ' or evil thing be spoken, do not join with that ; but 
 
 ^join 
 
Of NEW-JERSEY. 
 
 ^join with the good : When speeches are made, do not 
 ' you speak first ; be silent and let all speak before you, 
 ' and take good notice what each man speaks, and 
 ' when you have heard all, join to that which is 
 ' good. 
 
 ' Brother^ 8 son, I would have you cleanse your ears, 
 ^ and take all foulness out, that you may hear . both 
 ' good and evil, and then join with the good and 
 ' refuse the evil ; and also cleanse your eyes, that you 
 * may see good and evil, and where you see evil, do 
 ' not join with it, but join to that which is good. 
 
 'Brother's son, you have heard what has passed; 
 'stand up in time of speeches; stand in my steps, and 
 ' follow my speeches ; this do, and what you desire in 
 ' reason will be granted : Why should you not follow 
 ' my example ? I have had a mind to be good and do 
 ' good, therefore do you the same : Sheoppy and 8wam- 
 ' pis were to be kings in my stead, but understanding 
 ' by my doctor, that Sheoppy secretly advised him not 
 ' to cure me, and they both being with me at John 
 HoUinshead's house, I myself saw by them, that they 
 ' were given more to drink, than to take notice of my 
 'last words; for I had a mind to make a speech to 
 them, and to my brethren, the English commission- 
 ' ers ; therefore I refuse them to be kings after me, and 
 •' have now chosen my brother's son lahkursoe in their 
 ' stead to succeed me. 
 
 ' Brother's son, I advise you to be plain and fair with 
 "'all, both Indians and christians, as I have been; I 
 ' am very weak, otherwise I would have spoken more/ 
 
 After the Indian had delivered this counsel to his 
 nephew, T. Budd, one of the proprietors, being 
 present, took the opportunity to remark, that there 
 was a great God, who created all things ; that he gave 
 man an understanding of what was good and had ; and 
 after this life rewarded the good with blessings, and the 
 
 had 
 
150 
 
 The history 
 
 A. D. had aecordinq to their doings : He answered, it is very 
 1682 J ij 
 
 true, it is so ; there are two ways, a broad and. a straight 
 
 way ; there are two paths, a broad and a straight path ; 
 the worst and the greatest number go in the broad, the 
 best and fewest in the straight path. This king dying 
 soon afterwards, was attended to his grave in the Qua- 
 kers burial place in Burlington, with solemnity by the 
 Indians in their manner, and with great respect by 
 many of the English settlers to whom he had been a 
 sure friend. 
 
 CHAP. IX. 
 
 Another ship arrives at West- Jersey : Proeeedings of the 
 general assembly of West Jersey : Sir George Carteret's 
 death : Conveyance to the twelve eastern proprietors .• 
 Their proposals and regulations in several respects; 
 particularly in disposing of lands and building a town 
 at Ambo Point : The twelve proprietors each take a 
 partner, and thence are called the twenty four ;. to 
 whom the D. of York makes a third and last grant :. 
 . The twenty four establish the council of proprietors of 
 East Jersey, on the footing it now is : A general view 
 of the improvements in East- Jersey, in 1682 : A com- 
 pendium of some of the first laws passed at Elizabeth- 
 Town : Doubts started whether the government of 
 West Jersey was granted with the soil: Jenings 
 continued governor of West Jersey ; and laws now 
 passed there. 
 
 A large T N the year 1682, a large ship of 550 tuns burthen 
 pasaeiTgers arrived at West Jersey, which got a-ground in 
 
 to West- Delaware bay ; where, after laying eight days, by a 
 favourable wind and tide, got oflF ; and coming up the 
 river, landed her passengers,, being three hundred and 
 
 sixty- 
 
Of NEW-JERSEY. 
 
 sixty in number, between Philadelphia and Burlington A. D 
 on the Jersey shore: Their provisions being nigh gone, 
 they sent ten miles to an Indian town near Rankokus 
 creek, for Indian corn and pease: The king of this 
 tribe being then there, treated them kindly, and 
 directed such Indians as had provisions, to bring it in 
 next morning, who accordingly brought plenty; 
 which being delivered and put in bags, the messengers 
 took leave of the king ; who kindly ordered some of 
 the Indians to carry their bags for them to their canoes. 
 
 The assembly of West-Jersey having, at their last Meeting 
 sitting, adjourn'd to the first of second month this year, West^Jer- 
 met ; but not being a full house, they adjourned to the '^'^y Assem- 
 fourteenth, and then dissolved themselves without doing ^^^* 
 any business : Another being called, sat from the second 
 to the eleventh of the first month following ; the mem- 
 bers returned by the sheriff for the respective tenths, to 
 serve in this assembly, were, Thomas Olive, speaker, 
 Mahlon Stacy, Joshua Wright, John Lambert, Tho- 
 mas Lambert, William Eraley, Godfrey Hancock, 
 Daniel Leeds, Thomas Wright, Samuel Borden, Robert 
 Stacy, Thomas Budd, Daniel Wills, sen, Thomas 
 Gardiner, John Crips, John White, John Chaffin, Ber- 
 nard Davenish, Isaac Marriott, William Peachy, Wil- 
 liam Cooper, Mark Newby, Thomas Thackery, Robert 
 Zane, James Nevil, Richard Guy, Mark Reeves, 
 Richard Hancock, John Smith, John Pledger, Ed- 
 ward Wade, George Deacon, and Samuel Hedge: 
 Hitherto the members had been chosen by the electors 
 from all the tenths indiscriminately ; but this assembly 
 declared it their judgment, and the judgment of those 
 they represented, that the most regular method for 
 preserving the liberty and property of the people by a 
 free assembly, was, that such of the ten proprieties, 
 as were now peopled, should each chuse ten representa- 
 tives (and the others also as they became peopled) and 
 
 resolving, 
 
The history 
 
 resolving, that twenty-four, the speaker one, should 
 make the quorum, they chose the council, justices, 
 commissioners for laying out land, and other officers.^- 
 
 This done, the governor, council and assembly, 
 passed sundry laws ; some of which were in substance, 
 that each of the ten proprietors should have liberty to 
 sell as far as five hundred acres of land, within their 
 respective tenths, or take such other expedient as they 
 should judge fit, for defraying publick charges, for 
 the tenths respectively; to which purpose, Mahlon 
 Stacy and Thomas Lambert were appointed within 
 the first or Yorkshire tenth ; Thomas Budd and Tho- 
 mas Gardiner, for the second or London tenth; Wil- 
 liam Cooper and Mark Newby for the third or Irish 
 tenth, and Samuel Jenings and Thomas Budd, within 
 the remaining six tenths That the three pounds fine, 
 formerly imposed on such as sold rum or other strong 
 
 liquor 
 
 I. Those now chosen were, 
 
 Couneellors. Thomas Olive, Robert Stacy, Mahlon Stacy, William 
 Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel 
 Wills, Mark Newby, Elias Farre. 
 
 Justices for Burlington. William Biddle, Robert Stacy, Elias Farre, 
 Mahlon Stacy, John ChaiBn, Thomas Budd, Benjamin Scott, 
 John Cripps, Thomas Thackery. 
 For Salem.. James Nevill, George Deacon, Richard Hancock, 
 Edward Wade. 
 
 Commissioners. Elias Farre, William Biddle, Thomas Budd, Tho- 
 mas Gardiner, Mark Newby, James Nevill, Thomas Olive, 
 Robert Stacy, Benjamin Scott, William Cooper. 
 
 Sheriff for Burlington. John White. 
 For Salem. Thomas Woodrnfie. 
 
 Provincial clerk and recorder, for Burlington. Thomas Revel. 
 For Salem. Samuel Hedge. 
 Surveyor. Daniel Leeds. 
 
 Constables for Yorkshire tenth. Robert School ey, John Pancoast. 
 For London tenth. John Bourten, William Brightwen. 
 For the third tenth, Thomas Sharp. 
 
 m. As for J. Fenwick, who own'd the other tenth, they seem 
 here to have left him to his own concerns. 
 
Of new-jersey. 
 
 153 
 
 liquor to the Indians, should ffo one half to the A. D. 
 
 > . 1682 
 
 informer, the other to the publick stock, where 
 
 the offence was given ; and that every foreigner 
 offending herein, should forfeit five pounds, to be 
 disposed of in like manner : — That for the more con- 
 venient payment of small sums of money, Mark 
 Newby^s coppers, called Patrick's half-pence,"- should 
 pass as half-pence current pay ; provided he gave secu- 
 rity to the speaker, for the use of the general assembly 
 for the time being, that he, his executors and admi- 
 strators would change them on demand, and provided 
 none were obliged to take more than five shillings in 
 one payment: — That for preventing clandestine and 
 unlawful iTiarriages, justices should have power to 
 solemnize them, the parties having first published their 
 intentions fourteen days in some publick place ap- 
 pointed for that purpose ; any justice presuming to 
 marry without the consent or knowledge of parents or 
 trustees (if such consent could be reasonably obtained) 
 was to be fined at the discretion of the general assembly ; 
 of which marriage the register was to make publick 
 entry of the day it was solemnized ; the births of chil- 
 dren, and decease of all persons, were also to be entered 
 in the publick register of the respective tenths : and for 
 preventing differences between masters and servants, 
 where no covenants were made, all servants were to 
 have, at the expiration of their service, according to 
 the custom of the country, ten bushels of corn, neces- 
 sary apparel, two hoes and an ax : — That all servants 
 of full age, coming into the province without inden- 
 tures, or other agreements, should serve four years, 
 from the ships entry, (to take which entries custom 
 house officers were before appointed) and that all under 
 the age of one and twenty years, who came without 
 
 indentures 
 
 n. Tliese were Irish half-pence, a parcel of which Newby had 
 brought in with him. 
 
154 The HISTORY 
 
 A. D. 
 
 1682. indentures, should within three months after arrival, 
 be brought to the court, in the district where the party 
 resided ; which court was to appoint the time of servi- 
 tude : — That for preventing deceits, lands should pay- 
 debts, where personal estates were insufficient: — That 
 for encouragement of building a saw-mill, one thou- 
 sand acres should be sold to William Frampton, to 
 accomodate him with land for that purpose ; and more 
 as the governor and commissioners should judge con- 
 venient : — That for better settling and confirmation of 
 lands, six of the commissioners, with the governor, 
 should (where there was occasion) make an inspection 
 into such as were or should be taken up ; that on finding 
 these legally located, they might after publick notice in 
 the court, and no just reason to the contrary, confirm 
 the same at the next court : — That there should be four 
 courts of session held at Burlington and Salem yearly : 
 
 That the twenty pounds formerly granted the 
 
 governor, the five pounds to the speaker, and the five 
 pounds to the clerk, should be raised by tax; nine 
 pounds six shillings and eight pence by the Yorkshire, 
 London and Salem tenths each, and forty shillings by 
 the third tenth; the whole, being thirty pounds, was 
 to be delivered to Thomas Budd and Thomas Gardiner, 
 in skins, corn or money; and the remainder of the 
 two hundred pounds, formerly directed to be raised to 
 defray the charges of government, to be a debt due 
 from the other proprieties. 
 
 The Representatives of West- Jersey continued to be 
 annually chosen, 'till the surrender of the proprietary 
 government, in 1702.o- The council (who were 
 
 justices 
 
 0. In 1699, a law passed for reducing the number of represen- 
 tatives to ten lor each of the counties of Burlington and Gloucester, 
 five for Salem, and three for Cape May ; but this occasioning dissa- 
 tisfaction, was repealed, and the number enlarged as formerly, viz. 
 Burlington, 20. Salem, 10. Gloucester, 20. Cape May, 5. 
 
Op NEW-JERSEY. 
 
 155 
 
 justices ex officio) justices of peace^ and inferior A. T). 
 officers of government, were chosen by them; the 
 governor was appointed by the proprietors, who 
 governed them by a deputy, fill the succeeding year ; 
 when the assembly understanding, that Byllinge, for 
 some selfish reasons, inclined to turn Jenings out, 
 who had hitherto been deputy governor, to the general 
 satisfaction of the governed ; they undertook, by 
 their choice, to continue him governor of the pro- 
 vince, pretending a right to do this, because in the 
 constitutions, power was given to six parts in seven 
 of the assembly, to make such alterations for the 
 public good, (the laws of liberty of conscience, of 
 property, of yearly assemblies, of juries, and of evi- 
 dence, excepted) as they found necessary ; and that 
 no advantage might be taken of such judicial proceed- 
 ings, as had not been exactly agreeable to the con- 
 cessions, they confirmed and ratified them all. 
 
 About this time, the settlers in many parts were di- f^^f^^^^^ 
 stressed for food ; several got the chief of what they 
 eat by the gun ; which, as powder and shot were some- 
 times very scarce, was at best a precarious supply .p- 
 
 Sir 
 
 p. Instances of their wants are many, and the supplies sometimes 
 unexpected; the family of John Hollinshead,. who lived near Kan- 
 kokas, being unprovided with powder and shot, were in distress,, 
 when HoUinshead the younger, then a lad about 13, going through 
 a corn field, saw a turkey ; throwing a slick to kill it, a second came 
 in sight; he kill'd both, and carried them home: Soon after, at the 
 house of Thomas Eves, he saw a buck;, and telling Eves, he set 
 his dogs, who followed it to Rankokas river, then frozen;, the 
 buck running on the ice, slid upon his side; the dogs seized it; 
 Hoiliushead coming up with a knife, eagerly jumped upon it; 
 the buck rose with him on his back and sprung forward, his feet 
 spreading asunder, slip'd gently down on his belly, and gave Hol- 
 linshead a respite from danger, and opportunity of killing him : 
 By these means two families were supplied with food to their great 
 joy. These, and such like instances, in a new settled country, 
 show, with the distress, the relief that sometimes unexpectedly 
 attends it. 
 
156 
 
 The history 
 
 A. D. 
 
 1682. 
 
 Proposals 
 of the 12 
 proprie- 
 tors. 
 
 they take 
 12 part- 
 ners. 
 
 Sir George Carteret, sole proprietor of East-Jersey, 
 dying in 1679, by will, ordered that province to be 
 sold, to pay his debts ; which was done accordingly,?- 
 by his widow and executors, by indenture of lease and 
 release, bearing date the \st and 2d of February, 
 1681 — 2, to William Penn, Robert West, Thomas 
 Rudyard, Samuel Groome, Thomas Hart, Richard 
 Mew, Thomas Wilcox, of London, gold-smith, 
 Ambrose Rigg, John Haywood, Hugh Hartshorne, 
 Clement Plumsted, and Thomas Cooper, their heirs 
 and assigns ; who were thence called the twelve pro- 
 prietors : They being together so seized, in this year 
 published an account of their country, a fresh project 
 for a town, and method of disposing of their lands.*"- 
 
 Their plan was popular, and took much, especially 
 among the Scotch, of whom many had already arrived : 
 In this and some of the immediately succeeding years, 
 came many more: Among them was George Keith, 
 who some time after became surveyor general, and was 
 accounted very skilful in the business. 
 
 The twelve proprietors did not long hold the pro- 
 vince to themselves, but by particular deeds, took 
 'each a partner; their names were, James Earl of 
 Perth, John Drummond, Robert Barclay, Robert 
 Gordon, Aarent Sonmans, Gawen Lawrie, Edward 
 Byllinge, James Braine, William Gibson, Thomas 
 Barker, Robert Turner, and Thomas Warne; these 
 
 with 
 
 q. His will is dated December 5, 1678, he devises to Edward 
 •earl of Sandwich, John earl of Bath, Bernard Grenvilie, sir 
 Thomas Crew, sir Robert Atkins, and Edward Atkins, esq ; and 
 their heirs, among other lands, all his plantation of New-Jersey, 
 upon trust ar)d confidence that they, and the survivors and survivor of 
 them, and the heirs and executors of the survivor of them, should 
 make sale of all the said premises ; and out of the money that should 
 upon such sale arise, pay and discharge debts, &c. as therein men- 
 tioned. 
 
 r. Vid. Appendix. Numb. iii. 
 
Of NEW-JERSEY. 
 
 157 
 
 with the other twelve, are since called the twenty-four A. D. 
 proprietors: To them the duke of York made a fresh 
 grant of East-New-Jersey, bearing date the 14th of 
 3IarGh,16S2.s. 
 
 This was the duke's third and last grant of East- 
 Jersey &t>on after which, the twenty-four proprietors, 
 by an instrument under most of their hands, established 
 a Gounoil of pi^oprietors ; and gave them power to ap- East-Jer- 
 point, oversee, and displace all officers necessary for cH^oTpro- 
 the management of their property ; to take care of all prietors. 
 lands belonging to the general proprietors; to demise 
 them for terms of years, and to appoint dividends 
 thereof; to examine the rights of the particular pro- 
 prietors who demanded their shares of those dividends, 
 and to grant warrants to the surveyor general (whom 
 they chuse themselves) for the appropriating the quan- 
 tity of acres due to such share ; to sue trespassers upon 
 the general proprietors land ; and in general, to manage 
 the aifairs, which relate to the said general proprietors : 
 This council always to consist of at least one third of 
 the general proprietors, or their proxies ; and to have 
 two general meetings yearly, at Perth-Amboy ; which 
 were held immediately after the supreme courts there. Time of 
 but lately altered to the first Tuesday in April, and ^^^tiog- 
 second in September. In this manner have the lands in 
 East- Jersey been disposed : Since the purchase of the 
 twenty-four, the constitution as well as the management 
 continues the same. 
 
 The province of East New-Jersey being now well 
 settled for the time ; its situation reduced to a general 
 view, from the accounts then published by secretary 
 Nicolls of New- York, appears to be thus : 
 
 Shrewsbury^ 
 
 s. The grants being already in the liand's of the publick, were 
 not thought necessary to be reprinted here: See grants, conces- 
 sions, &c. published by A. Learning, and J. Spieer. 
 
 t. More full and express than any that went before. 
 
158 
 
 The history 
 
 A. D. 
 
 1682. 
 
 Shrews- 
 bury. 
 
 Middle- 
 town. 
 
 Wood- 
 
 'bridge. 
 
 Shrewsbury, near Sandy-Hook, adjoining the river 
 or creek of that name, was already a township, con- 
 sisting of several thousand acres, with large plantations 
 contiguous; the inhabitants were computed to be 
 about 400. Lewis Morris, of Barbadoes, had iron 
 works and other considerable improvements here. 
 
 Middletown was supposed to consist of 100 families ; 
 several thousand acres allotted for the town, and many 
 thousands' for the several out plantations: John 
 Bowne, Richard Hartshorne, and Nicholas Davis, 
 had each well improved settlements here ; a court of 
 sessions was held twice or thrice a year, for Middletown 
 and Piscataway, and their jurisdictions : Several plan- 
 tations were settled on the north side of Rariton river, 
 below Piscataway; several also higher up Rariton, 
 and about the Falls ; among which John Palmer, of 
 Staten-Island, Thomas Codrington, John Robinson, 
 White and 'company, and Edsal and company, of 
 New-York, and capt. Corsen, had settlements: Some 
 land was likewise located by Millstone river, up Rari- 
 ton, supposed to be near the division line. 
 
 Woodbridge had several improved plantations in 
 it, and the country round; Delaplairs, the surveyor 
 general, was one of the settlers here : This town 
 claimed more privileges than others ; was incorporated 
 by charter, and had erected a court house and prison 
 (such as they were.) There were here about one hun- 
 dred and twenty families ;«• a large quantity of land in 
 the town, and for the plantations round, many thousand 
 acres; of which jjlantations there were several on the 
 north side of the river that divides Elizabeth-Town 
 and Woodbridge. At 
 
 u. From several erroneous compulations, first published in 
 Nicolls's account, but here omitted, there may be some reason 
 to doubt others: what is here left, appeared probable; but if 
 there should be thougiit any mistakes in names, number or situation ;. 
 it must, be remembered, that it is -given only as Nicolls's account of 
 ithis vear. 
 
Of new-jersey. 
 
 ' At the entrance of the creek, on the north side, 
 called Carteret's Point, north of Staten-Island, were 
 otlier plantations, from Elizabeth-Town to the bounds 
 of New- York : Within Elizabeth-Town claim, was 
 a settlement in partnership between the proprietor 
 Carteret, and governor P. Carteret; the latter had 
 built a house and resided here ; the town was supposed 
 to consist of one hundred and fifty families. 
 
 On the north of Milford or Newark river,^;- is a large 
 tract belonging to Kingslaud and Sanfoord : Higher 
 up the river, another to capt. Berrie ; who dividing it, 
 several plantations were soon settled on it : Still further 
 up the river, an island belonging to Christopher Hoog- 
 land, of Newark ; above that again, was a large tract 
 owned by Jacques Cartelayne, and partners; who, 
 now made some settlement: These tracts were within 
 the jurisdiction of Newark. Newark was then said 
 to be a compact town, consisting of about one hundred 
 families. 
 
 Near the mouth of the bay, upon the side of Over- 
 prook creek, adjacent to Hackinsack river, several of 
 the rich valleys were then settled by the Dutch ; and 
 near Snakehill was a fine plantation, owned by Pin- 
 horn and Eickbe ; for half of which, Pinhorne is said 
 to have paid 500?. There were other settlements on 
 Hackinsack river; and on a creek near it, Sarah 
 Kiersted of New- York, had a tract given her by an 
 old Indian sachem, for services in interpreting 
 between the Indians and Dutch, on which several 
 families were settled : John Berrie had a large planta- 
 tion, two or three miles above, where he then lived, 
 and had considerable improvements ; as had also near 
 him, his son in law Smith, and one Baker from Barba- 
 dos : On the west side of the creek, opposite to Berrie, 
 
 were 
 
 X. Second River. 
 
160 
 
 The history 
 
 A. D. were other plantations ; but none more northerly. 
 1682 . 
 
 There was a considerable settlement on Bergen point, 
 
 then called Constable Hook, and first improved by 
 Edsall, in Nicolls's time. Other small plantations 
 were improved along Bergen neck, to the east, be- 
 tween the point and a little village of twenty families : 
 Further along lived sixteen or eighteen families ; and 
 opposite New- York, 'about forty families were seated; 
 southward from this, a few families settled together 
 at a place called the Duke's Farm; and further up 
 the country, was a place called Hobuck, formerly 
 own'd by a Dutch merchant, who, in the Indian 
 wars with the Dutch, had his wife, children and ser- 
 vants murdered by the Indians, and his house and 
 stock destroyed by them but it was now settled 
 again, and a mill erected there : Along the river side, 
 to the north, were lands settled by William Lawrence, 
 Samuel Edsal and capt. Beinfield ; and at Haversliam, 
 near the High Lands, governor Carteret had taken up 
 two large tracts ; one for himself, the other for An- 
 drew Campyne and company ; which were now but 
 little improved : The plantations on both sides of the 
 Neck, to its utmost extent, as also those at Hackinsack, 
 were under the jurisdiction of Bergen town, situate 
 about the middle of the Neck ; where was a court held 
 . by select men or overseers, consisting of four or more 
 in number, as the people thought best, chose annually 
 to try small causes, as had been the practice in all the 
 rest of the towns at first : Two courts of sessions were 
 held here yearly, from which, if the cause exceeded 
 twenty pounds, the party might appeal to the governor, 
 council and court of deputies or assembly. 
 
 Bergen 
 
 y. That there were such wars or skirmishes between the Dutch and 
 Indians, we see is confirmed by concurring accounts: See before a 
 note, p. 24, &c. and p. 64, 65. 
 
Of NEW-JERSEY. 161 
 
 Bergen a compact town, had been fortified against \q^' 
 the Indians, contained about seventy families ; its inha- ggj-g^^ 
 bitants chiefly Dutch, some of whom had been settled 
 there upwards of forty years. Upon the whole there 
 were at this time supposed to be about seven hundred 
 families settled in the towns of East- Jersey ; which, 
 reckoning five to a family, were three thousand and five 
 hundred inhabitants ; besides the out plantations, which 
 were thought to contain half as many more, though 
 these could not be so well guessed at. 
 
 P. Carteret continued governor of East-Jersey after 
 the quinty partite division, till about the year 1681.2- 
 His council in 1668, consisted of six, viz. 
 
 Nicholas Verlet, Robert Bond, Robert Yanquellin, 
 
 Daniel Pierce, Samuel Edsall, William Pardon. 
 
 The assembly then consisted of twelve; the first 
 members were, 
 
 Casper Steenmets, Baltazar Bayard, for Bergen. 
 John Ogden, sen. John Brackett, for Elizabeth-Town. 
 Robert Treat, Samuel Swarne, for Newark. 
 John Bishop, Robert Dennis, for Woodbridge. 
 James Grover, John Bound, for Middletown. 
 The same for Shrewsbury. 
 
 The sessions were mostly held at Elizabeth-To'wn, 
 but sometimes at Woodbridge, and once or more at 
 Middletown and Piscataway ; Some of the first laws 
 as published by the legislature at Elizbeth-Town, 
 were in substance: That persons resisting authority, 
 
 should be punished at the discretion of the court: 
 
 That 
 
 z. His salary was generally 50 I. a year, paid in country pro- 
 duce, at prices fixed by law, and sometimes .four shillings a day 
 besides, to defray his charges while a session was held ; the wtiges of 
 the council and assembly during their sitting in legislation, was, to 
 each member three shillings a day : The rates for publick charges 
 were levied at two shillings per head for every male above fourteen 
 years old. 
 
 li 
 
162 
 
 The history 
 
 A. p. That men from 16 to 60 years of age, should provide 
 themselves with arms, on penalty of one shilling for 
 the first week's neglect, and two for every week after : 
 
 That for burglary or high-way robbery, the first 
 
 offence, burning in the hand, the second, in the fore- 
 head, in both, to make restitution ; and for the third 
 
 •offence, death : For stealing, the first offence, treble 
 
 restitution, and the like for the second and third offence, 
 with such increase of punishment, as the court saw 
 •cause, even to death, if the party appeared incorrigi- 
 ble; but if not, and unable to make restitution, they 
 were to be sold for satisfaction, or to receive corporal 
 
 punishment:- That conspiracies or attacks upon 
 
 towns or forts, should be death': That undutiful 
 
 children, smiting or cursing their father or mother, 
 except provok'd thereunto for self-preservation, upon 
 complaint of, and proof from their parents or either 
 
 of them, should be punished with death : That in 
 
 case of adultery, the party to be divorc'd, corporally 
 punished or banished, or either, or all of them, as 
 the court should judge proper: That for night- 
 walking and revelling after the hour of nine, the 
 parties to be secured by the constable or other officer 
 till morning, and then not giving a satisfactory account 
 to the magistrate, to be bound over to the next court, 
 and there receive such punishment as should be inflic- 
 ted: That the meeting of the assembly should be 
 
 always on the first Tuesday in November, yearly, and 
 oftner, if the governor and- council thought necessary ; 
 and that they should 'fix the governor's salary; the 
 deputies of each town to be chosen on the first of 
 January, according to the concessions; any deputy 
 absenting himself at such times, was to be fined forty 
 
 shillings for every day's absence : That thirty pounds 
 
 should be levied for provincial charges, i. e. 5 I. to be 
 paid by each town, in winter wheat at five shillings a 
 
 bushel 
 
Of NEW-JERSEY. 
 
 163 
 
 bushel, summer wheat at four and six pence, pease at -A-^^^- 
 three shillings and six pence, Indian corn at three 
 shillings, rie at four shillings, barley at four shillings, 
 beef at two pence half-penny per pound, and pork at 
 
 three pence half-penny : That no son, daughter, maid 
 
 or servant, should marry without the consent of his or 
 their parents, masters or overseers, without being three 
 times published in some publick meeting or kirk, near 
 the party's abode, or notice being set up in writing at 
 some publick house near where they lived, for fourteen 
 days before ; then to be solemnized by some approved 
 minister, justice or chief officer; who, on penalty of 
 twenty pounds, and to be put out of office, were to 
 
 marry none who had not followed those directions : 
 
 That fornication should be punished at the discretion of 
 the court, by marriage, fine or corporal punishment; 
 and that no life should be taken but by virtue of some 
 law, and the proof of two or three witnesses. 
 
 ' There being doubts started, whether the government 
 
 of West New-Jersey, had been granted with the Doubts as 
 
 ' to the ^o- 
 
 soW, and reports industriously spread up and down vernraent 
 the province, as well as in England, to the pre- 5^^,^^''" 
 judice of the possessors title, as they thought ;" the 
 assembly in the spring, this year, thought it their 
 business to obviate this, and other points, by unani- 
 mously resolving, as to the first, 'That the land 
 ■*and government of West New- Jersey, were pur- 
 ' chased together:' And that as to the question, 
 ' Whether the concessions agreed upon by the pro- 
 ' prietors and people, and subscribed in London and 
 ' West- Jersey, were agreed upon to be the funda- 
 ^ mentals and ground of the government of West- 
 ' New-Jersey, or not ? Resolved in the affirmative, 
 'nemine contradicente : only John Fenwiek excepted 
 ^ his tenth ; which he said at that time was not under 
 
164 
 
 The history 
 
 A. D. ' the same circumstances ; but now freely eonsenteth 
 'thereto.^. 
 
 Jenings was at this assembly chosen governor, as 
 hinted before,^- having hitherto acted as Byllings's 
 deputy : The commissioners and other officers of 
 Jenings. government, being also chosen, they severally took 
 their qualifications and having agreed, that the 
 
 governor 
 
 a. Proprietary records, secretary's office, Burlington. 
 
 h. He had for salary this year a right to take up six hundred 
 acres of land above the Falls. 
 
 c. Respectively as follows. 
 I Samuel Jenings, being elected governor of the province of 
 West- Jersey, by the general free assembly thereof, sitting at Bur- 
 lington, the eleventh day of the third month, in the year 1683> 
 do freely and faithfully promise (according to the best of my ability) 
 to act in that capacity according to the laws, concessions, and con- 
 stitutions, as they are now established in the said province. 
 
 Samuel Jenings, Governor. 
 
 The engagement and promise of the council elected by the assembly. 
 
 We underwritten being elected and chosen by the general free 
 assembly, members of council, to advise and assist the governor in 
 managing the affairs of the government, do solemnly promise every 
 one for himself, that we will give our diligent attendance from 
 time to time, and him advise and assist to the best of our skill and 
 knowledge, according to the laws, concessions, and constitutions of 
 this province; and do further promise not to reveal or disclose any 
 secret of. council, or any business therein transacted, to the prejudice 
 of the public. Witness our hands the lUh day of the thvrd month, 
 Anno 1683. 
 
 Thomas Budd, Thomas Gardiner, 
 
 John Skeen, Henry Stacy, 
 
 John Gosling, James Nevill, 
 
 Thomas Olive, Elias Farre. 
 
 William Biddle, 
 
 The engagement and promise of the commissioners, justices, and other 
 officers, elected as aforesaid. 
 
 We whose names are hereunderwritten, being by the general 
 free assenibiv, chosen to ofhciate in our several trusts, commissions 
 and offices for the vear ensuing; do hereby solemnly promise, that 
 we will truly and faithfully discharge our respective trusts, according 
 to the laws," concessions and constitutions of the said province, in 
 our respective offices and duties, and do equal justice and right to 
 all men, according to our best skill and judgment,, without corrup- 
 tion, 
 
Or NEW-JERSEY 
 
 165 
 
 governor should be chairman, or speaker; that he A. D. 
 should sit as a member with them, and they together 
 with the council ; and that the chairman should have 
 a double vote ; passed sundry laws, among which was 
 the following. 
 
 ' And whereas it hath pleased God, to commit this A "West- 
 ' country and province into the hands of such who J^^'^®^ 
 (for the generality of them) are fearing God, and 
 painful and industrious in the promoting and im- 
 proving the said province ; and for the better prevent- 
 ing of such as are profane, loose and idle, and 
 scandalous, from settling amongst us, who are, and 
 will be, not only unserviceable, but greatly burthen- 
 some to the province : It is therefore hereby enacted 
 by the authority aforesaid, that all person and persons, 
 who shall transport him or themselves into this pro- 
 vince, shall, within eighteen months after he or they 
 shall arrive in the said province, procure and produce 
 a certificate, under the hands of such of that religious 
 society to whom he or they did belong, or other- 
 wise from two magistrates (if procurable) or two 
 constables or overseers of the poor, with three or 
 more creditable persons of the neighbourhood, who 
 inhabit or belong to the place where he or they did 
 last reside, as may give satisfaction (that is to say) 
 that he or they came not clandestinely or fraudently 
 away ; and if unmarried, that he or she are clear 
 from former engagements in that particular ; and 
 also, that he or she are such as live soberly and honestly, 
 to the best of their knowledge; and that no justice 
 
 shall 
 
 tion, favour or affection. Witness our hands this 15th of the 
 third month, 1683. 
 
 Justir.es. Thomas Olive, Eiehard Guy, Andrew Wade, Andrew 
 Thompson. 
 
 ijommissioners. William Biddle, Jolin Gosling, John Skeen, Mah- 
 lon, Stacy, Tliomas Olive, James Nevill, Francis Collins, 
 Thomas Budd, Thomas Gardiner, Mark Newby. 
 
 Recorder. Thomas Eevell. 
 
 Sheriff. Benjamin Wheat. 
 
 Surveyor. Daniel Leeds. 
 
166 
 
 The history 
 
 A. D. shall presume to marry any such person or persons^ 
 1683. i ^j^Q shall come into this provhice, before such certifi- 
 ' cate be produced ; or that it be laid before the gover- 
 ' nor or two justices, and give them sufficient satis- 
 ' faction concerning their clearness ; and that all such 
 ' person and persons who shall settle in the said province, 
 
 * and shall refuse or neglect to produce such certilicate 
 
 * as aforesaid, within the said eighteen months, sliall 
 ' be jfined at the discretion of the governor and council 
 ' of the said province, not exceeding twenty pounds ; 
 
 * the same to be levyed by distress and sale on the 
 
 * oiFender's goods, and to be paid into the hands of 
 
 * the treasurer of the said province/ 
 
 CHAP. X. 
 
 1683. 
 
 Kobert 
 Barclay 
 governor. 
 
 Robert Barclay appointed governor of East- Jersey ; and 
 T. Rudyard deputy: Letters from Rudyard, 8. Groome, 
 Lawrie and others, conoerned in that settlement. 
 
 WE have seen that the Scotch had a considerable 
 share in the settlement of East- Jersey, many of 
 them and a number that arrived afterwards, fixed about 
 Amboy, and up Rariton : The twelve proprietors ap- 
 pointed Robert Barclay, (author of the apology)^ 
 governor for life ;<^- and Thomas Rudyard, (a lawyer 
 
 or 
 
 d. His commission. 
 
 'The proprietors of the province of East- New- Jersey. To our 
 ' trusty and well beloved fellow proprietor, Robert Barclay,. 
 ' sendeth greeting : 
 
 'Whereas the powers of government of the province of East- 
 * New- Jersey, is devolv'd upon us, and assigned to us, by James 
 'duke of York, with power to constitute and appoint such governor 
 'and commissioners, for the well governing of the said province,. 
 *as we shall see meet; and we having heretofore, out of the confi- 
 *dence we had of Robert Barclay, his skill, prudence and integrity, 
 'constituted and appointed him governor of the said province, to 
 'appoint a deputy during his absence therefrom, to be approved' 
 
 ' by 
 
Of ]^EV/- 
 
 JERSEY. 
 
 167 
 
 or attorney in London, noted for his assistance at the trial 
 
 of Penn and Meade.) deputy governor; Avhich last 
 
 arrived at his government, the I'^tter end of last, or 
 
 beginning of this year : His account of the country 
 
 soon after his arrival, may not be unacceptable. 
 
 ^ ' East-Jersey, tlie SOtli of the 3d month 
 
 ' Dear i3. (j. 'called May, 1683. 
 
 ' To be as particular in my turn, were but thy 
 ' due ; yet I cannot promise so much ; however I may 
 ' give thee some general account of the province, and 
 ' of our satisfaction with our })resent lot, the short 
 ' time I have experenced this :. But to give thee also, 
 ' as thou desires, a character of Pennsylvania, and 
 ' West-Jersey, that will be a task I must be excused to 
 
 ' undertake 
 
 ' by sixteen of the proprietors : Upon the same reason and confi- 
 'dence, we do hereby confirm to him the government of the said 
 'province, during all the days of his life ; as to have the ])ower of 
 'the government of all the said province, and of all isles, rivers, 
 'islands and seas within the same, or belonging thereto; to do all 
 'and every thing or things, which fo the charge and office of a 
 'governor doth appertain; commanding all inferior officers to 
 ' obey him as their governor, according to this our commission, and 
 'the powers hereby given him, and according to the laws and 
 ' constitutions made or confirmed by us, or to be made ; which he 
 'himself is to observe and follow; as unto his duty and office doth 
 'appertain. And whereas we have agreed, and are satisfied, for 
 ' certain good reasons and considerations moving us thereunto, to 
 'commit this trust unto him, and to give him this character, 
 'without laying any necessity upon him to repair to the said pro- 
 ' vince; so likewise we have, and do hereby give him power, from 
 'time to time as need shall be, during his absence, to name and 
 ' constitutes and grant commission, to a deputy governor to serve in 
 'the said province; he being always approved by sixteen of us the 
 'proprietors, and following the orders he receives from us, accord- 
 'ing to the laws and constitutions of the said province. 
 
 ' Given under the seal of the said province, and signed by our 
 'hands; dated at London, the 17th of the fifth month called 
 'July, in the year of our lord, according to the English account, 
 '1683. 
 
 E. Barclay died the third of October, 1690, and had continued 
 governor till 1685, when lord Neil Campbell, uncle to the D. of 
 Argyle, was appointed governor, and came over hither. — In 
 1698, sir Thomas Lane was governor of East-Jersey. 
 
 e. Vid. the trial, and Sewel's hist. p. 504. 
 
 A. D. 
 
 1683. 
 
168 
 
 The history 
 
 A. B. ' undertake, lest I give oiFence, or at least bring me 
 1683. ( under censure as partial : Were I not concerned in 
 ' any of the provinces, I might satisfy thy curiosity ; 
 ' but being chiefly interested in this, I'll be very cau- 
 ' tious meddling with my neighbours, more than here, 
 ' one with another ; so I may use my freedom with my 
 ' neighbours, which they take not ill, but not write 
 ' what may be taken otherways. They lie so near 
 ' adjacent, that they may be said in a sense, to be but 
 ' one country ; and what's said for one, in general may 
 ' serve for all. I have been at Burlington, and at 
 
 * Pennsylvania, as far as Philadelphia; which lies 
 
 * about twenty miles below Burlington: That journey 
 ' by land, gave me some view of all the provinces ; 
 ' and made me considerably to estimate this of East- 
 ' Jersey, having some coiiveniencies esteemed by 
 ' me, which the others are not so plentifully furnished 
 ' withal, viz. fresh and salt meadows, which now are 
 
 * very valuable ; and no man here will take up a tract 
 
 * of land without them, being the support of their 
 'stock in winter; which other parts must supply by 
 ' store, and taking more care for English grass : But 
 ' know, where salt marshes are not, there is no mus- 
 ' ketoes, and that manner of land the more health ; 
 
 * and this was often answered me, when I have been 
 ' making comparisons. I must tell thee, their character 
 ' in print, by all that reads it here, is said to be modest, 
 ' and much more might have been said in it's com- 
 ' mendation : We have one thing more particular to 
 ' us, which the others want also, which is vast oyster 
 ' banks, which is constant fresh victuals, during the 
 
 * winter, to English, as well as Indians ; of these 
 ' there are many all along our coasts, from the sea, 
 ' as high as against New- York, whence they come to 
 'fetch them; so we are supplied with salt fish at our 
 ' doors, or within half a tide's passage ; and fresh fish 
 ' in abundance, in every little brook, as pearch, trout, 
 ' eels, &c. which we catch at our doors. Provisions 
 ' here are very plentiful, and people generally well 
 
 * stocked with cattle : New- York and Burlington have 
 
 ' hitherto 
 
Of NEW-JERSEY. 
 
 ' hitherto been their market ; few or no trading men 
 ' being here in this province : I believe it hath been 
 ' very unhappy heretofore, under an ill managed 
 ' government ; and most of the people are such who 
 ' have been invited from the adjacent colonies, by the 
 ' goodness of it's soil, and convenient situation : At 
 ' Amboy we are now building some small houses, of 
 ' 30 feet long, and 18 feet broad; fitting to entertain 
 ' workmen, and such who will go and build larger : 
 ^ The stones lie exceeding well and good, up the Rari- 
 ' ton river a tide's passage; and oyster shells upon the 
 ' point, to make lime withal ; which will wonderfully 
 ' accomodate us in building good houses cheap, warm 
 ' for winter, and cool for summer ; and durable cover- 
 ' ing for houses are shingles, oak, chesnut, and cedar ; 
 ' we Ijave plentiful here of all ; the last endures a man's 
 ' life, if he lives to be old : There is five or six saw- 
 ' mills going up here this spring ; two at work already, 
 ' which abates the price of boards half in half; and 
 
 * all other timber for building ; for altho' timber costs 
 ' nothing, yet workmanship by hand, was London 
 ' price, or near upon it, and sometimes more ; which 
 ' these mills abate ; we buy oak and chesnut boards no 
 ' cheaper than last year : My habitation with Samuel 
 
 * Groome, is at Elizabeth-Town, and here we came 
 ' first ; it lies on a fresh small river ; with a tide ships 
 ' of 30 or 40 tuns, come before our doors. Through- 
 ' out this town is good English grass, and bears a very 
 
 * good burthen : We cannot call our habitations soli- 
 ' tary ; for what with the publick employ, I have little 
 
 * less company at my house daily, than I had in George 
 ' Yard ; altho' not so many passes by my doors : The 
 ' people are generally a sober professing people, wise 
 ' in their generation, courteous in their behaviour, and 
 ' respectful to us in office among them : As for the 
 ' temperature of the air, it is wonderfully situated to 
 'the humours of mankind ; the wind and weather 
 ' rarely holding in one point, or one kind, for ten days 
 
 * together ; it is a rare thing for a vessel to be wind 
 ' bound for a week together, the wind seldom holding 
 
 'in 
 
170 
 
 The history 
 
 A. D. ' in a point more than 48 hours ; and in a short time 
 1683. < have wet and dry, waVm and cold weather ; which 
 
 * changes, we often desire in England, and look for 
 ' before they come ; yet this variation creates not cold,. 
 
 * nor have we the tenth part of the colds we have in 
 
 * England : I never had any since I came ; and in the 
 
 * midst of winter and froste, could endure it with less 
 ' cloaths than in England ; for generally I go with 
 
 * the same cloaths I used to wear in summer with you ; 
 ' but warm cloaths hurt not. I bless the Lord, I never 
 
 * had better health, nor my family ; my daughters are 
 
 * very well improved in that respect, and tell me they 
 ' would not change their place for George Yard, nor 
 ' would I. People here are generally settled where the 
 ' tide reaches ; and altlio' this is good land, and well 
 ' timbered, and plentifully supplied with salt marsh ; 
 
 * yet there is much better land up higher on the river, 
 
 * where they may go up with small boats, where many 
 
 * now are settling. There's extraordinary land, fresh 
 ' meadows overflowed in the winter time, that produces 
 'multitudes of winter corn; and it's believed will 
 ' endure 20, 30, or 50 years ploughing, without inter- 
 ' mission, and not decay : Such land there is at Esopus, 
 ' on Hudson's river, which hath bore winter corn about 
 
 * 20 years, without help, and is as good as at first, and 
 
 * better. William Penn took a view of the land, this 
 ' last month, when here ; and said he had never seen 
 ' such before in his life : All the English merchants, 
 
 * and many of the Dutch, have taken, and are desirous 
 
 * to take up plantations with us : Our country here, 
 
 * called Bergen, is almost Dutchmen ; at a town called 
 ' Newark, seven or eight miles hence, is made great 
 
 * quantities of cyder ; exceeding any we can have from 
 ' New-England, Rhode-Island, or Long-Island I 
 
 * hope to make 20 or 30 barrels out of our orchard 
 ' next year, as they have done who had it before me ; 
 ' for that, it must be as providence orders. Upon our 
 ' view and survey of Amboy point, we find it extraor- 
 ' dinary well situate for a great town or city, beyond 
 
 * expectation ; at low water, round about the point, 
 
 * are 
 
Of new-jersey. 
 
 171 
 
 'are oysters of two kindsy small as English, and -A;. T). 
 
 'others two or three mouthfulls, exceeding good for 
 
 ' roasting and stewing ; the people say, our oysters are 
 
 ' good, and in season all summer ; the first of the third 
 
 ' month I eat of them at Amboy very good : 
 
 'The point is good lively land/ ten, some places 
 
 'twenty foot above the water mark. About it are 
 
 ' several coves, where vessels may lay up conveniently 
 
 ' besides great sliips of any burthen, may all ride 
 
 ' before the town, land locked against all winds ; there 
 
 ' Rariton river runs up, or rather down 50, far larger 
 
 'some say 100 miles, for small boats. I saw several 
 
 ' vines upon the jjoint, which produces, as they say,. 
 
 ' good grapes in their season ; this country is very full 
 
 ' of them ; but being not present profit, few regard 
 
 ' them more, than to pick them as they lay in their 
 
 ' way, when they are ripe. We have store of clams, 
 
 'esteemed much better than oysters; on festivals the' 
 
 ' Indians feast with them ; there are shallops, but in 
 
 ' no great plenty : Fish we have great store, as our 
 
 ' relation sets forth ; but they are very good when 
 
 ' catch'd (as the proverb is.) I have several barrels by 
 
 ' me now, which are good for our table, and for sale.. 
 
 ' I brought a sea net over with me, which may turn 
 
 'to good account; sea nets are good merchandize 
 
 ' here ; mine cost me about four or five pounds, and 
 
 ' can have twenty pounds for it, if I would sell it now^ 
 
 ' I may write of many such matters in our province,. 
 
 ' which may invite persons here ; but so am resolved 
 
 ' to conclude, knowing that in probability, there is not 
 
 ' an industrious man, but by God's blessing, may not 
 
 ' only have a comfortable, but plentiful supply of all 
 
 'things necessary for this life; with the salutation of 
 
 ' my true affection to all, &c. I rest 
 
 ' thv affectionate friend, 
 
 Thomas Rudyard. 
 
 Samuel Groome, one of the proprietors, and surveyor 
 general of East-Jersey, also wrote to his fellow pro- 
 prietors, as follows. 
 
 East- 
 
172 
 
 The history 
 
 A. D. 
 
 1683. 
 
 East-Jersey, the 11th of August, 
 
 1688. 
 
 ' Friends and fellow proprietors. 
 
 ' Since my last I have now sounded the channel from 
 Amboy to Sandy-Hook, and find it to be a broad and 
 bold channel, iir no place less than three fathom 
 at high-water, in ordinary tides four, or five, or six 
 fathom except in one short place : ' Rariton river is a 
 good river, and hath a good tide of flood overpower- 
 ing the freshes about thirty miles above Amboy ; after 
 it's flood, the tide hatli no force against the freshes, 
 which come out of several branches of Rariton, and 
 joins in one, forty or fifty miles above Amboy. I 
 have spent a considerable lime in making discovery: 
 I have not as yet, liad time to lay out much land for 
 you, only about seventeen or eighteen thousand acres 
 in one tract, good upland, near Elizabeth-Town. 
 I have now seen the trax t of land against or nigh 
 Amboy point, formerly laid out by Vanquillin ; it 
 is on the west side of a creek called Chingerorus, about 
 eight thousand acres, and I intend shortly to lay as 
 much, or twice as much more to it ; but first we must 
 talk with the natives about that, and other tracts of 
 land, that they are not yet paid for : The last day of 
 this month is appointed to treat with several Indians, 
 to buy several exceeding good tracts, nigh the head 
 of Rariton. 
 
 ' The tenth of next month is also appointed to treat 
 with other Indians, to buy other tracts of choice 
 meadowing and upland, that lieth about twelve or 
 ' thirteen miles up into the country, which I have seen ; 
 'and when we have accomplished these two things, we 
 ' shall be able to lay out for you much land ; and when 
 ' I have been up in the country towards, and at Barna- 
 ' gat, and agreed with the Indians thereabout, for such 
 ' land as we may see occasion to purchase presently, in 
 ' order to a settlement there ; for here are many both 
 ' of New-England, New- York, and some parts of this 
 ' province, stands ready to sit down in that part of the 
 ' country, not only for the sake of the good upland 
 ' and meadows, which report saith is much thereabout, 
 
 'but 
 
Of NEW-JERSEY. 
 
 173 
 
 * but also for the sake of the whale trade, and other 
 ' fishing trade, which is like to be there shortly : New- 
 ' England-men and others, were a tampering Avith the 
 ' Indians, to have purchased there, before and since we 
 ' came ; but now they are out of hopes of coming in 
 ' at that door ; so now they make their addresses to us, 
 'and would have us to purchase and let them come*in 
 ' our tenants ; or otherways as we may agree : I intend 
 ' to attempt these things this fill : I have not been 
 ' much on the south side of Rariton, only upon some 
 ' upland at several places, and upon the tract of eight 
 ' thousand three hundred and twenty acres of yours 
 ' aforementioned, and also on the meadowing that lies 
 ' on the south side of Rariton above Am boy, a year or 
 'two since purchased of the Indians,, in the name of 
 ' Dame Carteret, though it was never intended for her ; 
 ' nor for any proprietor ; but as it fell out, they quar- 
 ' relied about disposing and sharing thereof ; so it is now 
 ' without controversy yours. Now know, that Rariton 
 ' river is accommodated on both sides with salt and fresh 
 ' meadows ; salt as far as the salt sea water flows, or 
 ' predominates; and fresh above, as the river Thames : 
 ' We have above three thousand acres of meadowing 
 ' butting on the river ; I hope it will never hurt Amboy 
 ' town : Besides, report saith, that the uj)land next 
 ' adjoining to this meadowing, beginning over against 
 ' Amboy, and so up ten or twelve miles, to a river 
 ' that strikes out of Rariton south, and is- called South 
 ' River, is but mean land. 
 
 ' It may be well, if you would agree to take each 
 ' one a twenty fourth part of lands as we lay them out, 
 ' whether it be more or less, or else take five hundred 
 ' acre lots, and let these lots be cast when twenty four 
 ' times five hundred acres is laid out ; and where wc 
 ' can make greater lots, we may We have now got up. 
 ' three houses at Amboy, and three more ready to be 
 ' set up, but workmen are scarce, and many of them 
 ' base ; the best will work but when they can spare 
 ' time out of their plantations : If no help comes, it will 
 ' be long e'er Amboy be built as London is housing 
 
 'will 
 
The history 
 
 will bring a trade to that place : The Indians come 
 thither to get fish, fowl, oysters, clams, mussels, 
 &c. (as people go to market for things they want) 
 and these Indians bring at seasons, great quantities of 
 skins down Rariton, so by Amboy and to New- York ; 
 where they have a continual supply of things they 
 want. ■ 
 
 ' Well, here is a brave country, the ground very 
 fruitful, and wonderfully inclinable to English grass ; 
 as clover, c%c. It predominates over the more wild 
 grass, very little barren, much dry upland, and good 
 meadow.: Some fenny, swampy land, and small run- 
 ning brooks and rivers, throughout all the parts of 
 the country I have seen ; and these fenny and 
 swampy lands bear great burdens of grass ; in short, 
 the land is four times better than I expected. We 
 must needs be out of some money at present to pur- 
 chase lands of the Indians, but that will be soon got 
 in with profit, as people come to inhabit and take up 
 land, and pay, as always they have done, their part of 
 purchase from the Indians : Here is great talk of the 
 braveries of the place and land : Barnagat I intend 
 to see shortly after the season is fitting to go by land 
 and water to it ; I intend to go by water in a sloop, to 
 see how convenient it is by water, and from thence 
 come by land ; so then I shall tell you more : Ye must 
 expect to be at charges for doing these and such other 
 tilings : I purpose shortly to write to, and demand 
 of all places tlie quit rents and arrears ; they generally 
 say they will pay : Capt. Berrie is two or three hun- 
 dred pounds behind in arrears, as is said ; because 
 his case differs from others a little, I'll (God permit- 
 ting) begin with him first of all about his rent, &c. 
 and either have rent, or land : What you write con- 
 cerning building and repairing, shall be observed : I 
 wish I were fairly rid of all the goods I have of yours, 
 and my own, at twenty eight per cent, excepting such 
 as are for the Indian trade : These parts of America 
 ' are accommodated with English goods ; nevertheless 
 ' when I pay workmen and labourers, I pay them goods 
 
 rated 
 
Of NEW-JEESEY. 
 
 176 
 
 * rated cent, per cent. New- York money ; but then 
 ^ I must pay them two or three parts silver ; which I 
 ^procure with goods as well as I can. 
 
 * The houses at Amboy are thirty feet long, and 
 ^ sixteen wide, ten feet betwixt joint and joint, a 
 ^ double chimney made with timber, and clay as the 
 ' ' manner of this country is to build, will stand in 
 
 * about fifty pounds a house ; this pay procured here for 
 ' twenty five in goods the first cost. I shall make you 
 ' no return this year, seeing we are about purchasing 
 ^ and surveying ; all which will run out money in this 
 ^ place, where men are so scarce to be had ; on such 
 ' accounts, I must as well as I can, turn your goods 
 ^ into money, provision and goods for Indians, I have 
 ' laid out Amboy into one hundred and fifty lots, and 
 ^ have sent home a draught of it. 
 
 S. Groome. 
 
 Gawen Ijawrie arriving this year deputy governor 
 of East-Jersey, under Robert Barclay, chose a fresh 
 council ; Richard Hartshorne one of them : There 
 having been considerable disturbances in the province, 
 -especially about Middletown and Woodbridge, relating 
 to town affairs;/- their prudent conduct contributed 
 to the quiet of the province : The two following letters, 
 wrote soon after Lawrie's arrival, contain, as well his 
 sentiments of the country, as some of the principal 
 transactions of those times. 
 
 Gawen Lawrie, to the proprietors at London. 
 
 Elizabeth-Town, 1 Month 2d, 1684. 
 ' I took up several days with countrymen, and 
 ^ others, to view the ground and water ; at last I 
 
 * pitched upon a place, where a ship of 300 tun may 
 ride safely within a plank length of the shore, at low 
 
 ' water ; adjoining thereto is a piece of marsh ground, 
 
 ' about 
 
 /. In one of these disturbances, Lewis Morris, afterwards 
 overnor of New- Jersey, being a party, was taken prisoner and 
 ontiii'd in a log house ; his partizans prized up the logs high enough 
 Kjr him to creep out. 
 
 A. a 
 
 1683. 
 
176 
 
 The history 
 
 A. D. < about twelve perches broad, and twenty perches 
 1684. < long, and high land on each side like our keys by 
 
 * London bridge ; this may be easy cut quite round, 
 
 * for small vessels to come to the key, and He safe ; round 
 ' this island I set out lots one acre apiece, viz. four 
 ' pole at the key, and forty pole backward ; from 
 ' thence along the river near half a mile : I laid out 
 ' the like lots very pleasant for situation, where they 
 
 * can see the ships coming in the bay of sandy hook, 
 ' for near twenty miles ; the ships may ride along by 
 ' the town, as safe as at London, just at the point by 
 ' the town : Rariton river runs up by the country, a 
 ' great way ; there boats of forty tuns may go ; and 
 ^ the river by the town, goes to New- York, Hudson's 
 
 * river, Long-Island, Staten-Island, and so to New- 
 ^ England : There is no such place in all England, for 
 ' conveniency and pleasant situation ; there are sixty lots 
 
 * upon the river, and forty backward between those and 
 'the river; and those backward, have a high way 100 
 ' foot broad ; where I have laid out a place for a mar- 
 ' ket, with cross streets from the river to the market ; 
 ' where the town houses are to be built : When this 
 ' was done, I laid out 400 acres, to be divided into 
 
 * forty-eight parts, viz. thirty-six to each proprietor ; 
 ' and those who have lots in the town, I grant them 
 ' half lots in this ; to pay for the lots in the town, 
 ' twenty pounds ; or if a half lot of thirty-six acres, 
 
 * forty pounds. I laid 400 acres to lie until the 
 ' proprietors agree to divide it, as people comes over. 
 ' There is sixteen lots taken up by the Scotch proprie- 
 ' tors ; and eight lots by the proprietors that are here : 
 ' There are twenty lots taken up in the town, by other 
 ' people. I engage all to build a house of thirty feet 
 ' long, and eighteen broad, and eighteen feet high to 
 ' the raising ; to be finished within a year ; to pay for 
 ' laying out, forty shillings a lot, and four pence per 
 ' annum, quit-rent ; There are several begun already 
 
 * to build. I have laid out forty or fifty acres for the 
 ' governor's house : The highway and wharlf, between 
 ' the river 100 feet broad; and to leave a row of trees 
 
 ' along 
 
Of new-jersey. 
 
 177 
 
 '■ along upon the river, before the houses, for shade and A. D. 
 ' shelter, exceeding pleasant. I have agreed for two ^^^'^^ 
 ■ houses of like dimensions, to be built for the pro- 
 ' prietors ; and also a house for the governor, of 
 ' sixty -six feet long, and eighteen broad ; if the quit 
 ' rents come in, I intend three or four houses 
 more, for the proprietors : I can easily let them. 
 This work took me up five weeks : After I had 
 finished it, I set the people to work, Scotish 
 and English, about fifty persons ; some preparing 
 for building, others to clearing ground to get corn 
 sown this spring: Then came in a boat privately 
 to Elizal)eth-Town the 12th past: Next morning 
 I went to New York to visit the governor; staid 
 there two or three days ; he was very kind, and 
 promised a ftiir correspondence ; so I did not publish 
 my commission until this day, before the council ; 
 they have been kind and courteous. Now is the 
 time to send over people for settling; there are 30,000 
 acres of land in several places, belonging to the pro- 
 prietors, formerly taken up by Carteret: So here 
 is land enough. The Scots and William Dockwras 
 people coming now and settling, advance the pro- 
 vince more than it hath been advanced these ten 
 years : Therefore proprietors, send over some families 
 and servants ; I shall presently set them out land, and 
 it will bring them in considerable profit, in a 
 few years : Here wants nothing but people. There 
 is not a poor body in all the province, nor that wants ; 
 here is abundance of provision ; pork and beef at 
 two pence per pound ; fish and fowl plenty : Oysters 
 I think would serve all England : Wheat four shil- 
 lings sterling per bushel ; Indian wheat two shillings 
 and six pence per bushel; it is exceeding good for 
 food every way, and two or three hundred fold in- 
 crease : Cyder good and plenty, for one penny per 
 quart. Good drink that is made of water and mo- 
 lasses, stands in about two shillings per barrel, 
 wholesome like our eight shilling beer in England : 
 Good vennison plenty, brought us in at eighteen 
 
 M ' pence 
 
The history 
 
 ^ pence the quarter : Eggs at three pence per dozen ; 
 ' all things very plenty ; land very good as ever I 
 ' saw : Vines, walnuts, peaches, strawberries, and 
 
 * many other things plenty in the woods. The pro- 
 ' prietors have 150 or 200 acres, three miles from 
 ^ the town, up Rariton river salt marsh, where I 
 ' intend to let the people of Amboy cut grass for hay 
 ' until we otherwise order it by lots to them : I 
 'reckon there is laid out for the town, governor's 
 ' house and publick highways, near or about 
 '200 acres; so there rests 1800 acres. I laid out 
 
 400 acres, as I said ; the rest to lie in common 
 
 * until divided : I have put two houses in repair, upon 
 ' the river, called the point, two miles from Elizabeth 
 ' Town ; have let one of them, with ten acres of 
 ' pasture ground, and ten acres of woody ground, for 
 ' seven years, at twenty-six pounds per annum ; the 
 ' man to clear the ten acres of woody ground, and 
 ' make it fit for ploughing or pasture. I intend to let 
 ' the other also, with some land : All the houses were 
 Mike to drop down; all the land lying without fence; 
 
 * and a barn quite fallen down, and destroyed ; 
 
 * another without any cover ; and that other next to 
 ' the house where I dwell, all to pieces ; and all the 
 
 * fences and out-houses were down, but repaired before 
 ' I came. I am setting up a ferry boat at Perth, for 
 ' men and horses, to go and come to Burlington and 
 ' Pennsylvania, and New- York : Also I am treating 
 ' with one, to set up a house midway to Burlington, 
 ' to entertain travellers, and a ferry boat to go to New- 
 ' York ; all which is for promoting Perth, that being 
 ' the center : A Iso you should give me power to set out 
 ' a line, between the governor of New- York and us ; 
 ' he calls on me for it, because several plantations on 
 'the river are settled, and we know not yet on what 
 ' side they will fall ; so I cannot at present mention all 
 ' particulars, which you must supply, by some general 
 ' clauses or words ; for it is not possible for you to 
 ' understand what is for the good of the province, as I 
 ' do, that am here ; and be not sparing to send over 
 
 ' people, 
 
Of NEW- JERSEY. 
 
 179 
 
 * people, it will l>ring you it again, with large profits ; 
 
 * for here is a gallant plentiful country, and good land. 
 
 * I have given you a large account of the little time I 
 ^ have been here : I have none to write for me, but 
 ^ you must send a copy of this to Scotland ; and with 
 
 it your further instructions, to be signed and sent 
 ' me forthwith : I will be bound till it come ; I rest 
 ^ your friend, sic subscribitur, 
 
 Gawen Laweie. 
 The same to a friend in London. 
 
 ' East- Jersey, 1st month 2t)th, 1684. 
 
 ' I promised to write but had not time till now ; I 
 
 * shall give thee a brief account of the country, no fiction, 
 ^ but truth : It is beyond what I expected ; it is situate 
 ^ in a good air, which makes it healthy; and there is 
 
 * great conveniency for travelling from places through 
 and about the province, in boats from a small canoe, 
 
 *' to vessels of thirty, forty or fifty tun, and in some 
 ^ places one hundred in the bay coming up to Amboy- 
 ^ point, where the town of Perth is now in building, 
 
 * a ship of three hundred tun may easily ride close 
 to the shore within a planks length of the houses of 
 
 * the town, and yet the land there, nor other in the 
 
 * province is not low, swampy, marshy ground, but 
 ' pretty high ground, rising from the water side at 
 ' Amboy-point. The bank of the river is twenty 
 ' foot, in some places thirty, and in some forty foot 
 ' high, and yet hath many conveniencies for landing 
 ' goods : The soil is generally black, in some places a 
 ^ foot deep, beareth great burdens of corn, and 
 
 * naturally bringeth forth English grass, two years 
 
 * ploughing the ground is tender, and the plough- 
 ' ing is very easy: The trees grow generally not 
 ' thick, but some places ten, in some fifteen, in 
 ' some twenty-five or thirty upon an acre ; this I find 
 ' generally, but in some particular places there is one 
 ' hundred upon an acre ; but that is very rare : The 
 ^ trees are very tall and straight, the general are oak, 
 
 ' beech, 
 
 A.D. 
 
 1684. 
 
180 
 
 The history 
 
 beech, walnut, chesnuts and acorns lie thick upon 
 the ground, for want of eating; peaches, vines, 
 strawberries and many other sorts of fruit grow com- 
 monly in the woods ; there is likewise gumtree, cedar, 
 whitewood like our fir tree, walnuts, chestnuts and 
 others lie thick on the ground ; there is great plenty 
 of oysters, fish, fowl ; pork is two pennies the 
 pound, beef and venison one penny the pound, a 
 whole fat buck for five or six shillings; Indian corn 
 for two shillings and six pence per bushel, oats twenty 
 pence, and barley two shillings per bushel : We have 
 good brick earth, and stones for building at Amboy, 
 and elsewhere : The country farm houses are built 
 very cheap : A carpenter, with a man's own servants, 
 builds the house ; they have all materials for notliing, 
 except nails, their chimnies are of stones ; they 
 make their own ploughs and carts for the most part, 
 only the iron work is very dear : The poor sort set 
 up a house of two or three rooms themselves, after 
 this manner; the walls are of cloven timber^ about 
 eight or ten inches broad, like planks, set one end to 
 the ground, and the other nailed to the raising, which 
 they plaister within ; they build a barn after the same 
 manner, and these cost not above five pound a piece ; 
 and then to work they go : Two or three men in one 
 year Avill clear fifty acres, in some places sixty, and 
 in some more : They sow corn the first year, and 
 afterwards maintain themselves ; and the increase of 
 corn, cows, horses, hogs and sheep comes to the land- 
 lord : Several merchants of New-York have left their 
 several plantations there, to come to East-Jersey, two 
 or three may join together, with may be twelve, fifteen 
 or twenty servants, and one overseer, which cost them 
 nothing for the first year, except some shoes, stock- 
 ings and shirts : I have been to see these plantations, and 
 find they have a great increase by them, they main- 
 tain their families at New- York with all provisions, and 
 sell a great deal yearly ; and for servants, our English 
 people are far better husbandmen than the New-Eng- 
 landmen ; the servants work not so much by a third 
 
 ' as 
 
Of new-jersey. 181 
 
 as they do in England, and I think feed much better ; A. D. 
 for they have beef, pork, bacon, pudding, milk, but- ^^^^ 
 ter and good beer and cyder for drink ; when they are 
 out of their time, they have land for themselves, and 
 generally turn farmers for themselves : Servants wages 
 are not under two shillings a day, besides victuals ; and 
 at Amboy-point two shillings and six pence per day : 
 At Amboy we have one setting up to make malt, but 
 we want a brewer ; I wish thou would send over some 
 to set up a brewhouse, and a bakehouse to bake bread 
 and bisket ; for a bisket maker we must have, to vend 
 our meat to the plantations : Send over some hus- 
 bandmen and country fellows that plough, sow, reap, 
 thresh, and look after cattle ; a carpenter or two, and 
 a smith for ploughs and horses ; and a cooper which 
 we want very much : If thou will send a dozen of 
 servants, most of them countrvmen : I will set thee out 
 a gallant plantation of five hundred or one thousand 
 acres, on a river side ; but thou must send over some 
 goods to stock it .withal : I desire thee to encourage 
 some of our friends, especially the proprietors, to 
 send over some servants to stock some land ; and when 
 they have cleared it, if they have a mind to let it, 
 here are tenants to take it, and if they will sell it, 
 here are also purchasers : There is one man since I 
 came here, sold his plantation for fifteen hundred 
 pound ; the whole was sixteen hundred or eighteen 
 hundred acres, whereof only one hundred and twenty 
 acres were cleared ; upon which he had a house, gar- 
 den, and orchard, and barn planted : I know several 
 men who let cleared land at six shillings and eight 
 pence, and at ten shillings the acre, yearly rent; which 
 is a good encouragement for sending over servants to 
 plant : I write not this as an idle story, but as things 
 really and truly are : I have sent for servants myself 
 to settle a farm ; for if the proprietors will not do so, 
 I see not what they can expect. The Scots have taken 
 a right course, they have sent over many servants, 
 and are likewise sending more ; they have likewise 
 sent over many poor families, and given them a small 
 
 ' stock ; 
 
182 
 
 The history 
 
 A. D. ' stock : and these families, some for seven, some for 
 • ' ten years, give the half of their increase to the land- 
 ' lord, except the milk, which the tenant hath to him- 
 ' self. I have set them out land and they are at work : 
 ' I believe they will have forty acres cleared this spring 
 ' and this summer : I am to set them out more, so that 
 ' in a short time they will have a great increase coming 
 ' in : This will raise the price of the land here, and is 
 ' the reason that several from New- York bounds come to 
 ' me to take up laud, for they believe now this province 
 
 * will be improving, and our land is better than theirs • 
 ' that every proprietor's sending over ten people, will 
 'also be a great advantage to himself ; encourage others 
 ' to take up land and bring all the division that hath been 
 ' here, to an end ; for these men. seeing that they shall 
 
 * be ballanced, are already more compliant than they 
 
 * were ; now I have laid these things before thee, and 
 'desire thee to impart them to some of the proprietors 
 ' and other friends, that they may consider of the same. 
 ' I am thy loving friend, sic subscriptur. 
 
 Gawejs" Lawrie. 
 
 From John Barclay, Arthur Forbes, and Gawen 
 Lawrie, to the Scots proprietors, of the same date. 
 
 ' Knowing you expect from us an account of thia 
 ' country ; we have for your encouragement,, and for 
 ' the encouragement of all our country-men, whO' 
 
 * may be inclineable to come into this country, given 
 ' you this brief and true account of it, according a& 
 ' we have seen and are credibly informed ; for having 
 ' seen little, yet save the winter season, we must 
 
 * write what is to be seen in summer upon information, 
 'which we have just ground to believe to be true; 
 ' because whatever we have seen already in it (notwith- 
 ' standing all we heard^ of it before we came) surpasses 
 ' our expectation in many things. The air in this^ 
 ' country is very wholesome, and though it alters sud- 
 ' denly, sometimes being one day hot and another cold ; 
 ' yet people are not so subject to catch cold or be distem- 
 'pered by it as ia our country of England. The 
 
 ' land 
 
Of new-jersey. 
 
 183 
 
 'land lies for the most part pretty high, but on the A. D. 
 ' river and creek sides, are many meadows which lie 
 ' low, from which the country people get their hay, 
 ' whereby their stocks are maintained in the winter 
 ' season. Provisions here are plentiful and cheap ; there 
 ' is beef, pork, venison, mutton, fowl and fish, abun- 
 ' dance to be had at easy rates; and for drink 
 'they have good beer and cyder; and those that are 
 'desirous, may have wine of several sorts and other 
 ' kinds of strong liquors ; so that we see little wanting 
 ' that a man can desire ; and we are here sure that a 
 ' sober and industrious people might make this a rich 
 ' country, and enrich themselves in it ; esjjecially 
 ' poor people, who are hard put to it to gain bread at 
 ' home, notwithstanding the excessive labour ; for 
 ' we see that people here want nothing, and yet their 
 ' labour is very small ; they work not so hard by one 
 ' half as the husbandmen or farmers in our country ; 
 ' and many of these who have settled here upwards of 
 ' sixteen years, have lived upon the product of the 
 ' land, they cleared the first two years after they 
 ' came (and cleared none since) which produceth not 
 'only corn to maintain their own families, but sell 
 ' every year ; and the increase of their bestial, whereof 
 'they have good store of several sorts; cows, oxen, 
 ' horses, sheep and swine, yields them other provisi- 
 ' ons, and to sell besides ; yet there be some more 
 ' industrious among them, who have continued clear- 
 ' ing and improving land ; and these have got estates, 
 ' and would not sell their plantations for several hun- 
 ' dred pounds. We have been lately up a little way on 
 ' the Rariton river, but could not go so far as we 
 ' intended, being prevented by rainy weather ; but so 
 'far as we went, was very rich land, and yet that 
 ' above it is said to be richer ; a great deal of it is 
 ' naturally clear of wood, and what is not so, is easily 
 ' cleared, the trees being but small and at a good 
 ' distance from one another ; so that the land yet 
 ' untaken up, so far as we can understand, is easier to 
 ' clear, than that which is taken up. The towns that are 
 
 ' already 
 
184 
 
 The history 
 
 A. D. < already seated, being in woodiest places : The 
 1684. f merchants in New- York, both Dutch and English, 
 ' have many of them taken up land, and settled plan- 
 ' tations in this country ; and several from that colony 
 ' are desiring to come and take up land among us ; 
 ' though they might have land in their own colony 
 ' without paying quit-rents. The wood here is not so 
 ^ hard to clear as many think, they do not pull it up 
 
 * by the roots, but cut them about a foot or more from 
 ' the ground, and one man may cut down many in a 
 ' day ; four of our men the first day they began, cut 
 ' down seventy the best trees they could find fit for 
 ' building : There are not many of great trees, but 
 
 * straight and tall, and there be many sorts, oak, 
 ' walnut, chesnut, cedar, poplar, gum-trees, firrs, 
 ' pines, birch and beech, and other sorts, which we 
 ' remember not at present. There are many good 
 ' orchards of fruit trees, and they make abundance of 
 ' good cyder, especially at one town called Newark, 
 
 * which is esteemed at New- York and other places, 
 ' where it is sold beyond any that comes from New- 
 
 * England : There are peaches and vines grow wild 
 
 * about the river sides, which in season bear good fruit, 
 ' and grapes ; and there are strawberries over all the 
 
 * woods, and many other kind of good fruits, and at 
 
 * Amboy point and several other places; there is 
 ' abundance of brave oysters ; there will be many 
 
 * houses built there quickly, for many have taken up 
 
 * lots, and all that have taken are obliged to build 
 ' within a year : There is good encouragement for 
 
 * tradesmen to come over ; such as carpenters, masons, 
 ' and bricklayers, for they build not only of wood, 
 
 * but also of stone and brick • yet most of country 
 
 * houses are built of wood, only trees split and set up 
 
 * one end in the ground, and coverings to their houses, 
 ' are mostly shingles, made of oak, chesnut and cedar 
 
 * wood, which makes a very neat covering ; yet there 
 
 * are some houses covered after the Dutch manner, with 
 ' panticles. The towns are all settled upon rivers 
 
 * where vessels of thirty or forty tuns may come up to 
 
 ' their 
 
Of NEW-JEESEY. 
 
 185 
 
 ' their doors, and the out plantations generally upon 
 
 * some brook or rivulets, which are as plenty here 
 ' as in our own country, and curious clear water, and. 
 ' in many places are good spring wells, but in the 
 ' towns every man for the most part has a well digged 
 ' on his own land : Among all the towns that are 
 ' settled, none lieth so convenient for trade as New- 
 ' Perth ; for ships of great burden may come up 
 ' close to the houses, and may come up in any time in 
 'the winter: There came a shiu of three hundred tuns 
 ' in there this winter, in the hardest frost we had and 
 ' lay hard by the town, so near that she was tied to a 
 ' tree. The land here brings forth most sorts of Eng- 
 ' lish grain, and great increase ; wheat, rie, barley, 
 ' oats and other sorts of grain, such as Indian corn, 
 ' which is very good and wholesome kind of grain ; 
 ' and also buck-wheat; and those corns are to be had 
 ' at easy rates, either for money or goods, and those 
 ' that have not 'money or goods may have abundance 
 ' for their work : We shall now answer as far as we are 
 ' capable, your queries. 
 
 ' To the first we cannot positively give an account 
 ' of the whole length and breadth of the province ; 
 ' but we are informed that it is a great deal broader 
 'than ye expected ; for those that have travelled 
 ' from the extent of our bounds on Hudson's river, 
 ' straight over to the Delaw^are say it is 100 miles 
 ' or upwards ; we shall know that certainly after a while ; 
 ' for the line betwixt us and New- York, is to be run 
 ' straight over to Delaware river, about three weeks 
 
 * hence ; and after that the line betwixt us and West- 
 ' Jersey ; after which we shall be able to give a true 
 ' acc(junt of the bounds of that province. 
 
 ' 2. When the bounds is so exactlv laid out, we can 
 ' the easier guess at the number of acres, and by that 
 ' time may be able to give an account what number of 
 ' acres is already taken up ; but there is no fear of 
 ' want of land. 
 
 ' 3. The quantity of meadow ground, we cannot 
 
 * determine, having travelled as yet, but little in the 
 
 ' province 
 
The history 
 
 ' province ; but the way we have travelled there is 
 ^ meadow in abundance, both on the water sides and 
 
 * on the upland. 
 
 ' 4. There is also other good ground in some places, 
 ' great quantities free of wood, which is fit either for 
 ' corn or grass ; and the ground all over brings forth 
 
 * good English grass naturally, after it is ploughed. 
 
 ' 5. There are also commons upon the country, but 
 ' what quantity we cannot tell ; there is little kept in 
 ' them save wild horses, which the people take up 
 ' when they have occasion : there is also land fit for 
 
 * pasturage for sheep ; and there is sheep in the coun- 
 ' try, but what number the ablest planters have we 
 ' know not, but some we see have good flocks. 
 
 ' 6. An exact map of the country is not yet drawn, 
 ' nor can you quickly expect it, for it will take up a 
 
 * great deal of time, charge and pains to do it. 
 
 ' 7. There are also hills up in the Country, but how 
 ' much ground they take up we know not ; they are 
 
 * said to be stony, and covered with wood ; and 
 
 * beyond them is said to be excellent land. 
 
 ' 8. To the eighth we cannot answer as yet. 
 
 ' 9. There be people of several sorts of religions, 
 ' but few very zealous ; the people, being mostly New- 
 ' England men, do mostly incline to their way ; and 
 ' in every town there is a meeting-house, where they 
 ' worship publickly every week : They have no publick 
 
 * laws in the country for maintaining publick teachers, 
 
 * but the towns that have them, make way within 
 
 * themselves to maintain them ; we know none that 
 ' have a settled preacher, that follows no other employ- 
 ' ment, save one town, Newark. 
 
 ' 10. The method of building their houses is men- 
 ' tioned already. 
 
 '11. There are not many out plantations that are not 
 
 * within the bounds of some town ; yet there be some, 
 
 * and those are the richest ; what number there are we 
 
 * know not ; some have great quantities of land, and 
 ' abundance cleared. 
 
 <12. The 
 
Of new- jersey. 
 
 187 
 
 * 12. The richest planters have not above eight or 
 
 * ten servants ; they will have some of them a dozen 
 
 * cows ; yea, some twenty or thirty ; eight or ten oxen ; 
 ' horses more than they know themselves ; for they 
 ' keep breeding mares ; and keep no more horses at 
 
 * home than they have occasion to work ; the rest 
 ' they let run in the wood both winter and summer, 
 ' and take them as they have occasion to use them :. 
 ' Swine they have in great flocks in the woods ; and 
 ' sheep in flocks also ; but they let them not run in the 
 
 * woods, for fear of being destroyed by wolves : Their 
 
 * profit arises from the improvement of their land, and 
 
 * increase of their bestial. 
 
 ' 13. There will be in most of the towns already 
 
 * settled, at least 100 houses, but they are not built so 
 ' regular as the towns in our country ; so that we can- 
 ' not compare them with any town we know in Scot- 
 
 * land : Every house in the town hath a lot of four 
 'acres lying to it; so that every one building upon 
 
 * his own lot, makes the town irregular and scattered : 
 ' Their streets are laid out too large, and the sheep in 
 ' the towns are mostly maintained in them ; they are 
 
 * so large that they need no trouble to pave them. 
 
 ' 14. Betwixt Sandy-Hook and Little Egg-Har- 
 ' hour, lie two towns, Middletown and Shrewsbury : 
 ' There is no land taken up that way, but what is 
 ' (now) in the bounds of these two towns ; what kind 
 ' of land it is we know not, having never travelled 
 
 * that way : Barnagat or Burning-Hole,, is said to be a 
 < very good place for fishing ; and there is some desi- 
 
 * ring to take up land there, who inform that it is^ 
 
 * good land, and abundance of meadow lying to it. 
 
 ' 15. There are no fishermen that follow only that 
 
 * trade, save same that go a whaling upon the coasts ; 
 
 * and for other fish there is abundance to be had 
 ' every where through the country, in all the rivers ; 
 
 * and the people commonly fish with long sives or long 
 ' nets, and will catch with a sive, one, sometimes two- 
 ' barrels a day of good fish, which they salt up mostly 
 
 * for their o wn use,^ and to sell to others. 
 
 ' 16. There 
 
The history 
 
 16. There are no ships belonging to this province 
 ' particularly, or built here, save one which Samuel 
 ' Groome built here the last summer, M^hich stands 
 ' yet on the stocks ; (a stop being put to it by his death) 
 'there is conveniency enough to build ships: The 
 ' ships in this part trade mostly to the West-India 
 
 * islands, and some to Newfoundland, where the pro- 
 ^ visions of this country vends. 
 
 ' 17. There is land here in several places, after it is 
 ' cleared and brought into a farm set out for rents, as 
 ' in our country, at five, eight, and ten shillings per 
 ' acre, according to the goodness and situation of the 
 ' said land ; and those that will be at the charge to 
 
 * clear land, may get tenants to take upon these terms ; 
 ' but whether it will turn to good account or not, 
 ^because little experienced as yet, with the charge of 
 ^ clearing of land, I will not positively inform. 
 
 '18. There are several places of the country fit for 
 
 * mills; and several, both corn and saw mills already 
 
 * set up, and good encouragement to set up more. 
 
 ' 19. The acres are here reckoned according to the 
 English account ; sixteen feet to the rood, twenty 
 
 * long, and eight broad makes an acre : One English 
 
 * butt of wheat, which is eight English gallons, or 
 
 * Scots quarts, commonly sows an acre ; two bushels 
 ' of barley also an acre ; and two bushels of oats an 
 
 * acre and half : English peck, which is four English 
 
 * quarts or Scots shopeus of Indian corn, plants one 
 
 * acre. 
 
 ' 20. There are but few Indian natives in this 
 ' country, their strength is inconsiderable, they live 
 ' in the woods, and have small towns in some places 
 ' far up in the country ; they plant a little Indian corn, 
 ' shoots deer, and other wild beasts and fowls for their 
 ' food : They have kings among themselves to govern 
 ' them ; for religion they have none at all ; they do 
 ' not refuse to sell lands at occasion. The prices of 
 'grain and other provisions here at present; Indian 
 
 * corn two shillings and six pence the bushel ; wheat 
 ' four shillings ; rie three shillings ; oats one shilling 
 
 * and 
 
Of new-jersey. 
 
 189 
 
 and eight pence ; beef one penny ; pork two pence ; A. D. 
 venison one penny; mutton three pence the pound, 
 this English measure and weight ; but marlc, these 
 things being valued in this country money, there 
 is a fifth part difference betwixt it and sterling 
 money ; so that wheat being valued here at four 
 shillings the bushel, is but three shillings and three 
 pence sterling, and so of the rest proportionably. 
 
 'Here you have an account of things, as far as 
 we are capable to give at present; with which we 
 hope you will be satisfied, while further opportunity 
 and better experience give us occasion to write more ;, 
 and so we rest your friends and well wishers to all our- 
 countrvmen ; sic subscribitur, 
 
 ♦ Elizabeth-Town, in E.isl-Jersev, i JoHN BARCLAY. 
 tlie29iii of the lir>t moiitli, called V A t^tttttr FnT?T?r^a 
 March, 1684. j ^i^^ HUR ORBES. 
 
 This I have heard read, do also subscribe to the truths 
 thereof^ and rests G. L. 
 
 CHAP. XI. 
 
 Manner of the West-Jersey Government in 1684 : Their 
 unsettled state, and suGoession of governors : Danger of 
 
 suffering for want of food, in 1 687 :. The division line, run 
 
 by G. Keith ; and agreement between the governors Coxe 
 
 and Barclay: Alteration in the manner of locating latids 
 
 in West- Jersey, and the method now in use fixed :■ No 
 
 person in WeM- Jersey to purchase from the Indians, 
 
 without the consent of the council of proprietors ; and 
 
 instructions respecting deeds and warrants for taking 
 
 ■up lands. 
 
 ^ j ^ H E assembly of West- Jersey at their meeting the 
 X 20th of the third month, this year chose Thomas 
 Olive governor, and chairman or speaker ; in both 
 which capacities the governor now acted ; the several Olive, 
 branches of the legislature we have seen doing their 
 business in common together; the peoples choice the 
 
 foundation; 
 
190 
 
 The history 
 
 A, D. 
 
 1684. 
 
 1685. 
 
 Skein. 
 Welsh, 
 ©r. Coxe. 
 
 foundation of the whole, whose representatives were 
 distinctly returned from their respective first, second, 
 third and Salem tenths, (which were all the tenths yet 
 settled) at their first meetings they chose the governor, 
 council, commissioners to lay out land, and all the 
 other officers of government. 
 
 Olive had been twice governor of West-Jersey 
 before, and continued on the last choice in, that station 
 for a year past;.^- but Byllinge having desisted from 
 the claims which the assembly and their constituents 
 had thought unjust, and which had been the cause of 
 their undertaking in opposition to him to choose the 
 governor, and he in this year sending a fresh commission 
 to John Skeine to be his deputy,^- the assembly and 
 people submitted to him, tho' they had before refused 
 William Welsh in that capacity, while Byllinge con- 
 tinued the claims aforesaid : Skeine died in the twelfth 
 month 1687 ; but Dr. Daniel Cox, of London, the 
 greatest proprietor of West-Jersey,^'- was the Sep- 
 tember before appointed to succeed him ; he continued 
 in that station till about the year 1690,^- having ap- 
 pointed 
 
 g. His salary was twenty pounds a year. 
 
 h. Skein's salary beside the fees, was said to be thirty bushels of 
 ■rye. 
 
 i. He own'd twenty-two shares of propriety. 
 
 k. Governor Coxe soon after his appointment to that station, wrote 
 the following letter to the council of proprietors of West-Jersey. 
 ' After Mr. Bylling's decease, his heirs were greatly ignorant of his 
 
 * concerns relating unto West-Jersey, and therefore resolved to sell 
 his interest both in government and property; and that they had 
 
 'begun to treat with a person who would probably have made tlie 
 ' ccmdition of the proprietors and inhabitants very uneasy : I and 
 ' another of the chief proprietors having together a very great share 
 'of the country, applied ourselves for advice unto the lawyers, being 
 ' assured by the most eminent that however Bylling's concessions 
 ■'might in conscience bind him during his life; they were not always 
 ' obiigaiory to a purchaser or successor, because said concessions were 
 
 * made before^his right of government was granted ; we thereupon 
 "'-consulted with several proprietors and others, well wishers to your 
 
 ' colony, 
 
Of new-jersey. 
 
 pointed Edward Hunloke his deputy ; sometime 
 afterwards a commission was sent to John Tatham, 
 
 who 
 
 ^colony, amongst whom it was agreed and resolved to be for the 
 ^ good of your country, and our own security, that one amongst us 
 ^should purchase from the heirs of Mr. Byllinge, all his, and their 
 'interest in property and government; and because my proportion 
 ^of land was greater, or that they apprehended me capable of serv- 
 ^ing them, or to have more money at command, or because they 
 ' had ever preceived me to be zealous and active to promote the 
 'good of the province : I was earnestly pressed and requested to make 
 *a purchase of the government and properties annexed thereunto, 
 'wherewith having complied, that I might demonstrate the disente- 
 ' restedness of my undertaking ; and that I did primarily propose 
 'the welfare and benefit of the people, and prefer it to my private 
 'advantage. I did many times proflfer Mr. Penn, Mr. Ford and 
 'otiiers, who pretend to understand most of your minds, what was 
 'for your good, and to be as it were kind of trustees for you: 
 'That if they would contrive any method, whereby the govern- 
 'ment might be legally and severally invested in the proprietors, or 
 'people without a governor; or if they would find any person 
 ^niore fit to discharge the office of government, or who might prove 
 'more acceptable to the people than myself; I was willing to con- 
 'sign or reconvey all my estate, power, authority as 1 had received 
 'it and upon the same condition, not desiring the least advance 
 'beyond what they all know I had disbursed; but not finding any 
 'proposal to meet with any other return, than an invitation to 
 'proceed, and good wishes that I might therein prove successful; 
 'and finding that all the proprietors in or near London, whom I 
 ' could convene, were greatly satisfied with my conduct, encou- 
 'rageing me to expect they would meet with like acceptance 
 'from the proprietors and inhabitants of West-Jersey: I thereupon 
 'thought tit to recoramunicate unto you the whole transaction of 
 'this affair; as likewise what 1 expect from you the proprietors 
 'and inhabitants of West-Jersey ; and what you may reciprocally 
 'challenge from me: I do therefore hereby give you to understand, 
 'that whereas all the gentlemen of the law, who have been 
 'liitherto consulted, do unanimously agree, that the government 
 'of the province of West New-Jersey, is legally in me as full as 
 'Pennsylvania in Mr. Penn, or East-Jersey in the proprietors 
 'there: I thereupon assumed the tide of governor, and lay claim 
 ' to the powers and authority thereunto annexed ; and 1 am resolved 
 'by the assistance of Alraigiity God, to exercise the jurisdiction by 
 'his royal highness, his last deed or grant unto me conveyed, with 
 'all integrity and faithfidness and diligence, for the benefit and 
 'welfare of those, over whom divine providence hath constituted 
 'me (under our sovereign) superintendant or chief overseer; 
 'always prefering publick emolument, before my own private 
 
 advantage 
 
192 
 
 The history 
 
 A. D. -who being a jacobite; and as Such by principle disqua- 
 lified, him the assembly rejected; on which the pro- 
 prietors 
 
 'advantage; and may I succeed in niy undertakings, well or ill, 
 
 * according as I pursue or violate this resolution and engagement; 
 'and I am contented this my declaration be "recorded, that it may 
 'continually reproach and condemn me if I ever recede therefrom. 
 
 ' 'And whereas Mr. Byllinge, in his former concessions, hath given 
 'his consent, and ratified diverse laws in the said grant, stiled 
 'fundamentnls ; the first concerning liberty of conscience, the 
 'second, that no person shall be deprived of life, limb, estate, 
 'property, privilege, freedom, franchises, without a due trial and 
 'judgment, passed by a jury of twelve good and lawful men in the 
 'neighbourhood; the person excepting, if he please, against thirty- 
 ' five, without any reason rendred, and more if he assign a just 
 'cause: I hereby declare, that I do in ray heart highly approve the 
 'said fundamental laws and concessions, and am ready to confirm 
 'them; and withall, I do faithfully promise, that to the utmost of 
 'my ability, I will cause them to be most inviolnbly observed, as 
 'also those three fundamentals after mentioned. If your assembly 
 'shall desire the continuance of tliem, and that it appears, nothing 
 'is therein contained contrary to the laws of England, which 
 'extend to our colony ; by the breach whereof, we inevitably expose 
 'ourselves unto the forfeiture of our charter, which, next to tlie 
 'blessing of God, and protection of our prince, is our greatest 
 'comfort and security ; and that you may all become fuHy satisfied: 
 'I do not intend to arrogate unto myself any absolute despotic 
 'power. I have thought fit to add, that whereas it is generally 
 ' acknowledged by all intelligent disinterested persons, the govern- 
 'ment of England by a sovereign prince, upon weighty conside- 
 ' rations of making or repealing laws, levying taxes, consulting 
 'with his parlian)ent, is the best of constitutions, and diverse of 
 'our English plantations, having in imitation hereof joined with 
 'the governor and assembly or parliament: I do hereby declare ray 
 ' full and free approbation of such constitution in your province, 
 'and I shall confer upon your assembly, all the powers and privi- 
 
 * leges consistent with the ends of good government, the redressing 
 'grievances, and promoting the peace and prosperity of the 
 'province; and I make my request you would with all convenient 
 'speed, transmit unto me your proposals, both in order unto the 
 'establishing a regular and durable method of convening assemblies, 
 'and what power you desire should be intrusted with them: And 
 'because assemblies have been hitherto convened only annually, 
 'except upon some solemn urgent occasion, it hath been customary 
 'for the governor or his deputy, to act in affairs of importance 
 'during the recess of asserublies, with the advice of a council, I 
 'would desire you to give me to understand, how you expect atid 
 'desire such council shall be chosen : whether you will acquiesce in 
 
 ' the 
 
Of new-jersey. 
 
 193 
 
 prietors sent a commission in 1692, to Andrew Hamil- -^AoP* 
 ^ 1685. 
 
 ton Hamilton. 
 
 the governor's nomination, or whether you desire the assembly 
 should have any share in their election, also in case of succession 
 u[)<)n lecease or misbeliavioiir ; and whether the council shall be 
 anniinl, biennial or triennial, or during life; if understanding, 
 faithful and diligent in discharging of their trust: I shall in all 
 tlie>^e, and any other particulars, which shall manifestly appear 
 to make for puhlick utility, not only have a great deference 
 for your opinion and advice, but readily comply with all your just 
 
 reasonable expectation and requests. Thus having witliout 
 
 reserve or disguise, declared -unto you my sentiments concerning 
 goveinsnent, 1 proceed to affairs of another nature; but of little 
 less moment: It is the fixed persuasion of diverse intelligent 
 persons, tiiat your province hath deeply sufl'ered, and is stinted in 
 its growth for want of ascertaining its limits, and fixing a boundary 
 between it, East Jersey, and New-York ; that thereupon a subdi- 
 vision might be made of the country, into one hundred proprie- 
 taries, as was originally agreed, thereby appropriating unto every 
 good yjurchaser his portion in specialty; 1 have inclosed an 
 account of my transMclions with the proprietors of East Jersey, 
 many of whom being persons before well affected unto me, I 
 have highly disobliged, u{)on my refusal to comply with their 
 claim, upon the last pretended agreement; all which, and much 
 more, if like occasion should require, I shall readily conflict 
 with, and chearfully undergo, for the good of our little, yet unto 
 me, dear community, which 1 shall love, cherish, and endeavour 
 to support and maintain, as if they were members of my own 
 private family : Lastly, I do confirm all those persons who were 
 appointed by Mr. Byllinge, or chosen by the people in their 
 respective places and employments, until I further learn from 
 you the stale of your colony, unless by some new advice and very 
 extraonlinary motives I should be obliged to make an alteration, 
 wliicli should it happen, you may all rest assured, I shall have a 
 tender regJtrd unto your welfare and satisfaction: And now 
 nothing remains besides our supplicating with united minds, the 
 allwise God, to grant us the wisdom which is pure and peaceable, 
 to enable us methodically to order our affairs with discretion ; that 
 we may act, industriously, regularly, chearfully, in the several 
 stations and employments his divine providence hath allotted us, 
 C()n>^ideri(ig we are one body, and members one of another; that 
 no injury can happen to a part which wdi not redound in some 
 to the hurt of the whole: For my own particular, I can appeal 
 imto the searcher of hearts, that I do sincerely and primarily 
 d>'sign the prosperity of your province, in its peace, security ?nd 
 fdenty ; and that it may be so settled, as that you may not only 
 live happily dining my administration, but that it may not be in 
 the power of any future governor, deriving from me, even to 
 hinder the due execution, much less to repeal those laudable 
 
 N 
 
194 
 
 The history 
 
 I685' He was accepted and continued governor of 
 
 West-Jersey, while it remained under the proprietary 
 jurisdiction, tho' with some interruption in 1698, of 
 which hereafter ; being also some part of the time 
 governor of both East and West- Jersey, and Pennsyl- 
 vania. 
 
 Law The year 1686, seems to have been a dangerous one 
 
 fcwords. East- Jersey, if the law then passed against wearing 
 
 ^c. swords was properly founded : According to that, seve- 
 
 ral persons had received abuses, and were put in great 
 
 fear 
 
 'constitutions, which with yonr advice and assistance I hope to 
 'establish : And on your parts, I ex[)ect and promise myself a ready 
 'compliance with what-soever shall be proposed Cor the publick good : 
 'Th.-it instead of factions and divisions, there be a generous emula- 
 ' tion amongst you, who ishall promote the welfare of our commu- 
 'nity: That you be mutually tenderly aflf'ectioned one towards the 
 'otiier; and though you may differ in opinions, concerning things 
 'of les-^er moment, yet continue united in aflfi^ction, as being 
 'servants to the same God, subject to the same prince, and having 
 'one common interest; often remembering, that by unanimity and 
 'concord, diverse nations have been advanced from contemptible 
 'beginnings, unto great wealth and power; whereas by discord, 
 'mighty empires have been broken and ruined, without the acces- 
 'sion of external force: Tliat the God of peace and love would 
 'unite, preserve and prosper you, is the frequent, fervent, and 
 'shall continue to be, the constant request, of your most affectionata 
 'friend, Daniel Coxe. 
 
 ' September the 6th, 1687. 
 
 I. His salary in 1695 and 1696, was two hundred pounds a year 
 as governor of West- Jersey ; but the salary in both East and West- 
 Jersey seems in some periods, to iiave been rather occasional : In the 
 latter province in 1697, provision was made for two hundred pounds 
 by a law. with the following preamble, 'Being sensible of the 
 'many great services done by our present governor, Col. Andrew 
 'Hamilton, since liis accession to the administration of the govern- 
 ' ment of this tirovince ; and taken also into our consideration, ihe 
 'great charge that must attend any person in that post, and how 
 ' little hath yet been done by us ^uiswerable to his merit and station ; 
 * we find ourselves obliged in point of gratitude, and in testimony 
 'of our affection to him, and as a demonstration thereof, to offer as 
 'is hereafter expressed ; and pray our governor's acceptance thereof 
 'from a poor people, whose good- will and regard to him is not to 
 'be measured by the value of our offering, but integrity of the 
 'offerers.' The salary of the governor of l^ast-.J ersey in 1694, 
 1695, and 1696, was one hundred and fifty pounds per annum. 
 
Of J^EW-JERSEY. 
 
 195 
 
 fear from quarrels and challenges ; to prevent it for the A. D. 
 future, none by word or message, were to make a chal- 
 lenge, upon pain of six months imprisonment without 
 bail or raainprize, and a ten pound iine ; whoever ac- 
 cepted or concealed the challenge, was also to forfeit 
 ten pounds ; no person was to wear any pocket pistols, 
 skeins, stilladers, daggers or dirks, or other unusual 
 weapons, upon pain of five pounds forfeiture for the 
 first offence, and for the second to be committed ; and 
 on conviction imprisoned for six months, and moreover 
 to pay a fine of ten pounds; no planter was to go 
 arm'd with sword, pistol, or dagger, upon penalty of 
 five pounds. Officers, civil and military, soldiers in 
 service, and strangers travelling upon lawful occasions, 
 were excepted. This law for any thing that appears, 
 is yet in force. 
 
 The settlers in both West Jersey, and Penn- 
 sylvania, about the year 1687, were put to difficulties 1687. 
 on account of food ; their crops having in great part 
 failed ; several families had already spent their last, Food 
 and were forced to subsist on what was spared by such of 
 their neighbours as were better provided; these were 
 few in proportion to the mouths to be filled : Some 
 nigh the rivers had lived weeks upon fish, others were 
 forced to put up with herbs ; but unexpectedly to many 
 arrived a vessel from New-England to Philadelphia, 
 laden with corn, which proved an agreeable supply ; 
 this vessel meeting with a good market others soon fol- 
 lowed ; so that the settlers were not afterwards exposed 
 to the like necessity for want of food. 
 
 In this year, George Keith, surveyor-general of East- 
 Jersey, by order of the proprietors there, attempted Keith's 
 to run the division line between East and West-Jersey ; 
 pursuant to an award on the terms established in the 
 
 quinti- 
 
196 
 
 The history 
 
 A. D. 
 1687. 
 
 Traversed 
 by Ciiap- 
 man. 
 
 1688. 
 
 Agree- 
 ment be- 
 tween the 
 governors 
 Coxe and 
 Barclay. 
 
 quiiitipartite deed.m. He began with a line from 
 little Egg Harbour, north by west and three degrees 
 five minutes more westerly, as the compass then pointed 
 for a part ; the line he run sixty miles in length, till he 
 fell upon the corner of Dobie's plantation, on the south 
 branch of Rariton : This, by order of the .council of 
 proprietors of West-Jersey, in or about the year 1721, 
 was traversed by John Chapman, esteemed a careful sur- 
 veyor ; upon the computation it appeared, that the line 
 at the time of his traverse, was north sixteen degrees 
 and forty three minutes west, which leaves a varation of 
 two degrees and twenty three minutes in that thirty- 
 four years. The remaining part of Keith's line was 
 from Dobie's plantation, along the rear of tliat and 
 other tracts and plantations, as they were before pa- 
 tented and surveyed in right of the proprietors of the 
 eastern division of New- Jersey, until it intersects that 
 part of the north branch of Rariton river, which descends 
 from a fall of water, commonly called and known by 
 the Indian name of Allamitung then running from 
 that point intersection up the branch of stream of the 
 fall of Allamitung. 
 
 Upon the original runnihg this line, the western pro- 
 prietors thought too much of their best lands were 
 surveyed to the eastward ; and were uneasy with it. 
 
 In the fall 1688, the governors of East and West- 
 Jersev, on behalf of each division, entered into the fol- 
 lowing agreement. 
 
 ' London, September 5, 1688. 
 ' It is agreed this day, by Dr. Daniel Coxe, governor 
 ' of the province of West-Jersey, on behalf of himself, 
 ' and all the rest of the proprietors of that province, on 
 'the one part; and Robert Barclay, governor of the 
 ' province of East- Jersey, on behalf of himseM' and all 
 
 *the 
 
 m See this deed, vol. i. of laws, p. 63, &c. 
 
Of new- jersey. 
 
 ^ the rest of the proprietors of that province, on the 
 ' other part ; as foUoweth, viz. 
 
 ' For the final determination of all differences, con- 
 ^ cerning the deed of partition; and all other disputes 
 ' and controversies about dividing the lands, and set- 
 ' tling the bounds between East and West-Jersey. 
 
 ' 1. The line of partition run strait from little Egg- 
 ' Harbour, to the most westerly corner of John Dobie's 
 ^ plantation, as it stands on the south branch of Rariton 
 ' river, shall be the bounds so far between East and 
 
 * West-Jersey, and shall not be altered ; but remain as it 
 ' stands, on a printed draught of the proprietors lands, 
 ' surveyed in East-Jersey, and drawn by John Reid, 
 
 * and since printed here. 
 
 ' 2. From thence to run along the back of the adjoin- 
 ' ing plantations, until it comes to James Dundass his 
 plantation ; and from thence, at the most north westerly 
 ' part thereof, a line to lye down with a line on the 
 
 * back of those plantations, and so to run north eastward, 
 
 * till it touch the north branch of Rariton river, as it is 
 ' struck upon the map already : but saving the plan- 
 ' tations already laid out, to be within the line, if they 
 ' happen to stand a little more westerly than that line 
 
 * is marked. 
 
 3. ' From the north end of the line, where it touches 
 
 * Rariton north branch ; thence forward the largest 
 ' stream or current of water belonging to the said north 
 ' branch, shall be the bound or partition ; and so con- 
 ' tinning along the same, unto the north end thereof, 
 ' for the bounds so far.. 
 
 4. ' From the said north end of the branch, a short 
 ' strait line to run to touch the nearest part of Passaick 
 ' river ; and so following the course of that river, 
 ' continuing Poquanick river, so long as it runs nor- 
 ' therly or north westerly ; those rivers still to be the 
 ' bounds between both provinces ; and if Poquanick 
 
 * river do not run far enough to the latitude of forty 
 
 * one degrees ; then from the said river, a straight 
 ^ line to l3e run northward to the latitude ; and that to 
 
 'be 
 
The history 
 
 'be the utmost north partition point, and from the 
 
 * said point in a strait line due east to the partition point 
 
 * on Hudson's river, between East- Jersey and New- 
 
 * York : Provided always, that all plantations and 
 
 * tracts of land, laid out and surveyed, before this 
 
 * agreement arrives in E-ast- Jersey, shall remain to the 
 ' parties concerned ; and the partition shall so run as 
 
 * to include them within East-Jersey bounds. 
 
 * Lastly, Dr. Coxe doth covenant and promise, to 
 
 * make good the agreements above written, and war- 
 
 * rant the title and quiet possession of all the lands so 
 
 * to be appropriated to the proprietors of East-Jersey, 
 ' according to the limits and bounds abovementioned, 
 
 * against all persons that shall or may pretend, or claim 
 
 * any interest to any of the said lands, as WestrJersey 
 
 * proprietors : And Robert Barclay doth covenant 
 *and promise, to make good the agreement above 
 
 * written, and warrant the title and quiet possession of 
 
 * lands, so to be appropriated, to the proprietors of 
 ' West-Jersey, according to the limits and bounds 
 ' abovementioned, against all persons that shall or may 
 ^ pretend or claim any interest to any of the said lands, 
 
 * as East- Jersey proprietors : For performance of all 
 
 * and every the respective articles and covenants herein 
 ' mentioned ; they do mutually bind themselves, each 
 
 * to the other, in the sum of five thousand pounds, to be 
 
 * well and truly paid on the breach of any of the clauses 
 
 * and covenants, herein before mentioned. In witness 
 
 * whereof, they have interchangeably set their hands 
 
 * and seals, the day and year first above written."- 
 Sealed and delivered Robert Barclay. 
 
 in the presence of 
 David Hewling. 
 Stephen Lucock. 
 
 Notwithstanding this agreement, and that the 
 parties have at several times seemed desirous the line 
 
 . should 
 
 n. See the consent of many western proprietors, to the agreement 
 3Tiade witli East-Jersey, in the line of division by Dr. Daniel Coxe* 
 IleveU's book. B. Secretary] Office, Burlington, pi 233. 
 
Of NEW-JERSEY. 
 
 199 
 
 should be properly run out and fixed ; the necessary 
 preliminaries could never yet be sufficiently settled; 
 those of East-Jersey being thought by the western pro- 
 prietors to have the advantage in every step hitherto 
 taken ; while they on the contrary, have not been 
 wanting to alledge their reasons.?- 
 
 In order to keep the transactions relative to the divi- 
 sion line together, we are necessarily brought forward 
 in course of time, with respect to the manner of locat- 
 ing the proprietors lands in West-Jersey ; the divisions 
 and sub-divisions of shares had multiplied demands, 
 and introduced a necessity for other measures than had 
 been hitherto in practice; accordingly in 1687, the 
 proprietors found it expedient to enter into the following 
 agreement. 
 
 ' Whereas by experience it hath been found, that New me- 
 ' the concerns particularly relating to the proprietors Jlj^.^^^*' 
 ' of the province of West New- Jersey, by reason of lands. 
 ' the great difficulty of getting them together, upon 
 ' several emergent occasions, have been greatly detri- 
 ' mental not only to the carrying on and progress of 
 ' the same necessary and publick concerns, but also 
 
 * very chargeable and burthensome to the said proprie- 
 ' tors, especially those of them who live at a great 
 
 distance; and also complained of by the members 
 ' of the general assembly, as taking up a great part 
 
 * of their time, in an affiiir particularly relating to the 
 
 * proprietors ; and finding that the affair touching the 
 ' publick concerns of the said proprietors, may be 
 
 * carried on with far less charge and burthen to the whole, 
 ' and with more effect by such number of persons, as by 
 'the proprietors shall be esteemed fit and qualified 
 
 * on their behalf, to transact and agitate their publick 
 
 ' affairs 
 
 p. To trace the proceedings relating to this line minutely, will 
 be a task proper for those immediately concerned ; they are volu- 
 minous: To give an account of some more of the steps hitherto 
 taken, a few papers are added in the appendix. Vid. appendix, 
 Numb. iv. v. vi. vii. 
 
 A. D. 
 
 1688. 
 
200 
 
 The history 
 
 affairs as proprietors : We therefore, underwritten 
 proprietors of the province aforesaid, being met 
 together at Burlington, in the same province, this 
 fourteenth daj of the twelfth month, anno 1687, 
 by a general appointment of the same proprietors ; 
 do therefore unanimously agree together as followeth, 
 (viz.) That eleven proprietors within the said pro- 
 vince, shall be yearly and every year, nominated, 
 elected and chosen, by and amongst the said proprie- 
 tors, to be commissioners and trustees at a day 
 certain ; six whereof in the county of Burlington, 
 and five within the county of Gloucester, in the 
 province aforesaid ; who shall be, and are impowered 
 to act and plead in all such affairs, as do, and shall 
 generally concern the body of the said proprietors of 
 the same province, as fully and effectually as if the 
 whole body of the same proprietors were together, 
 and should personally do, and conclude the same; 
 which act and acts, thing and things, by the same 
 commissioners and trustees for the time being, so 
 from time to time to be done and performed as 
 aforesaid, we the said proprietors do hereby ratify, 
 establish and confirm ; and we do hereby nominate 
 and appoint our trusty friends Samuel Jenings, 
 Thomas Olive, William Biddle, Elias Farre, Mahlon 
 Stacy, Francis Davenport, Andrew Robeson, Wil- 
 liam Royden, John Reading, William Cooper, and 
 John Wills, commissioners and trustees for the year 
 next ensuing, to do, act and officiate in the affair 
 aforesaid, until the tenth day of the second month, 
 anno domini 1688; and we do hereby agree and 
 appoint, that each and every of the said commissioners 
 and trustees now elected and chosen, and from time 
 to time hereafter to be elected and chosen, shall have 
 and be allowed two shillings per day, for each and 
 every day they shall be concerned to act in the affair 
 aforesaid ; the same to be paid by the proprietors of 
 the province proportionably to their respective shares 
 of the said province. In testimony whereof, we the 
 proprietors of the province aforesaid, have to this 
 
 ' instrument 
 
Of NEW- jersey. 
 
 201 
 
 ' instriiinent, in this and the schedule hereunto affixed, A. D. 
 ' put our hands, dated the fourteenth day of the 
 'twelfth month called February, anno domini 1687. 
 
 ' At a meeting of the proprietors at Burlington, this 
 ' sixth of the seventh month, in the year 1688 ; it is 
 'agreed, that five of the commissioners shall be a quo- 
 ' rum in all their meetings, and shall have power to 
 'act in as full mauner as if the whole number of 
 ' eleven were present ; and it is further agreed, that the 
 ' said commissioners sliall meet at least once a quarter, 
 ' the day after each quarter sessions. 
 
 ' Thomm Hutchison, Christopher Wetherill, Thomas 
 ' Butcher, John Pancoast, Henry Grubb, John 
 ' Tatbam, Thomas Barton, John Woohton, Robert 
 ' Turner, Thomas Budd, George Hutchinson, John 
 ' Dayes, John Shinn, Henry Wood, John Kay, Thomas 
 ' MattJiews, Thomas Sharp, Isaac Harriot, Bernard, 
 ' Devonish, Samuel Oldale, Thomas French, Perdval 
 ' Towle, Francis Collins, Thomas Gardiner, Daniel 
 ' Wills, William Meyers, Anthony Elton, John Hugg, 
 ' Richard Herritage, William Bate, William Alberson. 
 
 ' An instrument of the same form and date, signed 
 ' in Gloucester county, by Woolla Dalbo, William 
 ' Cooper, William Alberson, John Ladd, John Hugg, 
 ' jun. John Wills, Thomas Sharp, John Rambo, Robert 
 ' Zane, James Atkinson, Francis Collins, Thomas 
 ' Thackera, John Hugg. 
 
 ' Indorsed on the back side. 
 ' We the within subscribers, do approve of, ratify 
 ' and confirm the persons within mentioned, to serve as 
 
 * our representatives for the year ensuing, with these 
 'alterations following, viz. instead of Mahlon Stacy 
 ' and Francis Davenport, that John Tatham and 
 ' George Hutchinson, be elected and serve in their 
 ' stead ; and in place of William Cooper, Thomas 
 
 * Gardiner, jun. is elected to serve in his stead ; and 
 ' that instead of eleven trustees, there shall be but 
 ' nine for the year ensuing ; five of which shall make 
 ' a quorum : All which is consented to, concluded, 
 
 ' and 
 
202 
 
 The history 
 
 A. D. 
 
 1688. 
 
 Minutes 
 of W. Jer- 
 Bey council 
 of proprie- 
 tors. 
 
 * and agreed upon, this first of the first month, at 
 'Gloucester, anno 1688, by the proprietors within 
 ' subscribed. 
 
 On this agreement with some little variations after- 
 wards, is founded the present constitution of the council 
 of proprietors of West-Jersey ; the following minutes, 
 being some of their first proceedings thereafter, shows 
 their method and practice for some time after the estab- 
 lishment of the said constitution. 
 
 ' At a meeting of several proprietors of West- Jer- 
 sey, at Burlington, on the sixth day of the seventh 
 month, anno domini 1688. 
 
 ' It was then and there debated, and being put to 
 the vote, agreed by the proprietors then present, that 
 every proprietor, and every person interested in 
 proprieties, shall pay to the use of Daniel Coxe, to 
 any person appointed to receive it, as a reimburse- 
 ment for the money laid out by him, in the Indian 
 purchase lately made in the lower counties, the sum 
 of twelve shillings and six pence for every thousand 
 acres, and so proportionably to be taken up out of 
 that purchase ; the first year to begin the first day of 
 April last past, and from that time twelve months, 
 to advance eighteen pence upon every year ensuing, 
 until the time that the money aforesaid to be paid for ; 
 the land to be laid out within the bounds of the same 
 purchase, as consideration for the monies disbursed 
 by the said Daniel Coxe in the said Indian purchase of 
 the whole tract, which, by the surveyor Andrew 
 Robeson, is computed to be three hundred thousand 
 acres of good land, ca})able and worthy of improve- 
 ments ; which money being paid, the party so paying 
 shall be acquitted of all other, payments on the con- 
 sideration aforesaid. 
 
 ' 2. That the surveyor for the time being, be 
 engaged not to set out any land within the limits of 
 this Indian purchase, until the money abovementi- 
 oned be paid and secured as abovesaid. 
 
 * 3. And 
 
 ii 
 
Of NEW- jersey. 
 
 203 
 
 ' 3. And it is further agreed, that for the land taken A. D. 
 
 * up by order of the said Dr. Coxe, above the falls of 
 
 * Delaware, every proprietor taking up any part there- 
 ' of, shall pay to Dr. Coxe, or his order, the sum of 
 '.twenty-five shillings per thousand acires, and two 
 ' shillings and six pence yearly consideration, till the 
 
 * money be paid. * " 
 
 ' At a meeting of the council of proprietors, being 
 ' nominated, elected and constituted by the proprie- 
 ' tors of the province of West-Jersey, to negotiate 
 ' their alfairs for the year ensuing, held at Burlington, 
 ' the eighteenth day of September, anno domini, 1 688. 
 
 ' Elected, Thomas Olive, Andrew Robeson, Samuel 
 ' Jenings, Francis Davenport, William Biddle, Mah- 
 ' Ion Stacy, William Roydon, William Cooper and 
 ' John Reading ; five of which shall make a quorum. 
 
 ' Present at this meeting, these persons ; Thomas 
 
 * Olive, Andrew Robeson, Samuel Jenings,' William 
 ' Biddle, Francis Davenport, William Roydon, Wil- 
 
 * liam Cooper. Thomas Olive, president. 
 
 ' Imprimis, It is agreed, ordered and concluded 
 'by authority of the council abovesaid, That Samuel 
 ' Jenings be, and is hereby appointed commissioner,, 
 
 * to examine all deeds, taking a minute of the same, 
 ' and issue warrants to the surveyor general, for the 
 ' surveying and taking up of lands ; keeping a record 
 ' of the same, and this for the inhabitants within the 
 
 * county of Burlington, or to any others as occasion shall 
 
 * require. 
 
 ' 2. It is likewise agreed and ordered, that John 
 ' Reading shall perform the same service, for the inha- 
 ' bitants within the county of Gloucester ; and to all 
 
 * others as occasion shall require. 
 
 '3. And it is ordered and appointed, that for the 
 ' support of their service, every warrant for land under 
 ' one hundred acres, shall pay the sum of one shilling ; 
 'and one hundred acres and above, under one thou- 
 ' sand, shall pay the sum of eighteen pence ; and one 
 ' thousand acres and upwards,, shall pay the sum of two 
 ' shillings and six pence. 
 
 '4. And 
 
204 
 
 The history 
 
 A. D. 
 
 1688. 
 
 ^ 4. And it is further ordered, that the said Samuel 
 Jening;s and John Reading, shall, upon demand of 
 this council, at any time, deliver into them a copy of 
 their said minutes by them taken from time to time. 
 
 ' 5. A nd it is ordered and appointed by the autho- 
 rity aforesaid, that Andrew Robeson, the surveyor 
 general, shall from time to time, upon demand of 
 this council, make return to them of all warrants 
 executed by him, that have not been returned before. 
 
 ' 6. And it is likewise ordered and appointed by this 
 council, That Mahlon Stacy, John Day, William 
 Wood and John Hollinshead, shall be rangers for 
 the county of Burlington and upwards; and John 
 Kay, Thomas Sharp and Israel Helme, jun. shall 
 be rangers for the county of Gloucester, for the year 
 ensuing. 
 
 ' 7. It is also concluded and ordered, that no person 
 or persons whatsoever, shall presume to purchase any 
 land from the Indians, without the consent of this 
 council first obtained, otherwise to be prosecuted as 
 our common enemy. 
 
 * The council adjourns until the fourth day of No- 
 vember next. 
 
 * At a meeting of the council of proprietors in Bur- 
 
 * lington, upon the tenth day of eighth month, anno 
 ' 1688. 
 
 * Present in council, Thomas Olive, president. 
 
 * Andrew Robeson, William Biddle, Samuel Jen- 
 
 * ings, William Royden, John Reading. 
 
 * Imprimis, whereas John Skene is appointed by the 
 'secretary and register general of the dominion and 
 ' territories of New-England, to receive the records, 
 ' rolls and papers from Thomas Revel and John Read- 
 ' ing, who hath already demanded the same ; and the 
 'said Thomas Revel and John Reading, making their 
 ' application to the council, to know their pleasure 
 
 * therein. 
 
 ' The council have, and do order, that all records 
 'relating to government, may be delivered according 
 
 'to 
 
Of NEW-JEESEY. 
 
 ■ to the secretary's order ; but such as relate to lands, 
 'they judge to be the projirietors property, and that 
 ' they ought to abide and remain with them, and hope 
 ' the governor is already satisfied therewith. 
 
 ' The council adjourns till the sixth hour in the 
 morning, on the 11th day. 
 
 ' The eleventli of the eighth month. 
 ' Agreed and concluded, that all deeds granted only 
 by Edward Byllinge, in and before the year 1682, 
 sluill be adjudged and esteemed insufficient for the 
 commissioners to^ grant warrants upon.' 
 
 ' The form of the Gommissioners commission. 
 ' A. B. thou art hereby authorized,, by the power and 
 order of the couneil of proprietors, to be commissioner 
 for the county of for the examining of deeds, 
 
 and granting loarrayds, for the taking up of lands 
 within the province of West- Jersey ; well and faithfully 
 in all things discharging thy said office; and the trust 
 in thee reposed, according to the instructions herewith 
 sent; to the best of thy skill, and understanding. 
 Given under my hand and seal, the &g. 
 
 ' Instructions for the commissioners to observe and 
 follow, in their examining of deeds, and granting 
 of warrants for the taking up of lands. 
 
 ' 1. Agreed and ordered by the council aforesaid, 
 that the commissioners grant no warrants, but upon 
 the producing of good deeds, authentic copies, or 
 an extract of the record of su<ch deed under the 
 register's hand, &c. 
 
 ' 2. That all deeds granted only by Edward Byl- 
 linge, in and before the year 1682, shall be accounted 
 insufficient for the commissioners to grant warrants 
 up(m. 
 
 ' 3. That there shall be given a particular warrant 
 for every several deed, or particular purchase. 
 
 ' 4. That the president of the council for the time 
 being, shall, from time to time, grant warrants 
 for the commissioners, for the talcing up of their 
 own lands. 
 
 That 
 
206 
 
 The history 
 
 A. T>. ' 5. That the commissioners shall not direct their 
 
 1688. { warrants to the surveyor-general for the laying forth 
 ' of his own lands, but to some other person, at the dis- 
 ' cretion of the commissioner that gives forth the 
 ' warrant. 
 
 ' 6. That every proprietor coming for a warrant, 
 'shall first sign to an instrument, to be presented to 
 
 * them, for their compliance, to pay his, and their res- 
 ' pective and proportionable share of such incident 
 ' charge, for the management of the proprietors alFairs ; 
 ' as in the said instrument here following, may further 
 ' appear. 
 
 ' The form of the instrument to be signed by the 
 ' proprietors before they have warrants granted for the 
 
 * taking up of their lands. 
 
 ' We the subscribers having taken into considera- 
 ' tion the necessity of the incident charges, that will 
 ' attend the council of proprietors, in the employ and 
 ' concern wherein we have placed, and constituted 
 them, for the carrying on, and discharging of those 
 ' inevitable charges that will follow upon the prosecu- 
 ' tion of our affairs ; we do therefore hereby bind, and 
 ' oblige ourselves ; each for himself, and not for one 
 ' another, to comply with, and pay our proportions 
 ' respectively of the aforesaid charges, as our said 
 ' council shall from time to time give us an account of, 
 ' and find needful to be raised : In witness whereof we 
 ' have hereunto set our hands, the &c. 
 
 ' The council adjourns till the 7th hour in the morn- 
 'ing, being the 12tli day of October, Anno 1688. 
 
 ' The 12th day of the 8th month. 
 
 ' The council being met, they ordered the writing 
 ' of a letter to the governor, to request the secretary to 
 ^ permit the records of lands to rest in the same hands 
 ' they have formerly been ; forasmuch as they conceive 
 ' they properly belong to the proprietors. 
 
 The council likewise order another letter to the 
 ' secretary, to signify the receipt of his warrant, by 
 
 * Thomas Revell and John Reading, for the delivery 
 ' of all records, rolls, &c. and do desire the secretary, 
 
 < that 
 
Of new-jersey. 
 
 207 
 
 that the records of lands may still remain in the said -A^- T>. 
 ^ Thomas Revell and John Reading's hands : But for 
 ' other records that relate to government, may be dis- 
 ' posed of according as he shall appoint. 
 
 We have before given a summary of some of the 
 first laws published in the eastern and western divisions, 
 while under proprietary management ; from that time 
 forward, till the surrender of the government, many 
 ■others were passed in both ; but being either framed 
 to particular occasions, or afterwards in part repealed 
 or supplied, and most of them of no great public con- 
 cernment now, further repetition of them here was 
 thought unnecessary. 
 
 In the year 1691, Dr. Coxe conveyed the govern- 1691. 
 ment of West-Jersey and territories, to the West-Jersey Dr. Coxe 
 soeiety, consisting of the following persons : Sir Jersey so- 
 Thonias Lane, knt. Michael Watts, Edward Harri- ciety. 
 son, Thomas Skinner, James St. Johns, Nicholas 
 Hayward, Mordecai Abbot, Nicholas Battersby, 
 Robert Curtis, John Jurin, Richard Bramhall, Robert 
 Mitchell, Charles Mitchell, James Boddington, John 
 Grunston, Arthur Shallet, John Lamb, William 
 Wightman, Joseph Brooksbank, William Thompson, 
 Henry Harrington, John Love, Thomas Phipps, 
 Isaac Cocks, John Sweetable, Thomas Bromfield, 
 John Norton, Robert Hackshaw, John Bridges, 
 Joseph Paise, Edward Richier, William Dunk, Ed- 
 Avard E[abberdlield, John Alberson, Edward West, 
 Edward Paunceford, Obadiah Burnet, Francis Michel, 
 Benjamin Steele, John Slaney, Nehemiah Erwing, 
 John Wilcocks, Richard Mayo, Jonah Netteeway, 
 William Brooks, Tracey Pauncefort, Joseph Allen, 
 and Richard Greenaway. Vid. the instrument, RevelVs 
 Book, B. Secretary's ojice Burlington, p. 298. 
 
 CHAP. 
 
208 
 
 The history 
 
 CHAP. XII. 
 
 A flood at Delaware falls : Death and character of 
 Thomas Olive, Thomas Gardiner, and John Woolston, 
 Commotions in East and West- Jersey : Surrender of 
 the two govenments to queen Anne : Her acceptance 
 thereof ; and her commission to lord Cornbury, 
 
 A. p. ryi H E first settlers of the Yorkshire tenth in West- 
 1692. Jersey, had several of them built upon the low 
 
 lands, nigh the falls of Delaware, where they had now 
 lived, and been improving near sixteen years; they 
 had been told by the Indians, their buildings were 
 Flood in liable to be damaged by freshes, and the situation of 
 the place must have made it probable : They had 
 . however, got up several wooden tenements and out- 
 houses, which in the spring were accordingly generally 
 demolished : The snows suddenly melting above, 
 caused an uncommon overflow of the river ; there 
 have been many great floods since, but none quite so 
 high ; it came upon them so unexpectedly, that many 
 were in their houses surrounded with water, and con- 
 veyed to the opposite shore, by neighbours from thence, 
 in canoes : The water continued rising till it reached 
 the upper stories of some of their houses, then most, 
 or all of them gave way, and were dashed to pieces ; 
 many cattle were drowned ; beds, kettles, and other 
 furniture, were picked up on the shores below ; the 
 frights and damages were considerable; two persons 
 in a house, carried away by the sweeping torrent, lost 
 their lives before they could be got out. This accident 
 taught the owners here to fix their habitations on 
 higher ground, and was what is commonly called the 
 great flood at Delaware falls. 
 
 In 
 
 i 
 
Of NEW-JEESEY. 
 
 209 
 
 It was in the spring this year that the proprietors A. D. 
 of West- Jersey first appointed col. Andrew Hamilton ^Q^^- 
 to be their governor.?- 
 
 About this time also died Thomas Olive, who since T. Olive, 
 the first settlement of West-Jersey, had been a man of 
 importance there; he came over one of the London 
 commissioners in 1677, was sometime governor, in 
 which station he behaved with great circumspection 
 and prudence; while a common magistrate he had a 
 ready method of business, often doing it to good effect 
 in the seat of judgment on the stumps in his meadows; 
 he contrived to postpone sudden complaints, till cool 
 deliberation had shewn them to be justly founded, and 
 then seldom failed of accommodating matters without 
 much expence to the parties : He had been imprisoned 
 and otherwise a sufferer for religion in England ; and 
 by his preaching and writing as well as other public and 
 private conduct, had gained general love and esteem, 
 which he merited to the last. 
 
 In September 1694, died Thomas Gardiner : he 1694. 
 arrived early at Burlington, went through several ^^j! 
 publick stations in West-Jersey with a good character, 
 had considerable knowledge in variety of business, 
 and was an exemplary member of society, civil and 
 religious. 
 
 In the beginning of 1698, died John Woolston, 1698. 
 
 one of the first settlers at Burlington, who had now ^' 
 
 o ' ston. 
 
 for upwards of twenty years, through the fatigues of 
 a new settlement, proved himself a ready friend and 
 neighbour, and valuable member of society. 
 
 We are now come to the year 1701 ; a memorable 1701. 
 sera in New-Jersey, on account of the disturbances tions!™^" 
 and confusions that violently agitated several parties, 
 
 and 
 
 q. See his commission in book B. secretary's office, Burlington, 
 p. 287. 
 
 O 
 
210 
 
 The history 
 
 ■A^^^- and the change of government that followed in con- 
 sequence of them : Each province had many and 
 different proprietors, who promoted separate schemes 
 and interests; these sometimes interfered: To facilitate 
 particular purposes, one party would have the choice 
 and management of a governor, while another refused 
 any but of their own nomination ; and a third objected 
 to proposals from either : Moderate councils could not 
 be heard ; a contaminating spirit of party and discord 
 took place of order and peace ; every expedient to 
 restore union and regularity, proved unsuccessful ; 
 faction prevaiFd, and particular animosities were nou- 
 rished to that degree, that the delays of time seem'd 
 only to give opportunity of accumulating fresh occa- 
 sions of disgust and uneasiness ; a detail of particulars, 
 would be an ungrateful, we hope an unnecessary task ; 
 a few facts may suffice as specimens of the whole : To 
 come at these, we must go back to the spring 1698. 
 J. Bass. Jeremiah Bass, under a pretence of a commission he 
 
 had received from some of the proprietors of East- 
 Jersey, with the king's approbation, superceded Andrew 
 t^'.^^"^^^" Hamilton, the then governor of both East and West 
 Jersey ; but in the next year it appeared, that Bass had 
 not obtained the king's approbation of his commission, 
 nor was it granted by enough of the proprietors to make 
 it valid, which induced great numbers of the inhabitants 
 to refuse obedience to him, and to the magistrates and 
 officers by him appointed ; some persons being impri- 
 soned for refusing obedience, it was resented by others 
 with great indignation, and feuds and confusion follow- 
 ed : To accommodate matters for the present, Andrew 
 Hamilton was again appointed governor, by a fresh 
 commission from some of the proprietors ; but a great 
 number refused obedience to him, and the magistrates 
 and officers under him, in like manner, and for the same 
 reasons as they had refused Bass and those he appointed. 
 
 The 
 
Of NEW-JERSEY. 
 
 211 
 
 The disorders in the Eastern division during; this time/- A. D. 
 made such an impression on the minds of many of the 
 people, that they readily hearkened to overtures made 
 for a surrender of government. A considerable part 
 of West- Jersey was also, for. similar reasons, disposed 
 to a resignation : The commotions in both, which had 
 been increasing for some years, now seemed to be got 
 to a crisis, and all things tended to a surrender of the 
 powers of government; which was at length brought 
 about in the beginning of the next year. 
 
 Mean while diverse petitions and remonstrances were Remon- 
 serit home, complaining loudly of their grievances and, 
 confusions ; and praying redress : These and the pro- 
 ceedings in consequence of them, show the principal 
 matters now to be found relating to the surrender and 
 the measures they took to reserve their privileges. «• 
 
 In 1702 the surrender was made by the following 1702. 
 instrument. 
 
 * Surrender from the proprietors of East and West- Surrender. 
 
 New-Jersey, of their pretended right of govern- 
 ' ment to her majesty. 
 
 ^ Whereas his late majesty king Charles the second, 
 ' by his letters patents under the great seal of England, 
 
 * bearing date at Westminster, on or about the twelfth 
 ' day of March, in the sixteenth year of his reign ; 
 ' did give and grant to James, then duke of York, 
 
 his heirs and assigns, all that part of the main land of 
 ' New-England, beginning at a certain place called or 
 
 * known by the name of St. Croix, next adjoining 
 ^ to New-Scotland, in America ; and from thence 
 
 ' extending 
 
 r. Long before, accordinjf to the representation of the lords of 
 trade, Onober 2, 1701, 'the proprietors (say they) of East-New- 
 '.It'fsey, <lid surrender their pretended right of Government to king 
 'James, in tlie month of April, 1688; which was accordingly 
 ^■accepted by him.' 
 
 s. Vid. Appendix, numb, viii, ix, x, xi, xii, xiii, xiv. 
 
212 
 
 The history 
 
 A. D, < extending; along: the sea coast unto a certain place 
 • 'called Pemaquod or Pernaquid, and so up t/ie river 
 ' thereof to the furthest head of the same, as it tends 
 ' northward ; and extending from then(!e to the river of 
 ' Kenibique ; and so upwards by the shortest course to 
 ' the river Canada, northward : And also all that island 
 ' or islands, commonly called by the several name or 
 ' names of Manowacks, or Long-Island, situate, 
 ' lying and being towards the west of Ca[)e Codd, and 
 ' the Narrohigansets, abutting upon the main land 
 ' between the two rivers there, called or known by the 
 'several names of Connecticut and Hudson's river; 
 ' together also with the said river called Hudson's river, 
 ' and all the lands from the west side of Connecticut 
 ' river, to the east side of Delaware bay : And also all 
 ' those several islands called or known by the names of 
 ' Martin's Vineyard, and Nantucks, or Nantu(!ket : 
 ' together with all the lands,, islands, soils, rivers, 
 ' harbours, mines, minerals, quarries, woods, marshes,. 
 ' waters, lakes, fishings, hawkings, hunting and 
 ' fowling ; and all other royalties, profits, commodi- 
 ' and hereditaments to the several islands, lands and 
 ' premises, belonging and appertaining, with their 
 ' and every of their appurtenances ; to have and 
 ' TO HOLD all and singular the said lands, islands^ 
 ' hereditaments, with their and every of their appur- 
 ' tenances, to the said James Duke of York, his heirs 
 'and assigns forever; to be held of the said king, his 
 ' heirs and successors, as of his manor of East Green- 
 ' wich in Kent, in free and common socage, and not in 
 ' capite or by knight's service ; yielding and rendering 
 ' therefore yearly and every year, forty beaverskins when 
 ' demanded ; or within ninety days after. And by the 
 ' same letters patents, the late king Charles the second, 
 ' for himself, his heirs and successors, did give and 
 ' grant to the said James duke of York, his heirs, 
 ' deputies, agents, commissioners and assigns, full and 
 ' absolute power and authority, to correct, punish, 
 ' pardon, govern and rule all such subjects of the said 
 ' king, his heirs and successors,, as should from time 
 
 Ho 
 
Of NEW-JERSEY. 
 
 213 
 
 to time adventiare themselves into the parts and places 
 aforesaid, or that should at any time then after inhabit 
 within the same, according to such laws, orders, or- 
 dinances, directions and instructions, as by the said 
 duke of York, or his assigns, should be established ; 
 arid in defect thereof, in case of necessity, according 
 to the good directions of his deputies, commission- 
 ers, officers or assigns respectively, as well in all 
 causes and matters, as well capital and criminal, as 
 civil, both marine and others; so always as the said 
 statutes, ordinances and proceedings, were not con- 
 trary, but as near as might be, agreeable to the laws 
 and, statutes and government of the realm of Eng- 
 land ; saving and reserving to his said majesty, his 
 heirs and successors, the receiving, hearing and deter- 
 mining, of the appeal and appeals of all, or any 
 other person or persons of, in or belonging to the ter- 
 ritories or islands aforesaid, in or touching any judg- 
 ment or sentence to be there made or given ; and 
 further, that it should and might be lawful to and for 
 the said duke of York, his heirs and assigns, from 
 time to time, to nominate, constitute, ordain and 
 confirm such . laws as aforesaid, by such name or 
 names or stiles, as to him or them shall seem good; 
 and likewise to revoke, discharge, change and alter 
 as well all and singular governors, officers and mini- 
 sters, which then after should be by him or them 
 thought fit or needfnl to be made or \yied within the 
 aforesaid parts and islands ; and also to make, ordain, 
 and establish, all manner of orders, laws, directions, 
 instructions, forms and ceremonies of government 
 and magistracy, fit and necessary for and concerning 
 the government of the territories and islands afore- 
 said, so always as the same were not contrary to the 
 lawg and statutes of the realm of England, but as 
 near as might be, agreeable thereunto ; and the same 
 at all times then after to put in execution or abrogate, 
 revoke or change, not only within the precinct of the 
 said territories or islands, but also upon the seas in 
 going and coming to and from the same, as he and 
 
 ' they 
 
214 
 
 The history 
 
 A. D. 
 
 1702. 
 
 they in their good direction should think to be fittest 
 for the good of the adventurers and inhabitants there : 
 And the late king did thereby grant, ordain and 
 declare, that such governors, officers, ministers, as 
 from time to time should be authorized and appointed 
 in manner and form aforesaid, should and might have 
 full power and authority to use and exercise martial 
 law, in cases of rebellion, insurrection and mutiny, in 
 as large and ample manner as the lieutenants of his 
 said majesty in his counties of the reahn of England 
 had, or ought to have, by tlieir commissions of lieu- 
 tenancy, or any law or statute of the said realm of 
 England. And the said late king did thereby also 
 for himself, his heirs and successors, grant to the said 
 James duke of York, that it should and might be 
 lawful for him, his lieirs and assigns, in his or their dis- 
 cretions, from time to lime, to admit such and so many 
 person or persons to trade and traffick unto and within 
 the territories and islands aforesaid, and into every or 
 any part or parcel thereof, and to have process and 
 enjoy any lands and hereditaments in the parts and 
 places aforesaid, as they should think fit, according 
 to the laws, orders, constitutions and ordinances by 
 the said James duke of York, his heirs, deputies,, 
 commissioners and assigns, from time to time to be 
 made and established, by virtue of and according to 
 the true intent and meaning of the said letters patents,, 
 and under ' such conditions, reservations and agree- 
 ments as the said James duke of York, his heirs and 
 assigns, should set down, order, direct and appoint ; 
 and not otherwise. And by the said letters patents^ 
 the said king did for himself, his heirs, and successors), 
 grant to the said James duke of York, his heirs and 
 assigns, and to all and every such governor and gover- 
 nors, or other officers and ministers, as by the said 
 James duke of York, his heirs or assigns, should be 
 appointed, with power and authority of government 
 and command in or over the inhabitants of the said 
 territories or islands, that they and every of them 
 should, or lawfully might, from time to time, and at 
 
 ' all 
 
Op NEW-JERSEY. 
 
 all times then after or for ever, for their several defence 
 and safety, encounter, expulse, repel and resist by 
 force of arms, as well by sea as by land, and all ways 
 and means whatsoever, .all such person or persons as 
 without the especial licence of the said James duke of 
 York, his heirs or assigns, should attempt to inhabit 
 within the several precincts and limits of the said 
 territories and islands ; and also all and every such per- 
 son and persons whatsoever, as should enterprize or 
 attempt at any time then after, the destruction or in- 
 vasion, detriment or annoyance to the parts, places or 
 islands aforesaid, or any part thereof ; as by the said re- 
 cited letters patents duly enrolled, relation being there- 
 unto had, more at large may appear. And wheeeas 
 the estate, interest, right and title of the said James 
 duke of York, in and to the provinces of East-Jer- 
 sey and West-Jersey ; part of the premises by the said 
 recited letters granted, are by mean conveyances and 
 assnrances in law, come unto and vested in or claimed 
 amongst others, by sir Thomas Lane, Paul Domi- 
 nique, Robert Mitchell, Joseph Brooksbank, Michael 
 Watts, Edward Richier, John Norton, Ebenezer 
 Jones, John Whiting, John Willcocks, John Bridges, 
 Thomas Skinner, Benjamin Steel, Obadiah Burnet, 
 Joseph Micklethwait, Elizabeth Miller, Benjamin 
 Levy, Francis Minshall, Joseph Collier, Thomas 
 Lewis, Jo. Bennet, John Booker, Benjamin Nelson, 
 James Wasse, Richard Harrison, John Jurin, 
 Richard Greenaway, Charles Mitchell, Francis 
 Mitchell, Tracy Paunceford, William Hamond, 
 Ferdinando Holland, William Dockwra, Peter Son- 
 mans, Joseph Grimston, Charles Ormston, Edward 
 Antill, George Willocks, Francis Handcock, Tho- 
 mas Barker, Thomas Cooper, Robert Burnet, Miles 
 Foster, John Johnstone, David Lyell, Michael 
 Hawdon, Thomas Warne, Thomas Gordon, John 
 Barclay, Clement Plumstead, Gilbert Mollison, and 
 Richard Hasell, the present proprietors thereof; and 
 they also have claimed, by virtue of the said letters 
 patents and mean conveyances, to exercise within 
 
 'the 
 
216 
 
 The history 
 
 A. D. * the said provinces for the governing; the inhabitants 
 { tihereof, all the powers and authorities for government 
 
 * granted by the said letters patents to the said duke and 
 ' his heirs and assigns ; but her majesty hath been advised, 
 ^ that they have no right nor can legally execute any of 
 ' the said powers ; but that it belongeth to her majesty 
 
 * in right of her crown of England, to constitute 
 ^governors of the said provinces, and to give directions 
 ' for governing the inhabitants thereof, as her majesty 
 'shall think fit: And the said proprietors being desir- 
 ' ous to submit themselves to her majesty, are willing to 
 ' surrender all their pretences to the said powers of 
 ' government, to the intent her majesty may be pleased 
 ' to constitute a governor or governors of the same 
 ' provinces, with such powers, privileges and authori- 
 ' ties for the government thereof, and making of such 
 
 * laws there, with the consent of the assembly of the 
 ' said provinces, and her majesty's subsequent appro- 
 ' bation thereof, as her majesty in her great wisdom 
 
 * shall think fit and convenient. We therefore 
 ' the said Sir Thomas Lane, Paul Dominique, Robert 
 'Michell, Joseph Brooksbank, Michael Watts, Ed- 
 ' ward Richeir, John Norton, Ebenezer Jones, John 
 
 * Whiting, Clement Plumstead, John Willcocks, John 
 'Bridges, Thomas Skinner, Benjamin Steel, Obadiah 
 ' Burnet, Joseph Micklethwait, Elizabeth Miller, Ben- 
 'jamin Levy, Francis Minshall, Joseph Collier, Tho- 
 ' mas Lewis, Jo. Bennet, John Booker, Benjamin 
 'Nelson, James Wasse, Richard Harrison, John 
 ' Jurin, Richard Greenaway, Charles Mitchell, Fran- 
 ' cis Mitchell, Tracy Paunceford, William Hamond, 
 ' Ferdinando Holland, Willam Dockwra, Peter Son- 
 ' mans, Joseph Grimston, Charles Ormston, Edward 
 ' Antill, George Willocks, Francis Handcock, 
 ' Thomas Barker, Thomas Cooper, Robert Burnett, 
 ' Miles Foster, John Johnstone, David Lyell, Mi- 
 ' chael Hawdon, Thomas Warne, Thomas Gordon, 
 ' John Barclay, Gilbert Mollison, and Richard Hasell, 
 ' &c. the present proprietors of the said provinces of 
 ' East-Jersey and West-Jersey, for the considerations 
 
 ' and 
 
Of NEW-JERSEY. 
 
 217 
 
 and to the intent aforesaid, have surrendered and A. D. 
 yielded up, and by these presents for us and our heirs, l'^^^^' 
 do surrender and yield up unto our sov^ereij^n lady 
 Anne, by the grace of God, queen of England, 
 Scotland, France, and Ireland, defender of the faith, 
 &c. her heirs and successors, all these the said powers 
 and authorities to correct, punish, pardon, govern 
 and rule, all or any of her majesty's subjects or others 
 who now inhabit, or hereafter shall adventure into or 
 inhabit within the said provinces of East-Jersey and 
 West-Jersey, or either of them ; and also to nomi- 
 nate, make, constitute, ordain and confirm any laws, 
 orders, ordinances and directions and instruments 
 for those purposes, or any of them ; and to nomi- 
 nate, constitute or appoint, revoke, discharge, change, 
 or alter any governor or governors, officers or mini- 
 sters, which are or shall be appointed, made or used 
 within the said provinces or either of them ; and to 
 make, ordain and establish any orders, laws, direc- 
 tions, instruments, forms or ceremonies of govern- 
 ment and magistracy, for or concerning the govern- 
 ment of the provinces aforesaid, or either of them ; 
 or on the sea in going and coming to or from thence; 
 or to put in execution, or abrogate, revoke or change 
 such as are already made for or concerning such 
 government, or any of them; and also all those the 
 said powers and authorities to use and exercise martial 
 law in the places aforesaid, or either of them, and 
 to admit any person or person to trade or traffick 
 there, and of encountering, repelling and resisting 
 by force of arms, any person or persons attempting to 
 inhabit there without the licence of us the said pro- 
 prietors, our heirs and assigns, and all other the pow- 
 ers, authorities and privileges of or concerning the 
 government of the provinces aforesaid, or either of 
 them, or the inhabitants thereof, which were granted 
 or mentioned to be granted by the said recited letters 
 patents, and every of them. In witness whereof, 
 the persons abovenamed, have hereunto set their 
 hands and seals, this fifteenth day of April, in the 
 
 ' year 
 
The history 
 
 ' year of our lord one thousand seven hundred and two j 
 ' and in the first year of her majesty's reign. 
 
 For the eastern division. 
 ' Peter Sonraans, Joseph Ormston for myself, and 
 ' as proxy for Charles Ormston, Edward Antill, and 
 ' George Willocks, and representative of Francis 
 ' Hancock ; Thomas Lane, Paul Dominique, Ro- 
 ' bert Mitchel, Joseph Brooksbank, E. Richier. Mi- 
 ' chael Watts, Clement Plumstead, Lewis Morris in 
 
 * the behalf of Robert Burnet ; Miles Foster, John 
 
 * Johnstone, Michael Hawdon, John Barclay, David 
 
 * Lyell, Thomas Warne, Thomas Gordon, Thomas 
 'Barker, Thomas Cooper, Gilbert Mollison, Henry 
 
 * Adderly for Richard Hasel, of Barbados ; Wil- 
 
 * liam Dockwra. For the western-division. 
 
 ' John Booker, John Whiting, John Willcocks, John 
 
 * Bridges, Thomas Skinner, Benjamin Steel, Obadiah 
 
 * Burnet, Joseph Micklethwait, Thomas Lamb, Paul 
 
 * Dominique, Francis Mitchel, Joseph Brooksbank, 
 
 * Michael Watts, Ed. Richier, John Norton, Eben. 
 ' Jones, Benjamin Nellson, James Wasse, Richard 
 
 * Harrison, John Jurin, Richard Greenaway, Charles 
 
 * Mitchel, Francis Mitchel, Francis Paunceford, Wil- 
 
 * liam Hamond, Ferd. Holland, Elizabeth Miller, 
 
 * Benjamin Levy, Francis Minshall, Joseph Collins, 
 
 * Thomas Lewis, J o. Bennet. 
 
 * Sealed and delivered by T. Lane, P. Dominique, 
 
 * R. Michell, J. Brooksbank, M. Watts, E. Richier, 
 *J. Norton, E. Jones, J. Whiting, J. Willcocks, J. 
 
 < Bridges, T. Skinner, B. Steel, O. Burnett, J. Mic- 
 'klethwait, E. Miller, B. Levy, F. Minshall, J. 
 ' Collier, T. Lewis, J. Bennet, J. Booker, B. Nelson, 
 
 * J. Wasse, R. Harrison, J. Jurin, R. Greenaway, C. 
 
 < Mitchel, F. Mitchel, T. Pauncefort, W. Hamond, 
 *F. Holland. And for the interest the proprietors 
 
 * of West-Jersey*, have in East-Jersey, T. Lane, P. 
 ' Dominique, R. Mitchel, J. Brooksbank, E. Richier, 
 
 * and M. Watts. Sealed and delivered by the aforesaid 
 
 * persons in presence of us, L. Morris, 
 
 Jonathan Greenwood. 
 
 'Sealed 
 
Of NEW-JEESEY. 
 
 21& 
 
 ' Sealed and delivered by William Dockwra, Peter A. D. 
 
 * Sonraans, Joseph Ormston, Thomas Barker, and 
 
 * Thomas Cooper, proprietors of East-Jersey, in the 
 ' presence of us, Richard Bouts, Nathaniel Welch. 
 
 ' Sealed and delivered by Gilbert Mollison, in pre- 
 ' sence of us, Daniel Wild, Gilbert Falconer. 
 
 ' Sealed and delivered by Clement Plumstead, in 
 'presence of us, John Askew, Samuel Hannington. 
 
 ' Sealed and delivered by Henry Adderly, in pre- 
 ' sence of us, »John Blackall, Thomas Gage. 
 
 ' Sealed and delivered by Lewis Morris, in pre- 
 ' sence of, Aug. Graham, Richard Bibby.' 
 
 ' The Queen's acceptance of the surrender of 
 ' government. 
 
 'At the court at St. James's, the 17th day of 
 'April, 1702. 
 
 ' Present : The Queen's most excellent majesty. 
 
 ' His Royal Highness Earl of Radnor, 
 
 ' Prince George of Earl of Berkely, 
 
 ' Denmark, Earl of Rochester, 
 
 ' Lord Keeper, Earl of Marlborough, 
 
 ' Lord President, ^ Earl of Bradford, 
 
 ' Lord Steward, Earl of Romney, Queen's 
 
 'Duke of Bolton, Earl of Ranelagh, ^^^^P" 
 
 ' Duke of Schomberg, Lord Ferrers, 
 
 'Duke of Leeds, Lord Godolphin, 
 
 ' Lord Great Chamber- Mr. Comptroller, 
 
 ' lain, Mr. Vice Chamberlain, 
 
 ' Earl Marshal, Mr. Secretary Vernon, 
 
 ' Lord High Admiral, Mr. Chancellor of the Ex- 
 ' Lord Chamberlain, chequer, 
 
 ' Earl of Dorset, Lord Chief Justice, 
 
 ' Earl of Manchester, Sir Charles Hedges, 
 
 ' Earl of Stamford, Mr. Smith. 
 
 ' Earl of Burlington, 
 
 This day the several proprietors of East and West 
 ' New- Jersey, in America, did in person, present a 
 ' deed of surrender by them executed under their hands 
 ' and seals, to her majesty in council, and did acknow- 
 
 ' ledge 
 
220 
 
 The history 
 
 A. D. ' ledffe the same to be their act and deed ; and humbly 
 ' desire her majesty to accept the same, that it might 
 ' be enrolled in the court of chancery, whereby they 
 ' did surrender their power of the government of those 
 ' plantations : Which her majesty graciously accepted, 
 ' and was pleased to order, as it is hereby ordered, tiiat 
 
 * the same be enrolled in her majesty's said high court 
 ' of chancery ; and the said instruments are to be deli- 
 ' vered to Mr. Attorney General, who is to take care 
 
 * that the same be enrolled accordingly. 
 
 Lord Directly after the surrender, Edward lord viscount 
 
 Cornbuiy. /-< i i n 
 
 (Jornbury, grandson to the great chancellor Clarendon, 
 
 was appointed governor of New-Jersey ; his commis- 
 sion was as followeth : 
 
 * Anne, by the gracg of God, of England, Scot- 
 ' land, France and Ireland, Queen, defender of the 
 ' faith, &c. To our trusty and well beloved Edward 
 ' Hyde, esquire, commonly called lord Cornbury, 
 ' greeting : Whereas in the government of that coun- 
 
 * try, which was formerly granted by king Charles 
 ' the second, under the name of Nova-Csesaria, or 
 ' New-Jersey, and which has since been subdivided by 
 ' the proprietors, and called East New- Jersey, and 
 ' West New-Jersey, such miscarriages have happened, 
 ' that the said country is fallen into disorder and confu- 
 
 * sion ; which has accordingly been represented to our 
 
 * dearest brother the late king, in several petitions, 
 
 * memorials and other papers, signed by the general 
 
 * proprietors, and by great numbers of the inhabitants ; 
 ' and by means of that disorder the publick peace and 
 ' administration of justice, whereby the properties of 
 ' our subjects should be preserved there, is interrupted 
 ' and violated, and the guard and defence of that 
 ' country so totally neglected, that the same is in immi- 
 
 * nent danger of being lost from the crown of England : 
 
 * And whereas the aforesaid proprietors being sensible 
 ' that the said country, and our good subjects the inha- 
 
 * bitants thereof, cannot be defended and secured by 
 
 * any other means then by our taking the government 
 
 'of 
 
Of new-jersey. 
 
 ' of the same under our immediate care, have executed 
 ' and made a formal and entire surrender of their 
 ' right, or pretended right and title to the government 
 ' of that country unto us : We therefore, reposing 
 ' especial trust and confidence in the prudence, cou- 
 ' rage and loyalty of you the said lord Cornbury, out 
 ' of our especial grace, certain knowledge, and meer 
 ' motion, hath thought fit to constitute and appoint, 
 ' and by these presents do constitute and appoint you 
 ' the said lord Cornbury, to be our captain general and 
 ' governor in chief, in and over the aforesaid country 
 ' of Nova-Ca3saria, or New-Jersey, viz. the division 
 ■ of East and West New-Jersey, in America, which 
 ' we have thought fit to reunite into one province, and 
 ' settle under one entire government : And we do here- 
 ' by require and command you, to do and execute all 
 ' things in due manner that shall belong unto your said 
 ' command, and the trust we have reposed in you, 
 ' according to the several powers and directions granted 
 ' or appointed you by this present commission, and 
 ' the instructions and authorities herewith given you, 
 ' or by such further powers, instructions, or authoriti*es 
 ' as shall at any time hereafter be granted, or appointed 
 ' you under our signet and sign manual, or by our 
 ' order in our privy council, and according to such 
 ' reasonable laws and statutes as shall be made and 
 ' agreed upon by you, with the advice and consent of 
 ' the council and assembly of our said province, under 
 ' your government, in such manner and form as is 
 ' hereafter expressed And our will and pleasure is, 
 ' that you the said lord Cornbury, having after the 
 ' proclamation of these our letters patents, first taken 
 ' the oaths appointed by act of parliament to be taken 
 ' instead of the oath of allegiance and supremacy, and 
 ' the oath mentioned in an act, entitled. An act to 
 ' (Jecinre the a/t'Tdtion in the, oath appointed to be taken, 
 ' hy the act, entitled, An act for the further security of 
 ' hiti 7ii(ijedy's person, and the succession of the crown in 
 
 * the proteMant line, and for the extinguishing the hopes 
 
 * of the pretended prince of Wales, and all other pretenders 
 
 ' and 
 
222 
 
 The history 
 
 A. D. ' and their open and secret abettors, and for the declaring 
 ' the association to be determined ; as also the test nienti- 
 ' oned in the act of parliament made in the twenty tifth 
 
 * year of the reign of king Charles the second, entitled, 
 
 * An act for preventing dangers which may h(i ppen from 
 ^ popish recusants ; together with the oath for the due 
 ' execution of the office and trust of our captain geue- 
 ' ral and governor in chief, in and over our said pro- 
 ' vince of Nova-Csesaria, or New- Jersey, as well with 
 
 * regard to the equal and impartial administration of 
 'justice, in all causes that shall come before you, as 
 ' otherwise ; and likewise the oath required to be taken 
 ' by governors of plantations, to do the utmost that 
 ' the laws relating to the plantations be observed ; all 
 ' which our council in our said province, or any three 
 'of the members thereof, have hereby full power and 
 ' authority, and are required to administer unto you ; 
 ' and in your absence our lieutenant governor, if there 
 ' be any upon the place ; you shall administer unto 
 ' each of the members of our said council, as also to 
 ' our lieutenant governor, if there be any upon the 
 'place, as well the oath appointed by the act of parli- 
 ' ament to be taken instead of the oath of allegiance 
 ' and supremacy, and the oath mentioned in the said 
 ' act, entitled. An act to declare the altt^ratioa in the 
 ' oath appoin/ed to be taken by an act, entitled, A71 act 
 ^ for the further security of his majesty's person, and the 
 ' succession of the crown in the protestant line, and, for 
 ' extinguislmig the hopes of the pretended prince of W(des, 
 ' and all other pretenders, and their open and, secret abd- 
 ' tors, and for decla:ri,yig the association to be determined ; 
 
 as the forementioned test, and the oath for the due 
 ' execution of their places and trusts. And we do 
 ' hereby give and grant unto you, full power and 
 ' autliority, to suspend any of the members of our said 
 ' council from sitting, voting, and assisting therein, 
 'if you shall see just cause for so doing: And if it 
 ' shall at any time happen, that by the death, departure 
 ' out of our said province, or suspension of any of our 
 ■' said councellors, or otherwise, there shall be wanting 
 
 'in 
 
Of NEW-JERSEY. 
 
 223 
 
 ^in our said council, any three whereof we do appoint 
 ^to be a quorum, our will and pleasure is, that you 
 *sioi;nify the same unto us, by the first opportunity, 
 ^ that we may under our signet and sign manual, consti- 
 'tute and appoint others in their stead; but that our 
 'affairs may not sulfer at that instant, for want of a 
 'due number of councellors, if ever it should happen 
 'that there should be less than seven of them residing 
 'in our said province, we do hereby give and grant 
 ' unto, you the said lord Cornbury, full power and 
 'authority to chuse as many persons out of the princi- 
 'pal freeliolders, inhabitants thereof, as will make up 
 'the full number of our said council to be seven, and 
 ' no more ; which persons so chosen and appointed by 
 'you, shall be to all intents and purposes councellors 
 Mn our said province, until either they shall be con- 
 firmed by us, or that by the nomination of others by 
 ' us, under our sign manual and signet, our said council 
 'shall have seven or more persons in it. And we do 
 ' hereby give and grant unto you, full power and 
 ^authority, with the advice and consent of our said 
 'council from time to time, as need shall require, to 
 'summon and call general assemblies of the freeholders 
 'and planters within your government, in manner 
 'and form as shall be directed in our instructions which 
 ^ shall be given you, . together with this our commis- 
 'sion. Our will and pleasure is, that the persons 
 "thereupon duly elected, by the major part of tlie 
 'freeholders of the resjiective counties and places so 
 "returned, and having before sitting, taken the oaths 
 'a|)pointed by act of parliament to be taken instead of 
 'the oaths of allegiance and supremacy, and the oath 
 'mentioned in the aforesaid act, entitled, An act to 
 ' declare the alteration in the oath appointed to be taken by 
 ' the act, entitled. An act for the further security of 
 'his m.ajesty's person, and the succession of the crown in 
 ' the protestant line, and for extinguishing the hopes of 
 ' the pretended, prince of Wales, and all ot/ier pretenders, 
 'and, their open and secret abettors, and for declaring the 
 ' association, to be determined ; as also the aforementioned 
 
 'test 
 
224 The HISTORY 
 
 A. D. 'test: Which oath you shall commissionate fit persons 
 'under our seal of Nova-Csesaria, or New-Jersey, to 
 'administer unto them, and without taking of which 
 'oaths and subscribing the said test, none shall be 
 'capable of sitting though elected, shall be called and 
 'held the general assembly of that our province, and 
 'that you the said lord Cornbury, by and with the 
 ' advice and consent of our council and assembly, or 
 'the major part of them respectively, shall have full 
 ' power and authority to make, constitute and ordain 
 'laws, statutes and ordinances, for the public peace, 
 'welfare and good government of our said province, 
 'and of the people and inhabitants thereof, and such 
 ' others as shall resort thereto, and for the benefit of 
 ' us, our heirs and successors, which said laws, statutes^ 
 'and ordinances are not to be repugnant, but as 
 ' near as may be, agreeable unto the laws and statutes 
 ' of this our kingdom of England ; provided that all 
 'such laws, statutes and ordinances, of what nature 
 ' or duration soever, be within three months or sooner, 
 'after the making thereof, transmitted to us, under 
 ' our seal of Nova-Csesaria, or New- Jersey, for our 
 'approbation or disallowance of them, as also dupli- 
 'cates thereof by the next conveyance, or in case any 
 ' or all of them being not before confirmed by us, shall 
 ' at any time be disallowed and not approved, and so 
 'signified by us, our heirs or successors, under our or 
 ' their sign manual and signet, or by order of our or 
 'their privy council, unto you the said lord Cornbury 
 'or to the commander in chief of our said province 
 'for the time being, then such and so many of them 
 'as shall be disallowed and not approved shall from 
 ' henceforth cease, determine, and become utterly void 
 'and of none effect, any thing to the contrary thereof 
 ' notwithstanding. And to the end that nothing may 
 ' be passed or done by our. said council or assembly, to 
 ' the pi-ejudice of our heirs and successors, we will and 
 ' ordain, that you the said lord Cornbury, shall have 
 ' and enjoy a negative power in the making and passing 
 ' of all laws, statutes and ordinances as aforesaid. A nd 
 
 ' that 
 
Of new-jersey. 
 
 225 
 
 that yon shall and may likewise from time to time, as 
 you shall judge it necessary, adjoiu^n, prorogue and 
 dissolve, all general assemblies. Our will and plea- 
 sure is, that you shall and may use and keep the pub- 
 lick seal of our province of Nova-Csesaria, or New- 
 Jersey, for sealing all tilings whatsoever that pass 
 the great seal of our said province under your govern- 
 ment. And we do further give and grant unto you 
 the said lord Cornbury, full power and authority, 
 from time to time, and at all times hereafter, by 
 yourself, or by any other to l)e authoi-ized by you 
 in that behalf, to administer and give the oaths 
 ai)])ointed by act of parliament, instead of the oath 
 of allegiance and supremacy, to all and every such 
 person and persons as you shall think fit, who shall 
 at any time or times pass into our said province, or 
 shall be resident or abiding there. And do further 
 give and grant unto you, full power and authority, 
 with the advice and consent of our said council, to 
 erect, constitute and establish such and so many courts 
 of judicature and publick justice within our said pro- 
 vince under your government, as you and they shall 
 think fit and necessary, for the hearing and determin- 
 ing of all causes as well criminal as civil, according 
 to law and equity, and for awarding execution there- 
 upon, with all reasonable and necessary powers, autho- 
 rities, fees and privileges belonging unto them ; and 
 also to appoint and commissionate fit persons in the 
 several parts of your government, to administer the 
 oaths aj)pointed by act of parliament to be taken 
 instead of the oath of allegiance and supremacy^ and 
 the oath mentioned in the aforesaid act, entitled, An 
 act to (Jeolare the alteration in the oath to be taken by the 
 act, entitled. An act for the further security of his 
 majedy^s person, and the succession of the crown in the 
 protestant line, and for the extinguishing the hopes of 
 the pretended, prince of Wales, and all other pretenders, 
 and their open and secret abettors, and for declaring 
 the association to be determined ; as also the test unto 
 such persons as shall be obliged to take the same. 
 
 P ' And 
 
The history 
 
 And we do hereby authorize and irapower you, to 
 constitute and appoint judges, and in cases requisite 
 commissioners of oyer and terminer, justices of the 
 peace, and other necessary officers and magistrates in 
 our said province, for tlie better administration of 
 justice, and putting the laws in execution, and to 
 administer, or cause to be administered unto them, 
 such oatli or oaths as are usually given for the due 
 execution and performance of offices and places, and 
 for the clearing of truth in judicial causes. And we 
 do hereby give and grant unto you, full power and 
 authority, where you shall see cause, or judge any 
 offiander or offenders in criminal matters, or any fines 
 or forfeitures due unto us, fit objects of our mercy, to 
 pardon all such offenders, and to remit all such offen- 
 ces, fines and forfeitures, treasons and wilful murder 
 only excepted ; in which case you shall likewise have 
 })Ower upon extraordinary occasions, to grant reprieves 
 to the offenders, until and to the intent our royal plea- 
 sure may be known therein. And we do by these pre- 
 'sents, authorise and impower you to collate any person 
 ■ or persons to any churches, cha))els or other ecclesia- 
 'cal benefices within our said provin(;e, as often as 
 'any of them shall happen to be void. And we do 
 ' hereby give and grant unto you the said lord Cornbury, 
 'by yourself, and by your captains and commanders 
 'by you to be authorised, full power and authority to 
 'levy, arm, muster, command and employ all persons 
 ' whatsoever residing within our said province of Nova- 
 ' Csesaria, or New- Jersey, and as occasion shall serve, 
 • them to transport from one place to another for the 
 'resisting and withstanding of all enemies, pirates, and 
 ' rebels, both at sea and land, and to transport such for- 
 ' ces to any of our plantations in America, if necessity 
 ^shall require, for the defence of the same, against the 
 ' invasion and attempts of any of our enemies, pirates 
 'and rebels, if there shall be occasion, to pursue and 
 'prosecute in or out of the limits of our said province 
 'and plantations, or any of them; and if it shall please 
 ' God them to vanquish, apprehend and take, and 
 
 ' being 
 
Of NEW-JERSEY. 
 
 227 
 
 ^ being taken., either according to law to put to death, 
 ' or keep and preserve alive at your discretion, and to 
 
 * execute martial law, in time of invasion, insurrection 
 or war, and to do and execute all and every other 
 
 ' thing and things, which to any caplain general and 
 ^ governor in chief doth or ought of right to belong. 
 ' And we do hereby give and grant unto you full 
 
 * power and authority, by and with the advice and 
 
 * consent of our said council, to erect, raise and build 
 ^ in our said province of Nova-Csesaria, or New-Jersey, 
 ^ such and so many forts, platforms, castles, cities, 
 ' boroughs, towns, and fortifications, as you, by the 
 ' advice aforesaid, shall judge necessary, and the same, 
 ^ or any of them, to fortify and furnish with ordinance, 
 ' ammunition, and all sorts of arms fit and necessary 
 ^ for the security and defence of our said province ; 
 ' and by the advice aforesaid, the same or any of 
 ^ them again to demolish or dismantle as may be most 
 ' convenient. And forasmuch as many mutinies and 
 ^ disorders may happen, by persons shipped and em- 
 ^ ployed at sea, during the time of war ; to the end 
 ^ that such may be better governed and ordered, we 
 
 * do hereby give and grant unto you the said lord 
 ' Cornbury, full power and authority, to constitute 
 ^ and appoint captains, lieutenants, masters of ships, 
 
 * and other commanders and officers, and to grant 
 ' unto such captains, lieutenants, masters of ships, 
 ^ and other commanders and officers, commissions, 
 ' to execute the law martial during the time of war, 
 
 * and to use such proceedings, authorities, correcti- 
 ' ons, executions, upon any offender or offenders 
 ' who shall be mutinous, seditious, disorderly, or 
 ' any ways unruly at sea, or during the time of their 
 ' abode or residence in any of the ports, harbours, or 
 ' quays of our said province, as the cause shall be found 
 ' to require, according to martial law, during the time 
 ' of war as aforesaid. Provided, that nothing herein 
 ' contained, shall be construed to the enabling you, 
 ^ or any by your authority, to hold plea or have any 
 
 'jurisdiction 
 
228 
 
 The history 
 
 jurisdiction of any offence, cause, matter or thing 
 committed or done upon the high sea, or withiii' 
 any of the harbours, rivers or creeks of our said pro- 
 vince under your government, by any captain, com- 
 mander, lieutenant, master, officer, seaman, soldier, 
 or other person whatsoever, who shall be in actual 
 service and pay, in or aboard any of our ships of 
 war, or the vessels acting by immediate commission 
 or warrant from our high admiral of England, under 
 the seal of our admiralty, or from the commissioners 
 for executing the office of, our high admiral of Eng- 
 land for the time being ; but that such captain, com- 
 mander, lieutenant, master, officers, seaman, soldiers, 
 and other persons offending, shall be left to be pro- 
 ceeded against as the merit of their oflPences shall 
 require, either by commission under our great seal of 
 England, as the statute of the twenty-eighth of king 
 Henry the eighth directs, or by commission from our 
 higii admiral of England, or from our commissioners 
 for executing the oflfi(!e of our high admiral of 
 England, for the time being, according to the act of 
 parliament passed in the thirteenth year of king Charles 
 the second, entitled, An act for establishing articles 
 and orders, for the regulating and better government of 
 his majesty's navy, ships of war, and forces by sea, 
 and not otherwise. Provided nevertheless, that 
 all disorders and misdemeanors committed on shore 
 by any captain, commander, lieutenant, master, offi- 
 cer, seaman, soldier, or any other person whatso- 
 ever, belonging to any of our ships of war, or other 
 vessels acting by immediate commission, or warrant 
 from our high admiral of England, under the seal of 
 our admiralty, or from our commissioners for execut- 
 ing the office of high admiral of England, for the time 
 being, may be tried and punished according to the laws 
 and place where any such disorders, offences and mis- 
 demeanors, shall be committed on shore, notwith- 
 standing such offender be in our actual service and in 
 our pay on board any such our ships of war or otiier 
 vessels, acting by immediate commission or warrant 
 
 ' from 
 
Of NEW-JERSEY. 
 
 ^ from our high admiral, or from our commissioners 
 ' for executing the office of high admiral for the time 
 ' being as aforesaid, so as he shall not receive any pro- 
 
 * tection for the delaying of justice, for su(,'h offences 
 ' committed on shore, from any pretence of his being 
 ' employed in our service at sea. Our will and plea- 
 ' snre is, that all publick money raised, or that shall be 
 ' raised, by any act hereafter to be made within our said 
 ' province, and issued out by warrant from you, by and 
 
 * with the advice and consent of our council, and dis- 
 ' posed of by you for the support of the government, 
 ' and otherwise ; we do hereby give you the said lord 
 'Cornbury, full power and authority, to order and ap- 
 ' point fairs, marts, and markets, as also such and so 
 ^ many ports, harbours, quays, havens, and other places 
 ' for the conveniency and security of shipping, and for 
 ' the loading and unloading of goods and merchandize, 
 
 * as by you, with the advice and consent of our said 
 
 ■ council, shall be thought fit and necessary. And we 
 
 ■ do hereby require and command of all officers and magi- 
 ' strates, civil and military, and all other the inhabitants 
 ' of our said province, to be obedient, aiding and assist- 
 ing unto you the said lord Cornbury, in the execution 
 of this our commission, and of the powers and 
 authorities herein contained ; and in case of your death 
 or absence out of our said province, to be obedient, 
 aiding and assisting to such person as shall be appointed 
 by us, to be our lieutenant governor or commander 
 in chief of the said province, to whom we do there- 
 fore by these presents, give and grant all and singu- 
 lar the privileges and authorities aforesaid, to be by 
 him executed and enjoyed during our pleasure, or until 
 your arrival within our said province: And if upon 
 your death or absence out of our said province, there 
 be no person upon the place commissionated or ap- 
 pointed by us "to be our lieutenant governor, or com- 
 mander in chief of the said province ; our will and 
 pleasure is, that the then present council of our said 
 province, do take upon them the administration of the 
 government, and execute this commission, and the 
 
 ' several 
 
230 
 
 The history 
 
 A. B. 
 
 1702. 
 
 several powers and authorities herein contained, and 
 that such councellor who shall be at the time of your 
 death or absence, residing within our said province, 
 and nominated by our instructions to you, before any 
 other at that time residing there, do preside in our said 
 council, with such privileges and preheminences as may 
 be necessary in those circumstances, for the due and 
 orderly carrying on the publick service in the admi- 
 nistration of tiie government as aforesaid, until our 
 pleasure be further known, or until your return. 
 Lastly, we do hereby declare, ordain and appoint, 
 that you the said lord Cornbury, shall and may hold,, 
 execute and enjoy the office and place of captain 
 general and governor in chief, in and over our pro- 
 vince of Nova-Cicsaria, or JSiew-Jersey,. together 
 with all and singular the powers and authorities hereby 
 granted unto you, for and during our will and plea- 
 sure, from and after the publication of this our com- 
 mission. In witness whereof we have caused these 
 our letters to be made patents :. Witness ourself at 
 Westminster, the fifth day of December,, in. the first 
 year of our reign. 
 
 CHAP. XIII. 
 
 Instructions from Queen Anne to Lord Cornbury.. 
 
 Lord Corn 
 bury's in- 
 Btructions. 
 
 * Insteuctions for our right trusty and well beloved' 
 
 * Edward lord Cornbury,, our captain general and 
 ' governor in chief, in and over our province of 
 
 * Nova-Csesaria, or New-Jersey, in America.. Given 
 ' at our court at St. James's,, the sixteenth day of 
 
 * November, 1702, in* the firSt year of our reign. 
 
 I T H these our instructions you will receive 
 our commission under our great seal of 
 
 * England, constituting you our captain general and go- 
 
 * vernor in chief of our province of New-Jersey. 
 
 '2. You 
 
Of new- jersey. 
 
 231 
 
 ' 2. You are with all convenient speed to repair to 
 
 * our said province, and being there arrived, you are 
 ' to take upon you the execution of the place and trust 
 *we have reposed in you, and forthwith to call together 
 'the following persons, whoin we do by these presents 
 ' appoint and constitute members of our council in 
 ' and for that province, viz. Edward Hunloke, Lewis 
 ' Morris, Andrew Bowne, Samuel Jenings, Thomas 
 
 * Revell, Francis Davenport, William Pinhorne, Sa- 
 ' muel Leonard, George Deacon, Samuel Walker, 
 ' Daniel Leeds, William Sandford, and Robert 
 ' Quarry esquires. 
 
 . 3. And you are with all due solemnity, to cause 
 ' our said commission under our great seal of England, 
 ' constituting you our captain general and governor 
 ' in chief as aforesaid, to be read and published at 
 ' the said meeting of our council, and to cause pro- 
 
 * clamation to be made in the several most publick 
 
 * places of our said province, of your being constituted 
 
 * by us our captain general and governor in chief as 
 
 * aforesaid. 
 
 ' 4. Which being done, you shall yourself take, and 
 
 * also administer to each of the members of our said 
 ' council so appointed by us, the oaths appointed by act 
 ' of parliament to be taken instead of the oaths of alle- 
 
 * giance and supremacy, and the oath mentioned in 
 'an act, entitled. An act to deelare the alteration in the 
 
 * oath appointed to he taken by the act, entitled. An act 
 'for the furtJier security of his majesty's person, and the ' 
 ' succession of the crown in the protestant line, and. for 
 
 * extinguishing the hopes of the pretended prince of 
 ' Wales, and all other pretenders, and their open and secret 
 ' abettors, and for declaring the association to be deter~ 
 ' mined; as also the test mentioned, in an act of par- 
 
 ' liameut 
 
 t. Quarry was said to be of the council for five governments at 
 one time, viz. New-York, New-Jersey, Pennsylvania, Mnryland, 
 and Virginia; he dieci about ihe year 1712. Beverly in hisliistory 
 of Virginia, p. 92, 96, 97, represents him as joining with Iv'ichol- 
 son, the then governor of that colony, in unfavourable represen- 
 tations against the colonies. 
 
232 
 
 The history 
 
 A. D. ' liament made in the twenty fifth year of the reign of 
 
 T7AO J J O 
 
 i/u^ < king; Charles the second, entitled, An act for pre- 
 ' venting dangers which may happen from popish recu- 
 ^ sants ; together with an oath for the due execution of 
 ' your and their ])laces and trusts, as well with regard 
 ' to the equal and impartial administration of justice 
 
 * in all causes that shall conle before you, as otherwise, 
 
 * and likewise the oath required to be taken by gover- 
 
 * nors of plantations, to do their utmost, that the laws 
 
 * relating to the plantations be observed, ^ 
 
 ' 5. You are forthwith to communicate unto our said 
 'council, such and so many of these our instructions, • 
 
 * wherein their advice and consent are mentioned to be 
 
 * requisite, as likewise all su{!h otliers from time to 
 ' time, as you shall find convenient for our service to 
 
 * be imparted to them, 
 
 * 6. And whereas the inhabitants of our said pro- 
 Wince have of late years been unhappily divided, and 
 
 * by their enmity to each other, our service and their 
 ' own welfare has been very much obstructed ; you are 
 'therefore in the execution of our commission, to 
 
 * avoid the engaging yourself in the parties which have 
 ' been form'd amongst them, and to use such impartia- 
 ' lity and moderation to all, as may best conduce to our 
 
 * service, and the good of the colony. 
 
 '7. You are to permit the members of our said 
 ' council, to have and enjoy freedom of debate and 
 
 * vote, in all affairs of publick concern, that may be 
 
 * debated in council. 
 
 ' 8. And altho' by our commission aforesaid, we 
 ' have thought fit to direct that any three of our coun- 
 ' cellors make a quorum, it is nevertheless our will 
 ' and pleasure, that you do not act with a quorum of 
 ' less than five members, except in case of necessity. 
 
 ' 9. And that we may be always informed of the 
 ' names and characters of jiersons fit to supply the va- 
 
 * cancies which shall happen , in our said council, you 
 ' are to transmit unto us, by one of our principal secre- 
 ' tary's of state, and to our commissioners for trade and 
 ' plantations, with all convenient speed, the names and 
 
 ' characters 
 
Op new-jersey. 
 
 ' characters of six persons, inhabitants of the eastern 
 ' division, and six otiier persons inhabitants of the 
 
 * western division of our said province, whom you shall 
 ' esteem the best qualitied for that trust ; and so from 
 ' time to time when any of them shall die, depart out 
 ' of our said province, or become otherwise untit, you 
 ' are to nominate unto us so many other persons in 
 ' their stead, that the list of twelve persons fit to supply 
 ' the said vacancies, viz. six out of the east, and six out 
 ' of the west division, as aforesaid, may be always 
 ' compleat. 
 
 ' 10. You are from time to time to send to us as 
 ' aforesaid, and to our commissioners for trade and 
 ' plantations, the names and qualities of any members 
 ' by you put into our said council, by the first conve- 
 
 * niency after your so doing. 
 
 ^11. And in the choice and nomination of the 
 ' members of our said council, as also of the principal 
 ' officers, judges, assistants, justices and sheriffs, you 
 ' are always to take care that they be men of good 
 
 * life, and well alfected to our government, of good 
 ' estates and abilities, and not necessitous people or 
 ' much in debt. 
 
 ' 12. You are neither to augment nor diminish the 
 
 * number of our said council, as it is hereby established, 
 ^ nor to suspend any of the present members thereof 
 
 without good and sufficient cause : And in case of 
 ' suspension of any of them, you are to cause your 
 ' reasons for so doing, together with the charges and 
 ' proofs against the said persons, and their answers 
 
 * thereunto (unless you have some extraordinary reason 
 
 * to the contrary) to be duly entered upon the council 
 ' books ; and you are forthwith to transmit the same, 
 ' together with your reasons for not entering them 
 ' upon the council books, (in case you do not enter 
 ' them) unto us and to our commissioners for trade and 
 ' plantations as aforesaid. 
 
 ' 13. You are to signify our pleasure unto the mem- 
 
 * bers of our said council, that if any of them shall at 
 *any time hereafter absent themselves, and continue 
 
 * absent 
 
234 
 
 The HISTOKY 
 
 A. D. * absent above the space of two months toe-ether from 
 • * our said province without leave from you, or from our 
 ^ governor or commander in chief of our said province, 
 
 * for the time being, first obtained ; or shall remain 
 
 * absent for the space of two years, or the greater part 
 
 * thereof successively, without our leave given them 
 
 * under our royal sign manual ; their place or places in 
 
 * our said council, shall immediately thereupon become 
 ' void, and that we will forthwith appoint others in 
 
 * their stead. 
 
 * 14. And in order to the better consolidating and 
 
 * incorporating the two divisions of East and West 
 ' New-Jersey, into and under one government, our will 
 
 * and pleasure is, that with all convenient speed, you call 
 
 * together one general assembly for the enacting of laws 
 
 * for the joint and mutual good of the whole ; and that 
 
 * the said general assembly do sit in the first place at 
 
 * Perth-Am boy, in East New- Jersey, and afterwards 
 
 * the same, or other the next general assembly, at Bur- 
 Mington, in West New- Jersey; and that all future 
 
 * general assemblies do set at one or the other of those 
 ' places alternately, or (in cases of extraordinary neces- 
 
 * sity) according as you with the advice of our foresaid 
 
 * council, shall think to appoint them. 
 
 ' 15. And our further will and pleasure is, that the 
 
 * general assembly so to be called, do consist of four and 
 
 * twenty representatives, who are to be chosen in the 
 ' manner following, viz. two by the inhabitants house- 
 ' holders of the city or town of Perth-Amboy, in East 
 
 * New- Jersey ; two by the inhabitants householders of 
 
 * the city and town of Burlington in West New-Jersey ; 
 
 * ten by the freeholders of East New-Jersey, and ten 
 
 * by the freeholders of West New- Jersey ; and that na 
 
 * person shall be capable of being elected a representa- 
 
 * tive by the freeholders of either division, or after- 
 
 * wards of sitting in general assemblies, who shall not 
 
 * have one thousand acres of land, of an estate of 
 ' freehold, in his own right, within the division for 
 
 * which he shall be chosen ; and that no freeholder shall 
 
 * be capable of voting in the election of such represen- 
 
 ' tative 
 
Of NEW-JERSEY. 
 
 235 
 
 ' tative, who shall not have one hundred acres of land A. D. 
 ' of an estate of freehold in his own rightj. within the ^^02u 
 '■ division for which he shall so vote : And that this 
 ' number of representatives shall not be enlarged or 
 ' diminished, or the manner of electing them altered,, 
 
 * otherwise than by and act or acts of the general assem- 
 ' bly there, and confirmed by the approbation of us,. 
 
 * our heirs and successors.^- 
 
 '16. You 
 
 n. This clause was soon altered as follows: 
 ' Anne K. 
 
 'Additional instructions to our ri^ht trusty and well beloved Edward 
 'lord Cornbury, our captain general and governor in cliief, in 
 'and over our province of Nova-Csesarin, or New-Jersey, in 
 'America: Given at our court of St. James's, tlie' third of May 
 ' 1705, in the fourth year of our reign. 
 
 'Whereas by a clause in our general instructions to you, for 
 'the government of our province of New-Jersey, the repre^enta- 
 'tivesforthe gerieral assembly of lhat province are appointed to. 
 'be chosen as follows, viz. two by the inhabitants house holders- 
 'of the city or town of Penh-Amboy, in Ea-'t New- Jersey; two 
 'by the inhabitants house holders of tiie city and towu of Burlington, 
 'in West New-Jersey ; ten by the freeholders of East New-Jersey,, 
 'and ten by the freeholders of West New-Jersey: And it having 
 'been represented to us by you our governor, tliMt several inconveni- 
 'encies have arisen from the aforesaid manner of chusing repre.seiita- 
 ' lives; it is our will and pleasure, and you are accordingly to make 
 'the same known in the most publick manner, that the meiliod for 
 'chusing re{)resentatives for the future be as follows, viz two by 
 'the inhabitants house holders of tiie city or town of Perih-Amboy, 
 'in East New- Jersey, and two by the freeholdf^rs of eadi ol the 
 'five counties of the said division of East New- Jersey ; two by the 
 'inhabitants housholders for the city or town of Burlington, in 
 ' West New-Jersey ; two by the inhabitants householders of the town 
 'of Salem, in the said division, and two by the freeholders of each 
 'of the four counties in the said division of West New-Jerst-y; 
 ' which persons so to be chosen make up together tiie number of 
 'twenty four representatives, as limited by our former in~truciions. 
 
 'And it is our further will and pleasure, that no |)erson shall be 
 'capable of being elected a representative by the freeholders of 
 'eiiher division as aforesaid, or afterwards of sittinif in genera,! 
 'assemblie.s, who shall not have one thousand acres of land- of an 
 ' estate of freehold in his own right, within the division for whiclx 
 'he shall be chosen, or personal estate in money, goods or chattels, 
 ' to the value of five hundred pounds sterling; and all inhnbitanta 
 'of our said province being so qualified as aforesaid, are hereby de- 
 ' Glared ca-pable of being elected accordingly : And it is likewise our 
 
 ' pleasure 
 
 9 
 
236 
 
 The hist O R Y 
 
 A. D. ' 16. You are with all convenient speed to cause a 
 1702, 'collection to be made of all the laws, orders, rules, 
 ' or such as have hitherto served or been reputed as laws 
 ' amongst the inhabitants of our said province of Nova- 
 ' Csesaria, or New-Jersey, and, together with our afore- 
 ' said council and assembly, you are to revise, correct, 
 ^ and amend the same, as may be necessary ; and accord- 
 ^ ingly to enact such and so many of them, as by you 
 with the advice of our said council and assembly, shall 
 
 * be judged proper and conducive to our service, and 
 ' the welfare of our said ])rovince, that they may be 
 
 * transmitted unto us, in authentic form, for our appro- 
 bation or disallowance, 
 
 '17. You are to observe in the passing of the said 
 Maws, and of all other laws, that the stile enacting the 
 ' same, be by the governor, council and assembly, and 
 
 * no other. 
 
 '18. You are also as much as possible to observe, in 
 the passing of all laws, that whatever may be requisite 
 
 ' upon 
 
 'pleasure, that no freeholder shall be capable of voting in the 
 'election of such representatives, who shall not have one hundred 
 'acres of land of an estate of freehold in his own right, within 
 'the county for which he shall so vote, or a personal estate in 
 'money, goods or chattels, to the value of fifty pounds sterling; 
 'and all freehohlers in our said province being so qualified as afore- 
 'said, are hereby declared capible of voting in the election of 
 'representatives; which number of representatives shall not be 
 'enlarged or diminished, or the raatmer of electing them thereby 
 
 * directed, altere<l there, otherwise than by an act or acts of the 
 'general assembly, to be confirmed by the approbation of us, our 
 'heirs and successors. And whereas it may be inconvenient, that 
 'the governor and lieutenant governor of our said {)rovin<'e of New- 
 ' Jersey, for both of them to be absent from thence at the same 
 'time; it is our will and pleasure, that as soon as thegenenil assem- 
 'ble of our said province shall have provided a house, ai;d our 
 'lieutenant governor with a convenient room for the meeting of 
 'our council, and settled convenient salaries, which you are in our 
 'name to press them to do, that^ either you or our lieutenant 
 'governor, do constantly reside in our said province, and that yon 
 'be not both absent at the same time: It is likewise our will and 
 'pleasure, that no fees be exacted or taken by aav of the officers 
 'under you, for the grants of lands made by the agents ol the 
 'proprietors; and the said agents are to deliver to yon in council, 
 ' duplicates of all such grants to be registered in our council books. 
 
Op NEW-JERSEY. 
 
 * upon each different matter, be accordingly provided 
 ^ for by a different law, without intermixing in one 
 
 * and the same act, such things as have no proper rela- 
 ' tion to each other ; and you are especially to take care 
 ' that no clause or clauses be inserted in, or annexed tO' 
 ' any act, whic^h shall be foreign to what the title of 
 
 such respective act imports.. 
 
 '19. You are to transmit authentic copies of the 
 Aforementioned laws that shall be enacted, and of all 
 ' laws, statutes, and ordinances, which shall at any time 
 ' hereafter be made or enacted within oiir said province, 
 ' each of them separately, under the publick seal, 
 ' unto us, and to our said commissioners for trade and 
 ' ])lantations, within three months or by the first oppor- 
 ' tunity after their being enacted, together with dupli- 
 ' cates thereof by the next conveyance, upon j)ain of 
 ' our high displeasure, and of the forfeiture of that 
 'year's salary, wherein you shall at any time, or upon 
 ' any i)retence whatsoever, omit to send over the said 
 ' laws, statutes and ordinances as aforesaid, within the 
 'time above limitefl, as also of such other penalty as 
 'we siiall please to inflict. B-ut if it shall happen, that 
 ' during time of war,, no shipping shall come from our 
 ' said province, or other our adjacent or neighbouring 
 ' plantations, within three months after ti.e making 
 ' such laws, statutes, and ordinances, whereby the same 
 ' may be transmitted as aforesaid, then the saitl lawSj 
 ' statutes and ordinances are to be so transmitted as 
 'aforesaid, by the next conveyance after the making 
 ' thereof whenever it may ha})pen, for our aj)[)robatiou 
 'or disallowance of the same. 
 
 ' 20. You are to take care, that in all acts or orders 
 ' to be passed within that our province in any case for 
 ' levying money or imposing fines and penalties, ex- 
 ' press mention be made that the same is granted or 
 ' reserved to us, our heirs or successors, for th(i publick 
 ' uses of that our province, and the suppc rt of the- 
 'government thereof, as by the said act or oiders shall 
 ' be directed. 
 
 * 21. And 
 
The history 
 
 ' 21. And we do particularly require and command, 
 ' tliat no money, or value of money whatsoever, be 
 
 * given or granted by any act or order of assembly, to 
 
 * any governor, lieutenant governor, or commander 
 ' in chief of our said province, which shall not accord- 
 
 * ing to the stile of acts of parliament in England, be 
 ' mentioned to be given and granted unto us, with the 
 ' humble desire of such assembly, that the same be 
 ' applied to the use and behoof of such governor, lieu- 
 ' tenant governor, or commander in chief, if we shall 
 ' so think fit:; or if we shall not approve of such gift or 
 ' ap})lication, that the said money or value of money, 
 ' be then disposed of and appropriated to such other 
 
 * uses as in the said act or order shall be mentioned ; and 
 ' that from the time the same shall be raised, it remain 
 ' in the hands of the receiver of our said province until 
 
 * our royal pleasure shall be known therehi. 
 
 ' 22. You shall also propose with the said general 
 'assembly, and use your utmost endeavours with them, 
 
 * that an act be passed for raising and settling a publick 
 'revenue for defraying the necessary charge of 'the 
 'government of our said province, in which provision 
 ' be particularly made for a competent salary to your- 
 ' self, as captain general and governor in chief of our 
 ' said province, and to other our succeeding captain 
 ' generals, for supporting the dignity of the said office, 
 ' as likewise due provision for the salaries of the respec- 
 ' tive members of our council and assembly, and of 
 'all other officers necessary for the administration of 
 ' that government. 
 
 ' 23. Whereas it is not reasonable that any of our 
 ' colonies or plantations should by virtue of any exerap- 
 ' tions or other privileges whatsoever, be allowed to 
 ' seek and pursue their own parti(;ular advantages, by 
 ' methods tending to undermine and prejudice our 
 ' otlier colonies and plantations, which have equal title 
 ' to our royal care ; and whereas the trade and welfare 
 ' of our province of New- York, would be greatly 
 ' prejudimi, if not entirely ruined, by allowing unto 
 •' the inhabitants of Nova-Cffisaria, or New- Jersey, 
 
 ' any 
 
Op NEW-JERSEY. 
 
 •'any exemption from those charges, which the inha- 
 * bitants of New- York are liable to ; you are therefore 
 'in the settling of a public revenue as before directed, 
 *to propose to the assembly, that such customs, duties 
 'and other impositions be laid ujjon all commodities 
 ' imported or exported in or out of our said province 
 'of Nova-Csesaria, or New Jersey, as may equal the 
 ' charge that is or shall be laid upon the like commo- 
 dities in our province of New- York. 
 
 ' 24. And whereas we are willing in the best manner 
 ' to ])rovide for the support of the government of our 
 'said province, by setting apart sufficient allowances to 
 ' such as shall be our governor or commander in chief, 
 ' residing for the time being within the same ; our will 
 'and pleasure therefore is, that when it shall happen, 
 ' that you shall be absent from the territories of New- 
 ' Jersey and New- York, of which we have appointed 
 ' you governor, one full moiety of the salary and of all 
 'perquisites and emoluments whatsoever, which would 
 'otherwise become due unto you, shall, during the 
 'time of your absence from the said territories, be paid 
 'and satisfied unto such governor or commander in 
 'chief who shall be resident upon the place for the 
 ' time being, which we do hereby order and allot unto 
 'him towards his maintenance, and for the better sup- 
 ' port of the dignity of that our government. 
 
 ' 25. Whereas great prejudice may happen to our 
 'service and the security of our said province under 
 'your government by your absence from those parts, 
 ' without a sufficient cause and especial leave from us ; 
 ' for prevention thereof, you are not upop any pretence 
 'whatsoever, to come to Europe from your goverii- 
 ' raent, without first having obtained leave for so 
 'doing, under our signet and sign manual, or by our 
 ' order in our privy council. 
 
 ' 26. You are not to permit any clause whatsoever to 
 ' be inserted in any law for the levying money, or the 
 ' vaJue of money, whereby the same shall not be made 
 'liable to be accounted for unto us here in England, 
 'and to our high treasurer, or to our commissioners of 
 ' our treasury for the time being. ' 27. You 
 
240 
 
 The history 
 
 A. D. ' 27. You are to take care that fair books of accounts 
 1702. < peceip^ ^nd payments of all such money be 
 
 ' duly kept, and the truth thereof attested upon oath, 
 ' and that the said books be transmitted every half year 
 ' or oftner, to our high treasurer, or to our commis- 
 ' sioners of our treasure for the time being, and to our 
 ' commissioners for trade and plantations, and duplicates 
 ' thereof by the next conveyance ; in which books shall 
 ' be specified every particular sum raised or disposed of, 
 ' together with the names of the persons to whom any 
 ' payment shall be made, to the end we may be satis- 
 
 * fied of the right and due application of the revenue of 
 
 * our said province. 
 
 ' 28. You are not to suffer any publick money what- 
 ' soever, to be issued or disposed of otherwise than by 
 
 * warrant under your hand, by and with the advnce 
 ' and consent of our said council ; but the assembly 
 ' may be nevertheless permitted from time to time to 
 ' view and examine the accounts of money, or value 
 ' of money disposed of by virtue of laws made by 
 ' them, which you are to signify unto them as there 
 
 * shall be occasion. 
 
 29. And it is our express will and pleasure, that 
 ' no law for raising any imposition of wines or other 
 ^ strong liquors, be made to continue for less than one 
 ' whole year ; as also that all laws whatsoever for the 
 ' good government and support of our said province, 
 'be made indefinite, and without limitation of time, 
 ' except the same be for a temporary end, which shall 
 ' expire and have its full effect within a certain time. 
 
 ' 30. And therefore you shall not re-enact any law 
 ' which shall have been once enacted there by you, 
 
 * except upon very urgent oc;casions, but in no case 
 ' more than once without our express consent. 
 
 ' 31. You shall not permit any act or order to ])ass 
 
 * in our said province, whereby the price or value of the 
 ' current coin within your government, (whether it be 
 
 * foreign or belonging to our dominions) may be 
 ' altered, without our particular leave or direction for 
 
 * the same. 
 
 '32. And 
 
Of new-jersey. 
 
 ' 32. And you are particularly not to pass any law 
 or do any act, by grant, settlement, or otherwise, 
 whereby our revenue, after it shall be settled, may be 
 lessened or impaired, without our especial leave or 
 commands therein. 
 
 ' 33. Yoa shall not remit any fines or forfeitures 
 whatsoever, above the sum of ten pounds, nor dis- 
 pose of any escheats, fines or forfeitures whatsoever, 
 until, upon signifying unto our high treasurer, or to 
 our commissioners of our treasury for the time being, 
 and to our commissioners for trade and plantations, 
 the nature of the offence and the occasion of such 
 tines, forfeitures, or escheats, with the purticidar 
 sums or value thereof, (which you are to do with all 
 speed) you shall have received our directions therein ; 
 but you may in the mean time suspend the payment 
 of the said fines and forfeitures. 
 
 '31. You are to ret) u ire the secretary of our said 
 province, or his dei)uty for the time being, to furnish 
 you with transcrij)ts of all such acts and j)ub!ick 
 orders as shall be made from time to time, together 
 with a copy of the journals of the council, to the end 
 the same may be transmitted unto us, and to our com- 
 missioners for trade and plantations as above directed, 
 which he is duly to |)erform, upon pain of incurring 
 the forfeiture of his place. 
 
 ' 3;"). You are also to require from the clerk of the 
 assembly, or other j)roj)er officer, transcri])ts of all 
 the journals and other proceedings of the said assem- 
 bly, to the end the same may in like manner be trans- 
 mitted as aforesaid. 
 
 ' 36. Our will and pleasure is, that for the better 
 quieting the minds of our good subjects, inhabitants 
 of our said province, and for settling the properties 
 and j)ossessions of all persons concerned therein, either 
 as general pr()j)rietors of the soil under the first origi- 
 nal grant of the said province, made by the late king 
 Charles the second, to the late duke of York, or as 
 particular purchasers of any parcels of land from the 
 said general proprietors, you shall propose to the 
 
 Q ' general 
 
The history 
 
 ' general assembly of our said province, the passing of 
 
 * such act or acts, whereby tiie right and property of 
 ' the said general proprietors, to the soil of our said 
 
 * province, may be confirmed to them, according to 
 
 ' their respective rights and title ; together with all such- 
 
 * quit-rents as have been reserved, or are or shall 
 ' become due to the said general proprietors, from the 
 ^ inhabitants of our said province; and all such privi- 
 
 * leges as are express'd in the conveyances made by the 
 ^ said dnke of York, excepting only the right of 
 
 * government, wdii(ih remains in us : And you are 
 
 * further to take care, that by the said act or acts so to 
 
 * be passed, the particular titles and estates of all the 
 ^ inhabitants of that province, and other purchasers 
 
 * claiming under the said general proprietors, be con- 
 
 * firmed and settled as of right do§s a})pertain, under 
 
 * such obligations as shall tend to the best and sj^eedicst 
 
 * improvement or cultivation of the same. Provided 
 
 * ALWAYS, that you do not consent to any act or acts, 
 
 * to lay any tax upon lands that lie unprofitable. 
 
 ' 37. You shall not permit any other person or 
 'persons besides the said general proprietors, or their 
 
 * agents, to purchase any land whatsoever from the 
 
 * Indians within the limits of their grant. 
 
 ' 38. You are to permit the surveyors and other persons 
 
 * appointed by the forementioned general proprietors of 
 
 * the soil of that province, for surveying and recording 
 ' the surveys of land granted by and held of them, to 
 
 * execute accordingly their respective trusts : And you 
 
 * are likewise to permit, and if need be, aid and assist 
 
 * such other agent or agents, as shall be appointed by 
 *the said proprietors for that end, to collect and receive 
 
 * the quit-rents which are or shall be due unto them, 
 
 * from the particular possessors of any parcels or tracts 
 
 * of land from time to time. Phovided always, 
 
 * that such surveyors, agents or other officers appointed 
 
 * by the said general proprietors, do not only take 
 
 * proper oaths for the due execution and performance 
 ' of .their respective offices or employments, and give 
 
 * good and sufficient security for their so doing, but that 
 
 ' they 
 
Of NEW-JEESEY. 
 
 * they likewise take the oaths appointed by act of par- 
 
 * liament to be taken instead of the oaths of allegiance 
 
 * and supremacy, and the oath mentioned in the afore- 
 ^ said act, entitled, An act to declare the alteration in the 
 ' oath appointed to be taken by the act, entitled, An act 
 'for the further security of his majesty's person and the 
 ' succession of the crown in the protestant line, and for 
 ' extinguishing the hopes of the pretended prince of Wales, 
 ' and all other pretenders, and their open and secret 
 ^ abettors, and for declaring the association to be deter- 
 
 mined ; as also the foreraentioned test. And you are 
 
 * more particularly to take care that all lands purchased 
 ' from the said proprietors, be cultivated and improved 
 ' by the possessors thereof. 
 
 ' 39. You shall transmit unto us, and to our com- 
 
 * niissioners for trade and plantations, by the first oppor- 
 tianity, a map with the exact description of our whole 
 
 ^ territory under your government, and of the several 
 plantations that are upon it. 
 
 40. You are likewise to send a list of officers 
 employed under your government, together with all 
 ^ publick charges. 
 
 ' 41. You shall not displace any of the judges, 
 ■'justices, sheriffs, or other officers or ministers within 
 ' our said province, without good and sufficient cauvse to 
 
 * be signified unto us, and to our said commissioners for 
 
 * trade and plantations ; and to prevent arbitrary remo- 
 ' val of judges and justices of the peace, you shall not 
 'express any limitation .of time in the commissions 
 ' which you are to grant, with the advice and consent 
 ' of the council of our said province, to persons fit for 
 ' those employments, nor shall you execute yoxirself, 
 
 * or by deputy, any of the said offices, nor suffer any 
 '' persons to execute more offices than one by deputy. 
 
 ^ 42. Whereas we are given to understand, that 
 ' there are several offices within our said" province 
 
 * granted under the great seal of England, and that our 
 ' service may be very much prejudiced by reason of the 
 ^ absence of the patentees, and by their appointing 
 
 * deputies not fit to officiate in their stead ; you are 
 
 ' therefore 
 
244 
 
 The history 
 
 A. D. ' therefore to inspect the said offices, and to inquire into 
 • Hhe capacity and behaviour of the persons now exer- 
 ' cising them, and to report thereupon to us, and to 
 'our commissioners, for trade and plantations, what 
 'you think fit to be done or altered in relation tliere- 
 'unto; and you are upon the misbehaviour of any of 
 ' the said pntentees, or their deputies, to suspend them 
 'from the execution of their ])]aces, till you shall have 
 ' represented the whole matter and received our directi- 
 ' ons therein ; but you shall not by colour of any power 
 ' or authority hereby or otherwise granted or mentioned 
 ' to be granted unto you, take U])on you to give, grant 
 'or dispose of any office or place within our said pro- 
 ' vince, which now is or shall be granted under the 
 ' great seal of England, any further than that you may 
 ' upon the vacancy of any such office or ])lace, or sus- 
 ' pension of any such officer by you as aforesaid, put 
 'in any fit person to officiate in the interval till you 
 'shall have represented the matter unto us, and to our 
 ' commissioners for trade and plantations as aforesaid, 
 '(which you are to do by the first o]>porfcuiiity) and 
 'till the said office or place be disposed of by us, our 
 ' heirs or successors, under the great seal of England, 
 ' or that our further directions be given therein. 
 
 ' 43. In case any goods, money, or other estate of 
 'pirates, or piratically taken, shall be brought in, or 
 ' found within our said province of Nova-Csesaria, or 
 ' New-Jersey, or taken on board any ships or vessels, 
 ' you are to cause the same to be seized and secured 
 ' until you shall have given us an account thereof, and 
 'received our pleasure concerning the disposal of the 
 ' same : But in case such goods or any part of them are 
 ' perishable, the same shall be publickly sold and dis- 
 ' posed of, and the produce thereof in like manner 
 ' secured until our further order. 
 
 ' 44. And whereas commissions have been granted 
 ' unto several persons in our respective plantations in 
 America, for the trying of pirates in those parts pur- 
 ' suant to the act for the more effectual suppression of 
 ' piracy, and by a commission already sent to our pro- 
 
 ' vince 
 
Op new- jersey. 
 
 * vince of New- York, you (as captain general and 
 'governor in chief of our said province of New- York) 
 ' are emi)owered, together with others therein menti- 
 ' oned, to proceed accordingly in reference to our ]>ro- 
 
 * viiices of New- York, New Jersey, and Connecticut; 
 
 * our will and pleasure is, that in all matters relating 
 ' to pirates, you govern yourself according to the 
 
 * intent of the act and commission aforementioned ; but 
 
 * whereas accessaries in cases of piracy beyond the seas, 
 ' are by the same act left to be tried in England, 
 
 * according to the statute of the second of king Henry 
 
 * the eighth, we do hereby further direct and require 
 ' you to send all such accessaries in cases of piracy in 
 ' our aforesaid province of Nova-Csesaria or New- 
 ' Jersey, with the proper evidences that you may have 
 ' against them, into England, in order to their being 
 
 * tried here. 
 
 ' 45. You shall not erect any court or office of judi- 
 ^ cature, not before erected or established, without our 
 ' especial order. 
 
 ' 46. You are to transmit unto us and to our com- 
 ' missioners for trade and plantations, with all conve- 
 ^ nient speed, a particular account of all establishments 
 ' of jurisdictions, courts, offices, and officers, powers, 
 ^ authorities, fees and privileges, which shall be 
 ^ granted or settled within the said province, by virtue 
 and in pursuance of our commission and instructions 
 
 * to you our captain general and governor in chief of 
 ' the same, to the end you may receive our further 
 ^ direcition therein. 
 
 ' 47. And you are with the advice and consent of 
 
 * our said council, to take especial care to regulate all 
 ' salaries and fees belonging to places, or paid upon 
 'emergencies, that they be within the bounds of mode- 
 ' ration, and that no ex3,ction be made on any occasion 
 ^ whatsoever ; as also, that tables of all fees be pub- 
 
 * lickly hung up in all places where such fees are to be 
 ' paid ; and you are to transmit copies of all such tables 
 ' of fees to us, and to our commissioners for trade and 
 ' plantations as aforesaid, 
 
 '48. Whereas 
 
The history 
 
 '48. Whereas it is necessary that our rights and 
 ' dues be preserved and recovered, and that speedy and 
 
 * etfectual justice be administered in all cases relating to 
 ' our revenue, you are to take care, that a court of 
 ' exchequer be called and do meet at all such times as 
 ' shall be needful, and you are to inform us and our 
 
 * commissioners for trade and plantations, whether our 
 
 * service may require that a constant court of exchequer 
 
 * be settled and established there. 
 
 ' 49. You are to take care that no man's life, mem- 
 ' ber, freehold, or goods be taken away or harmed in 
 ' our said province, otherwise than by established and 
 
 * known laws, not repugnant to, but as much as may 
 
 * be, agreeable to the laws of England. 
 
 ' 50. You shall administer, or cause to be admini- 
 ' stred, the oaths appointed by act of parliament to be 
 ' taken instead of the oaths of allegiance and supremacy, 
 ' and the oath mentioned in the aforesaid act, entitled,, 
 ' An act to declare the alteration in the oath appointed 
 ' to be taken by the act, entitled. An act for the further 
 
 * security of his majesty's person, and the succession of the 
 ' cr-own in the protestant line, and for extinguishing the 
 
 * hopes of the pretended prince of Wales, and all other 
 'pretenders, and their open and. secret abettors, and for 
 
 * declaring the association to be determined ; as also the- 
 ' forementioned test, to the members and officers of 
 
 the council and assembly, and to all judges, justices, 
 
 * and all other persons that hold any office or place of 
 
 * trust or profit in the said province, whether by virtue 
 ' of any patent under our great seal of England,, or 
 
 * otherwise, without which you are not tO' admit any 
 'person whatsoever into any publick office,, nor suffer 
 
 * those who have been admitted formerly to continue 
 ' therein. 
 
 '51. You are to permit a. liberty of conscience to 
 ' all persons (except papists) so they may be contented 
 
 * with a quiet and peaceable enjoyment of the same, 
 'not giving offence or scandal to the government. 
 
 ' 52. And whereas we have been, informed, that 
 
 * divers of our good subjects inhabiting those parts, 
 
 'do 
 
Or NEW-JERSEY. 
 
 247 
 
 ' do make a religious scruple of swearing, and bv reason A. D. 
 
 'of their refusing to take an oath in courts of justice 1702. 
 
 ' and other places, are or may be liable to many incon- 
 
 '■ veniencies ; our will and pleasure is, that in order to 
 
 ' tiieir ease in what they conceive to be matter of con- 
 
 ' science, so far as may be consistent with good order 
 
 ' and gON-ernment, you take care, that an act be passed 
 
 ' in the general assembly of our said province, to the 
 
 ' like effect as that passed here in the seventh and eighth 
 
 'years of his raajcsry's reign, entitled, An act, that 
 
 'the solemn ajfinnation and declaration of the people 
 
 'called. (Quakers, shfdl be accepted, instead of an oath in 
 
 ' the usual form, and tliat the same be transmitted to 
 
 ' us, and to our co nmissioners for trade and plantations 
 
 ' as before directed. 
 
 ' 53. And whereas we have been further informed, 
 ' that in the first settlement of the government of our 
 ' said province, it may so happen, that the number of 
 ' inhabitants fitly qualified to serve in our council in 
 
 * the general assembly, and in other places of trust or 
 ' profit there, will be but small ; it is therefore our will 
 ' and pleasure, that such of the said people called 
 
 * quakers, as shall be found capable of any of ' those 
 ' places or employments, and accordingly be elected or 
 'appointed to serve therein, may upon their taking 
 ' and signing the declaration of allegiance, to us in the 
 ' fi)rni used l)y the same people here in England, toge- 
 ' ther with a solemn declaration for true discharge of 
 ' their respective trusts, be admitted by you into any 
 ' of the said ])laces or employments. 
 
 ' 54. You shall send an account unto us, and to our 
 ' commissioners for trade and plantations, of the pre- 
 ' sent number of planters and inhabitants, men women 
 'and children, as well masters as servants, free and 
 ' unfree, and of the slaves in our said province, as 
 ' also a yearly account of the increase or decrease of 
 'them, and how many of them are fit to bear arms in 
 ' the militia of our said province. 
 
 ' 55. You shall also cause an account to be kept of 
 'all persons born, christened and buried, and you 
 
 ' shall 
 
248 
 
 The history 
 
 A. D. ' shall yearly send fair abstracts thereof to us, and to our 
 1702. ^ commissioners for trade and plantations as aforesaid. 
 
 ' 56. You siiall take care, that all planters and chri- 
 *stian servants, be well and fitly provided with arras, 
 ' and tliat they be listed under good officers, and when 
 'and as often as shall be thought fit, mustered and 
 'trained, whereby they may be in a better readiness 
 'for the defence of our said province under your 
 ' government ; and you are to endeavour to get an act 
 'pass'd, (if not already done) for apportioning .the 
 ' number of white servants to be kept by every planter. 
 
 ' 57. You are to take especial care, that neither the 
 ' frequency, nor unreasonableness of their marches, 
 ' musters and trainings, be an unnecessary impediment 
 ' to the affairs of the inhabitants. 
 
 ' 58. You shall not, upon any occasion whatsoever, 
 'establish, or put in execution, any articles of war, 
 ' or other law martial, upon any of our subjects, inha- 
 ' bitants of our said province, without the advice and 
 ' consent of our council there. 
 
 ' 59. And whereas there is no power given you by 
 ' your commission, to execute martial law in time of 
 ' peace upon soldiers in pay, and that nevertheless it 
 'may be necessary that some care be taken for the 
 ' keeping of good discipline amongst those, that we 
 
 • may at any time think fit to send into our said pro- 
 'vince, (which may properly be provided for by the 
 'legislative power of the same) you are therefore to 
 ' recommend to the general assembly of our said pro- 
 ' vince, that they prepare such act or law for the punish- 
 'ing of mutiny, desertion and false musters and for 
 'the better preserving of good discipline amongst the 
 ' said soldiers, as may best answer those ends. 
 
 ' 60. And whereas upon complaints that have been 
 
 * made of the irregular proceedings of the captains of 
 ' some of our ships of war, in the pressing of seamen 
 'in several of our plantations; we have thought fit to 
 ' order, and have given directions to our high admiral 
 'accordingly, that when any captain or conimander 
 ' of any of our ships of war, in any of our said plan- 
 
 ' tations 
 
Of NEW-JERSEY. 
 
 249 
 
 ' tations, shall have occasion for seamen, to serve on 
 
 * board our ships under their command, they do make 
 ' their applications to the governors, and commanders 
 
 * in chief of our plantations respectively, to whom 
 ' as vice admirals, we are pleased to commit the sole 
 ' power of impressing seamen in any of our plan- 
 ' tations in America, or in sight of any of them, you 
 ' are therefore hereby required upon such application 
 ' made to you, by any of the commanders of oar 
 ' said ships of war witliin our province of Nova-Cee- 
 ' saria, or New- Jersey, to take care that our said ships 
 ' of war, be furnished with a number of seamen that 
 ' may be necessary for our service on board them from 
 ' time to time. 
 
 '61. And whereas together with other powers of 
 ' vice admiralty, you will receive authority from our 
 
 * dearest husband prince George of Denmark, our 
 ' high admiral of England, and of our plantations, 
 ' upon the refusal or neglect of any captain or com- 
 
 * mander of any of our ships of war, to execute the 
 ' written orders he shall receive from you for our ser- 
 
 * vice, and the service of our province under your 
 ' government, or upon his negligent or undue execu- 
 
 * tion thereof, to suspend him, such ca})tain or com- 
 
 * mander from the exercise of his said office of captain 
 ' or commander, and to commit him into safe custody 
 ' either on board his own ship or elsewhere, at your 
 ' discretion, in order to his beiup; brou'^ht to answer for 
 'such refusal or neglect, by commission either under 
 ' our great seal of England, or from our high admiral, 
 
 * or our commissioners for executing the office of our 
 ' high admiral of England for the time being. 
 
 * 62. And whereas vou will likewise receive direc- 
 ' tions from our said dearest husband, as our high admi- 
 ' ral of England, and of our plantations, that the cap- 
 ' tain or commander, so by you suspended, shall during 
 'such his suspension and commitment, be succeeded in 
 'his said office by such commission or warrant officer 
 ' of our said shi}), appointed by our said high admiral 
 ' of England, or by our commissioners for executing 
 
 ' the 
 
250 
 
 The history 
 
 A. D, ' the office of our high admiral of England for the time 
 1702. ( being, as by the known practice and discipline of 
 'our navy, does and ought to succeed him next as in 
 *case of death, sickness, or other ordinary disability 
 ' happening to the commander of any of our ships of 
 ' war and not otherwise, you standing also accoimtable 
 ' for the truth and importance of the crime and mis- 
 ' demeanor, for which you shall so proceed to the sus- 
 
 * pending of such our captain or commander ; you are 
 ' not to exercise the said power of suspending any such 
 
 * captains or commanders of our ships of war, other- 
 ' wise than by virtue of such commission or authority 
 ' from our said high admiral ; any former custom or 
 
 * usage to the contrary notwithstanding. 
 
 ' 63. Whereas it is absolutely necessary, that we be 
 ' exactly informed of the state of defence of all our 
 ' plantations in America, as well in relation to the 
 ' stores of war that are in each plantation, as to the 
 [ forts and fortifications there, and what more may be 
 ' necessary to be built for the defence and security of 
 ' the same ; you are so soon as possible, to prepare an 
 
 * account thereof, with relation to our . said province 
 
 * of Nova-Csesaria, or New-Jersey, in the most par- 
 ' ticular manner, and you are therein to express the 
 'present state of the arms, ammunition, and other 
 ' stores of war, either in any publick magazines, or 
 ' in the hands of private persons, together with the 
 ' state of all places either already fortified, or that 
 ' you judge necessary to be fortified for the security of 
 
 * our said province ; and you are to transmit the said 
 ' account to us, and to our commissioners for trade 
 'and plantations by the first opportunity, and other 
 ' like accounts yearly in the same manner. 
 
 ' 64. And that we may be the better informed of 
 ' the trade of our said province, you are to take espe- 
 ' cial care, that due entries be made in all ports in our 
 ' said province of all goods and commodittes, their 
 ' species or quantities imported or exported from thence, 
 ' with the names, burden, and guns of all ships im- 
 ' porting and exporting the same, also the names of 
 
 * their 
 
Of NEW-JERSEY. 
 
 251 
 
 their commanders, and likewise expressing from and 
 to what places tlie said shi[)S do come and go, a copy 
 Avhereof the naval officer is to furnish you with, and 
 you are to transmit the same unto us, or our high trea- 
 surer, or our commissioners of our treasury for the 
 time being, and to our commissioners for trade and 
 plantations quarterly, and duplicates thereof by the 
 next conveyance. 
 
 ' 65. And whereas great losses, have been sustained 
 by our subjectts, trading to our plantations in America, 
 by ships sailing from those parts without covoy, or 
 without the company of other ships, which might 
 protect them fron> our enemies, by which means 
 n)any of them have been taken by the French in their 
 return to England ; to the end therefore the shi[)S of 
 our sulyects may be the better secitred in their return 
 home, vou are to take care that durino- this time of 
 war, no ships trading to our province of Nova-Cse- 
 saria, or New Jersey, be permitted to come from 
 thence to England, but in fleets,, or under the convoy 
 or protection of some of our ships of war, or at such 
 a time as you shall receive notice from hence, of their 
 meeting such convoys, as may be appointed for the 
 bringing them safe to some of our ports in this king- 
 dom : and in case of any danger, you are to expect 
 directions from hence,, what precautions shall be 
 further necessary for their security.^ 
 
 * 66. You are likewise to examine what rates and 
 duties are charged and payable upon any goods im- 
 ported or exported within our province of Nova- 
 Cffisaria, or New-Jersey, whether of the growth or 
 manufacture of the said province or otherwise, and 
 to use your best endeavours for the improvenieut of 
 the trade in those parts. 
 
 * 67. And whereas orders have been given for the 
 commissionating of fit persons to be officers of our 
 admiralty and ciietoms in our several plantations in 
 America; and it is of great importance to the trade 
 of this kingdom, and to the welfare of all our plan- 
 tations, that illegal trade be every where discouraged. 
 
 'You 
 
252 
 
 The HISTOEY 
 
 ' You are therefore to take especial care, that the acts 
 
 * of trade and navigation be duly put in execution ; 
 
 * and in order thereunto, you are to give constant pro- 
 
 * tection and all due encouragement to the said officers 
 ' of our admiralty and customs, in the execution of 
 ' their respective offices and trusts within our territories 
 
 * under your government. 
 
 ' 68. You are from time to time to give an account 
 'as before directed, what strength your bordering 
 ' neighbours have, be they Indians or others, by sea 
 
 * and land, and of the condition of their plantations, 
 'and what correspondence you do keep with them. 
 
 '69. You shall take especial care, that God Al- 
 
 * mighty be devoutly and duly served throughout your 
 ' government, the book of common prayer as by law 
 ' established, read each sunday, and holy-day, and the 
 ' blessed sacrament administered according to the rites 
 ' of the church of England. 
 
 ' 70. You shall be careful that the churches already 
 ' built there, be well and orderly kept, and that more 
 ' be built, as the colony shall by God's blessing be 
 ' improved ; and that besides a competent maintenance 
 'to be assigned to the minister of each orthodox church, 
 'a convenient house be built at the common charge 
 
 * for each minister, and a competent proportion of 
 
 * land assigned to him, for a glebe and exercise of his 
 ' industry. 
 
 '71. And you are to take care, that the parishes be 
 
 * so limited and settled, as you shall find most conve- 
 ' nient for the accomplishing this good work. 
 
 ' 72. You are not to prefer any minister to any eccle- 
 ' siastical benefice in that our province, without a cer- 
 ' tificate from the right reverend father in God the 
 ' lord bishop of London, of his being conformable to 
 'the doctrine and discipline of the church of England, 
 ' and of a good life and conversation : And if any 
 ' person already prefer'd to a benefice, shall appear to 
 
 * you to give scandal either by his doctrine or manners, 
 ' you are to use the best means for the removal of him, 
 
 * and to supply the vacancy in such manner as we have 
 'directed. '73. You 
 
Of new-jersey. 
 
 253 
 
 ' 73. Yon are to give order, that every orthodox 
 minister vvithin your government, be one of the 
 vestry in his respective parish, and that no vestry be 
 held without him, except in case of sickness, or that 
 after the notice of a vestry sumnion'd, he omit to 
 come. 
 
 ' 74. You are to enquire whether there be any mini- 
 ster within your government, who preaches and 
 administers the sacraments in any ortho(h)x church or 
 chapel, without being in due orders, and to give 
 account tliereof to the said lord bishop of London. 
 
 ' 75. And to the end the ecclesiastical jurisdiction of 
 the said lord bishop of London, may take place in 
 our said province so far as conveniently may be, we do 
 think fit that you give all countenance and encourage- 
 ment to the exercise of the same, excepting only the 
 collating to benefices, granting licences for marri- 
 ages, and prol)ate of wills, which we have reserved 
 to you our governor and the commander in chief of 
 our said province for the time being. 
 
 ' 76. And you are to take especial care, that a table 
 of marriages established by the cannons of the church 
 of England, be hung up in every orthodox church, 
 and duly observed, and you are to endeavour to get a 
 law passed in the assembly of our said provinca, (if 
 not already done) for the strict observation of the 
 said table. 
 
 ' 77. You are to take care, that drunkenness and 
 debauchery, swearing and blas[)hemy, be discounte- 
 tenanced and |)unished : And for the further discoun- 
 tenance of vice, and encouragement of virtue and 
 good living, (that by such exami)le the infidels may 
 be invited and desire to partake of the christian reli- 
 gion) you are not to admit any person to puulick 
 trusts and employments in our said province under 
 your government, Avhose ill fame and conversation 
 may occasion scandal. 
 
 ' 78. You are to suppress the ingrossing of commo- 
 dities as tending to the prejudice of that freedom 
 which commerce and trade ought to have, and tO' 
 
 / settle' 
 
The history 
 
 'settle such orders and regulations therein with the 
 
 * advice of the coancil, as may be most conducive to 
 
 * th(! benefit and improvement of that colony. 
 
 ' 79. You are to give all due encouragement and 
 'invitation to merchants and others, who siiall bring 
 ' trade unto our said province, or any way contribute 
 ' to the advantage thereof, aud in particular the royal 
 ' African company of England. 
 
 '80. And whereas we are willing to recommend 
 ' unto the said company, that the said province may 
 ' have a constant' and sufficient supply of merchantable 
 ' Negroes, at moderate rates, in money or conimodi- 
 ' ties ; so you are to take especial care, that i)ayraent 
 ' be duly made, and within a competent time accord- 
 ' ine: to their aofreements. 
 
 '81. And you are to take care, that there be no 
 'trading from our said i)rovince to any place in Africa, 
 ' within the charter of the royal African company, 
 'otherwise then prescribed by an act of parliament, 
 ' entitled, An ad to settle the trade to Africa. 
 
 ' 82. And you are yearly to give unto us, and to our 
 'commissioners for trade and plantations, an account 
 ' of what number of Negroes our said province is 
 'yearly supplied with, and at what rates. 
 
 '83. You are likewise from time to time, to give 
 'unto us, and to our commissioners for trade and 
 ' plantations as aforesaid, an account of the wants and 
 'defects of our said 'province, what are the chief 
 'products thereof, what new improvements are made 
 ' therein by the industry of the inhabitants or planters, 
 'and what further improvements you conceive may be 
 ' made, or advantages gained by trade, and in what 
 ' manner we may best advance the same. 
 
 ' 84. You are not to grant commissions of marque 
 'or reprisals, against any prince or State, or their 
 ' subjects in amity with us^, to any person whatsoever, 
 'without our especial command. 
 
 ' 85. Our will and pleasure is, that appeals be made 
 ' in cases of error from the courts in our said province 
 of Nova-Ca;saria, or New-Jersey, unto you and the 
 
 ' council 
 
Of NEW-JEKSEY. 
 
 255 
 
 ^council there; and in your absence from our said A. D. 
 
 ^province, to our commander in chief for the time 
 
 ' being, and our said council, in civil causes, wherein 
 
 ^ such of our said council as shall be at that time judges 
 
 ^ of the court from whence such appeal shall be made 
 
 ^ to you our governor, and council, or to the com- 
 
 ^ mander in chief for the time being, and council as 
 
 ^aforesaid, shall not be admitted to vote upon the 
 
 * said appeal, but thev may nevertheless be present at 
 
 ' the hearing thereof, to give the reasons of the judg- 
 
 ^ ment given by them, in the cause wherein such appeal 
 
 ' shall be made. Provided nevertheless, that in 
 
 ' all such appeals, the sum or value appealed for exceed 
 
 'one hundred poTnids sterling, and that security 
 
 ' be first duly given by the appellant to answer such 
 
 ' charges as shall be awarded in case the first sentence 
 
 ' be affirmed. 
 
 ' 86. And if either party shall not rest satisfied with 
 ^the judgment of you, or the commander in chief for 
 ' the time being, and council as aforesaid ; our will 
 ' and pleasure is, that they may then appeal unto us, 
 'in our privy council, provided the sum or value so 
 ' appealed for unto us, do exceed two hundred pounds 
 ' sterling, and that such appeal be made within four- 
 'teen days after sentence > and that good security be 
 'given by the appellant, that he will effectually pro- 
 'secute the same, and answer the condemnation, as 
 ' also pay such costs and damages as shall be awarded 
 ' by us, in case the sentence of you, or the commander 
 'in chief for the. time being, and council, be affirmed. 
 ' And provided also, that execution be not suspended 
 ' by reason of any such appeal to us. 
 
 ^ ' 87. You are also to permit appeals to us in council, 
 'in all cases of fines imposed for misdemeanors ; pro- 
 ' vided the fines so imposed, amount to or exceed the 
 ' value of two hundred pounds, the appellant first 
 ^'giving good security, that he will effectually prose- 
 ' cute the same, and answer the condemnation, if the 
 ' sentence by which such fine was imposed in our said 
 'province of Nova-Caesaria, or New-Jersev, shall be 
 ' confirmed. " ^ 88^ You 
 
256 
 
 The history 
 
 A. D. ' 88. You are for the better administration of 
 1702. 'justice, to endeavour to get a law passed (if not already 
 
 * done) wherein shall be set the value of men's estates, 
 ' either in goods or lands, under which they shall not 
 ' be capable of serving as jurors. 
 
 ' 89. You shall endeavour to get a law pass'd for 
 ' the restraining of any inhuman severity, which by ill 
 ' masters or overseers, may be used towards their 
 ' christian servants, and their slaves, and that provision 
 ' be made therein, that the wilful killing of Indians 
 ' and Negroes may be punished with death, and that 
 ' a fit penalty be imposed for the maiming of them. 
 
 ' 90. You are also with tlie assistance of the council 
 ' and assemblv, to find out the best means to facilitate 
 ' and encourage the conversion of Negroes and Indians, 
 ' to the christian religion. 
 
 '91. You are to endeavour with the assistance of the 
 ' council to provide for the raising of stocks, and 
 ' building of publick work-houses, in convenient 
 ' places, for the ejnploying of poor and indigent 
 
 * people. 
 
 ' 92. You are to propose an act to be passed in the 
 
 * assembly, whereby the creditors of persons becoming 
 ' bankrupts in England, and having estates in our 
 ' aforesaid province of New-Jersey, may be relieved 
 ' and satisfied for the debts owing to them. 
 
 ' 93. You are to encourage the Indians upon all 
 ' occasions, so as they may apply themselves to the 
 ' English trade and nation, rather than to any other of 
 ' Europe. 
 
 ' 94. And whereas the preservation of the northern 
 
 * frontiers of our province of New- York, against the 
 ' attempts of any enemy by land, is of great impor- 
 ' tance to the security of our other northern plantations 
 ' on the continent of America, and more especially of 
 ' our said province of New-Jersey, which lies so near 
 ' adjoining to our province of New-York, and the 
 ' charge of erecting and repairing the fortifications, 
 ' and of maintaining the soldiers necessary for the 
 
 * defence of the same, is too great to be borne by the 
 
 * single 
 
Of NEW-JERSEY. 
 
 257 
 
 'single province of New- York, without clue contri- A. !>. 
 ' butions from others concerned therein, for which -^^^^^ 
 'reason, we have U})on several occasions, required 
 'such contributions to be made, and accordingly 
 ■'settled a quota to regulate the proportions thereof; 
 ' you are therefore to take further care, to dispose the 
 ' general assembly of our said province of JSTew-Jersey, 
 ' to the raising of such other supplies, as are or may 
 ' he necessary for the defence of our province of New- 
 ' York, according to the signification of our will and 
 ' pleasure therein, which has already been made to the 
 'inhabitants of New-Jersey, or which shall at any 
 ' time hereafter be made to you our governor, or to 
 'tlie commander in chief of our said province for the 
 ' time being. 
 
 ' 95. And in case of any distress of any of our 
 ' plantations, you shall upon application of the res[)ec- 
 ' tive governors to you, assist them with what aid the 
 ' condition and safety of your government will jX'rmit, 
 'and more particularly in case our province of New- 
 ' York, be at any time attacked by an enemy, the 
 'assistance you are to (!ontribute towards the (fefence 
 'thereof, whether in men or money, is according to 
 ' the forementioned quota or repartition, which has 
 'already been signified to the inhabitants of our fore- 
 'said province under your government, or a<!cording 
 ' to such other regulations as we shall hereafter make in 
 'that behalf, and signify to you or the commander in 
 'chief of our said province for the time being. 
 
 ' 96. And for the greater security of our province 
 'of New- Jersey, you are to appoint fit officers and 
 'commanders in the several })arts of the country bor- 
 'dering upon the Indians, who upon any invasion 
 ' may raise men and arms to oppose them, until they 
 'sh;dl receive your directions therein. 
 
 ' 97. And whereas we have been pleased by our 
 'commission to direct, that in case of your death or 
 'absence from our said province, and in case there l)e 
 ' at that time no person upon the place comraissionated 
 ' or appointed by us to be our lieutenant governor, or 
 
 R ' commander 
 
258 
 
 The history 
 
 commander in chief, the then present council of our 
 said province, shall take upon them the administra- 
 tion of the government, and execute our said com- 
 mission, and the several powers and authorities 
 therein contained in the manner therein directed ; it 
 is nevertheless our express will and pleasure, that in 
 such case the said council shall forbear to pass any acts, 
 but what are immediately necessary for the peace and 
 welfare of our said province, without our particular 
 order for that purpose. 
 
 '98. You 
 
 w. This article was afterwards supplied as follows: 
 * Anne R. 
 
 'Additional instruction to our right trusty and well beloved Edward 
 'lord viscount Cornbury, our captain general and governor in 
 'chief of our province of New- Jersey, in America, and in his 
 'absence to our lieutenant governor and commander in chief of 
 'our said province for the time being. Given at our court at 
 ' Kensington, the third day of May, in the sixth year of our 
 'reign, 1707. 
 
 'Whereas by a clause in our commission and instruction to you 
 'our captain general and governor in chief of our province of 
 'New-Jersey, it is directed, that upon your death or absence, in 
 'case there be no lieiilenant governor appointed by us upon the 
 'place, that tlien the council do take upon them the administration 
 'of the government, and that the eldest councellor do preside as by 
 'the said commission and instructions is more particularly set 
 'fortli; and we having observed, that this instruction has given 
 'occasion of many controversies and disputes between the president 
 'and the councellors, and between the councellors them-selves and 
 'otherwise, in several of our plantations, to the great hindrance of 
 'thepublicit business, and the prejudice and disturbance of our 
 'service there; our will and pleasure therefore is, that if upon 
 'your death or absence there be no person upon the place commis- 
 'sionated by us to be our lieutenant governor or commander in 
 'chief, the eldest councellor whose name is first placed in our said 
 'instructions to you, and who shall be at that time of your death 
 'or absence residing within our said province of New-Jersey, shall 
 'take upon him the administration of the government and execute 
 'our said commission and instructions, and the several powers and 
 'authorities tiierein contained, in the same manner and to all intents 
 ' and purposes, as either our governor or commander in chief should 
 'or ought to do in case of your absence, or until your return, or 
 ' in all cases until our further pleasure be known therein. So we 
 ' bid you heartily farewel. 
 
 By her majesty's command, 
 
 Sunderland. 
 
 The 
 
 A. D. 
 
 1702. 
 
 4 
 
Of N E W- JERSEY. 259 
 
 ^98. You are to take care, that all writs be issued 
 
 * in our name throughout our said province. 
 
 ' 99. Forasnuich as great inconveniencies may arise 
 ' by the liberty of printing in our said province, you 
 ^ are to provide by all necessary orders, that no person 
 'keep any press for printing, nor that any book, pam- 
 ^ phlet or other matters whatsoever be printed without 
 ^ your especial leave and license first obtained. 
 
 ' 100. And if any thing shall happen that may be 
 ^ of advantage and security to our said province, which 
 ^ is not herein, or by our commission to you provided 
 ^for, we do hereby allow unto you, with the advice 
 'and consent of our council of our said province, to 
 ^ take order for the present therein, giving unto us by 
 
 * one of our principal secretary's of state, and to our 
 'commissioners for trade and plantations, Sj>eedy notice 
 'thereof, that so you may receive our ratification if 
 ' we shall aj)prove of the same. 
 
 ' 101. Provided always, that you do not by 
 ^any colour of any power or authority hereby given 
 \you, commence or declare war, without our know- 
 pledge and particular commands therein, except it be 
 
 ' against 
 
 The following instruction relates also to the council, and bears 
 •date in the same year. 
 
 ' Anne R. 
 
 'Riglit trnsty and well beloved, we greet you well: Whereas 
 'we are sensible tliat eflectiial care ought to be tai<en to oblige the 
 'members of our council to a due attendance therein, in order to 
 'prevent the many inconveruencies that may happen from the 
 I want of u qiioriim of the council to transact business as occasions 
 'require; it is our will and pleasure, that if any of tlie members 
 |of our said council shall iiereafter wilfully absent tliemselves when 
 'duly summoned, wiihout a just and lawfiil cause, and shall persist 
 'therein aber admonition, you suspend ihe said cnuucell'ors so 
 'aiis^nting iheraselves till our further pleasure be kn wn, giving 
 'us timely notice thereof; and we hereby will and require you 
 |that our royal pleasure be signified to tlie several members of our 
 ^council in New-.Jersey, and thai it be entered in the coimcil books 
 |of our said province as a standing nile ; so we bid you farewel. 
 ^ Given at our court of Kensington, the twentieth day of Novem- 
 ■"ber, 1707, in the the sixth year of our reign. 
 
 Ey her majesty's command, 
 
 Sunderland.* 
 
 1 
 
260 
 
 The history 
 
 A. D. < against Indians, upon emergencies, wherein the con- 
 ' sent of our council shall be had, and speedy notice 
 
 * given thereof unto us as aforesaid. 
 
 ' 102. And you are upon all occasions to send unto 
 ' us by one of our principal secretary's of state, and 
 ' to our commissioners for trade and plantations, a 
 ' particular account of all your proceedings, and of 
 ' the condition of affairs within your government. 
 
 103. And whereas the lords spiritual and temporal 
 ' in parliament, upon consideration of the great abuses 
 ' practised in the plantation trade, did by an humble 
 ' address, represent to his late majesty, the great impor- 
 ' tance it is of, both to this our kingdom and to our plan- 
 
 * tations in America, that the many good laws which 
 ' have been made for the government of the said planta- 
 ' tions, and particularly the act passed in the seventh 
 ' and eighth years of his said majesty's reign, entitled, 
 ' A n act for i)r eventing frauds, and regulating abuses in 
 'the plantation trade, be strictly observed. You are 
 ' therefore to take notice, that whereas notwithstanding 
 ' the many good laws made from time to time, for pre- 
 ' venting frauds in the plantation trade, it is nevertheless 
 ' manifest, that very great abuses have been and con- 
 ' tinue still to be practised to the prejudice of the same, 
 ' which abuses must needs arise, either from the insol- 
 ' vency of the persons who are accepted for the security 
 ' or from the remissness or connivance of such as have 
 ' been, or are governors in the several plantations, who 
 ' ouglit to take care, that those persons who give bond 
 'should be duly prosecuted, in case of non perform- 
 ' ance ; we take the good of our plantations and the 
 'improvement of the trade thereof, by a strict and 
 ' punctual observance of the several laws in force con- 
 ' cerning the same, to be of so great importance to 
 ' the benefit of this our kingdom, and to the advancing 
 ' of the duties of our customs here, that if we shall 
 ' be hereafter informed, that at any time there shall be 
 ' any failure in the due observance of those laws, within 
 ' our foresaid province of Nova-Csesaria, or New Jersey, 
 ' by any wilful fault or neglect on your part, we shall 
 
 ' look 
 
Of new-jersey. 
 
 261 
 
 * look upon it as a breach of the trust reposed in you A. D. 
 ^ by us, which we shall pujiish with the loss of your J-'^^ 
 ^ place in that government, and such further marks of 
 ' our displeasure, as we shall judge reasonable to be 
 ' inflicted upon you, for your offence against us, in a 
 ' matter of this consequence, that we now so particu- 
 larly charge you with.' 
 
 CHAP. XIV. 
 
 Observations on Lord Cornbury's instructions, and the 
 privileges originally granted to the settlers, with 
 abstracts of some of them. 
 
 § I. T T is apparent, from the whole tenor of the Observa- 
 
 JL application from the proprietors, that they had 
 constantly in view the reservation of the principal privi- 
 leges they enjoyed ; and that their meaning was only to 
 part with the powers of government ; accordingly in the 
 instrument of surrender, nothing appears to be resigned 
 hnt these; their endeavours therefore to stipulate ex- 
 pressly for a fresh confirmation of particular privileges, 
 seems to have been owing to an unnecessary diffidence ; 
 they were however so far indulged, that a draught of the 
 foregoing commission and instructions was prepared 
 and shewn to them for their acquiescence, conformable 
 to what the Lords of trade in their representation of 
 October 2, 1701, had proposed.^- 
 
 § II. After the lords commissioners for trade and 
 plantations had prepared a draught of the commission 
 and instructions for a new governor, they referred it 
 to sir Thomas Lane, and the proprietors, in the words 
 following ; 
 
 'Sir 
 
 X. Appendix numb. xiii. 
 
 i 
 
262 
 
 The HISTOEY 
 
 A.D. 'Sir, Whitehall, November 14, 1701. 
 
 ' I am commanded by the lords commissioners for 
 
 * trade and foreign plantations, to send yon the inclosed 
 ' draught of a commission and instructions for a gover- 
 
 * nor for his majesty's province of New- Jersey, pre- 
 
 * pared by order of their excellencies the lords justices, 
 ' that you may communicate the same to the pro- 
 
 * prietors of both the divisions of East New-Jersey, and 
 ^West New-Jersey, for their observation thereupon; 
 
 * which their lordsliips desire may be made and returned 
 
 * to them with all convenient speed, in order to such 
 
 * further proceedings as shall be found necessary, for 
 
 * the settling that province in a due form of goverimient. 
 
 ' I am, sir, your most humble s(;rvant,. 
 
 William Popple. 
 ' To sir Thomas Lane, Knight and Alderman'. 
 
 § III. The report of the lords of trade to king Wil- 
 liamj/- upon the same occasion, not long before the sur- 
 render, was conceived in the terms following. 
 
 ' To the King's most excellent majesty. 
 ' May it please your majesty, 
 * Having been directed by their excellencies the lords- 
 'justices, upon a representation, which we humbly laid 
 
 * before them, concerning the disorders in your 
 
 * majesty's provinces of East and West New-Jersey, ia 
 'America; to prepare draughts of a commission and 
 
 * instructions for a governor to be sent thither by your 
 
 * majesty, and to consult therein the proprietors of those- 
 
 * provinces, in order to the surrender of their pretended 
 
 * right to the government of the same :: We humbly 
 ' lay before your majesty the draughts which we have 
 ' prepared accordingly, with such clauses as we con- 
 
 * ceive proper, to enable the governor, for whose name 
 
 * we have left a blank, to proceed in settling a govern- 
 
 ' ment 
 
 y. King William died between this and the surrender, having, 
 (its said) first nominated lord Cornbiiry, governor of New-York 
 and New-Jersey, on account of the services of his father; who wa» 
 among the first officers that after his landing at Torbay,.Game over 
 to him with his regiment. 
 
 t 
 
Of NEW-JERSEY. ' 263 
 
 ' rrient in that country, conformable, (as near as the ^* 
 
 ' circumstances of the inhabitants will permit) to the 
 
 ' method of government, settled by your majesty's 
 
 ' respective commissioners in your other American plan- 
 
 ' tations ; and withal to prevent the interfering of that 
 
 ' colony with the interest of those other plantations : 
 
 * We have also in pursuance of their excellencies direc- 
 ' tions, communicated the said draughts to sir Thomas 
 
 * Lane, and others, the principal proprietors of West 
 ' New-Jersey, and to Mr. William Dockwra, secre- 
 ' tary,2 and others, the principal proprietors or East 
 ' New-Jersey ; in behalf of themselves, and the rest 
 ' of the proprietors of both those divisions ; which 
 ' draughts they have unanimously approved ; and in 
 ' confidence that your majesty will be graciously pleased 
 ' accordingly to constitute a governor over those coun- 
 ' tries, they have declared themselves willing and ready 
 'to surrender all their right, or pretence of right to 
 'government, which they have hitherto claimed;. 
 ' whereupon we humbly request to your majesty, that 
 
 ' the reducing these colonies to an orderly form of 
 'government, under a governor constituted by your 
 ' majesty's immediate commission, will be of great 
 ' service to your majesty, in preventing illegal trade, 
 ' and the harbouring of pirates, and will be of good 
 ' influence throughout the other plantations ; and we 
 ' humbly offer, that mr. attorney general be directed 
 ' forthwith to prepare a form of a surrender of their 
 ' said right, or pretence of right to government, 
 ' which may be most effectual to the extinguishing 
 ' their said pretensions, and present the same to your 
 ' majesty. 
 
 ' And whereas they have desired, that the first gover- 
 ' nor to be thus appointed by your majesty, may be a 
 
 ' person 
 
 z. Contriver of the penny-post, in tlie city of London : Old- 
 mixon, says, he got his information of New-Jersey from him; 
 and that he, in the name of the Proprietors of East-Jersey, and sir 
 Thomas Lane (who had purchased the best part of Dr. Coxe's share 
 of propriety) on behalf of West- Jersey, waited on the queen, and 
 made a formal surrender of the sovereignty ; reserving all their rights. 
 
264 
 
 The history 
 
 "1762' 'P^^s^" qualified for that service; but cannot 
 
 'agree in the recommendation of any particular person : 
 * We humbly propose, that when the surrender shall be 
 'made, your majesty would be pleased to nominate 
 *some person wholly unconcerned in the factions, which 
 ' have divided the inhabitants of those parts, all which 
 'nevertheless is most humbly submitted. 
 
 'Whitehall, 1 Wra. Blathwayt, Ph. Meadows, 
 
 T a^u TTAi r> r John Pollexson, Abr. Hill, 
 Jan. 6th. 1701-2. ( a. i- a i\/r ^ tj • S 
 
 J btantord, Mat Prior.^ 
 
 § IV. In a memorial hereafter inserted «• of the 
 proprietors of West- Jersey, to the lords commissioners 
 of trade and plantations, against lord Cornbury, signed 
 by sir Thomas Lane, and other ^- proprietors, who 
 signed the surrender ; we find them recapitulating 
 several matters, and asserting that they were part of the 
 terms of their surrender, and placed as such among 
 others in the instructions. 
 
 And by the assembly's remonstrance, in 1707, it 
 appears, they ' thought their privileges more secure 
 than some of their neighbours,' and fully depended on 
 being protected in the enjoyment of them. 
 
 § Y. Among the instructions to lord Cornbury are to 
 be found, the principal matters the proprietors pointed 
 out as what they desir'd to have reserved, the articles 
 9, 14, 15, 16, 36, 37, 38, 45, 51, 52, 53, 86, 
 87, bear evident marks that they were of this number; 
 these and such of the others as reserve or reinforce the 
 particular privileges of the proprietors and inhabitants 
 of New-Jersey, were doubtless adopted and continued, 
 in consequence of their application and the original 
 grants. 
 
 § VI. If the instructions to all the succeeding gover- 
 nors are copied from those to lord Cornbury, as it is 
 
 generally 
 
 a. Chap, xviii. 
 
 b. Every one of the signers of this, Robert Burrow and William 
 Snelling excepted, had signed the instrument of surrender. 
 
Of NEW-JERSEY. 
 
 265 
 
 generally understood ; such of them as differ from what A. D. 
 is common to other plantation governors, were intended 
 to be at the time of the surrender, and which the fore- 
 going sections seem to confirm, it is a farther evidence 
 that they are esteemed, as to the matter of them, rights 
 and privileges belonging to the inhabitants of New- 
 Jersey ; and that it has been and is the intention of the 
 crown to continue them as such. 
 
 § VII. There does not appear to have been any design 
 to abridge the privileges before enjoyed, nor could it 
 perhaps be legally effected, by any of the steps taken 
 before or in the surrender ; for many of the settlers, 
 though they were actually proprietors, do not seem to 
 have been parties to the surrender, either by themselves 
 or any legally constituted body for them, except it 
 may be supposed, their approving the thing without 
 joining in any one public act to effect it, made them so. 
 
 § VIII. The proprietors who signed the instrument of 
 surrender, considered as to the shares of propriety they 
 held, might be thought of importance enough to be 
 denominated the whole, in barely giving up the govern- 
 ment; because they had not conveyed that : But it no 
 where appears, that they had any legal power to repre- 
 sent the settlers in general, in matters wherein they had 
 admitted them to share in their property, whether of 
 land or privilege, and as to numbers, were but a small 
 part of the proprietors, and a very small part of the 
 settlers. 
 
 § IX. Every settler who complied with the terms of 
 settlement publickly established, as well as the purchaser, 
 being entitled to the privileges purchased or settled 
 under ; it could not be lawful, that the act of any fellow 
 proprietor to the last, or landlord to the other, should 
 deprive them of what, by the original frame and consti- 
 tutions of the country, or particular agreements, they 
 
 had 
 
The history 
 
 had a share in ; and had been the principal inducement 
 of their removing hither to settle. 
 
 § X. That the civil and religious privileges subor- 
 dinate to, and derived from, but not connected with 
 the powers of government, were the principal induce- 
 ment of many of the settlers, to leave good habitations 
 and remove hither, none acquainted with the state of 
 things in the original settlement can doubt. 
 
 § XI, If therefore every purchaser and settler had a 
 right to and property in the privileges conveyed to 
 them, and if the ideas of property in British subjects 
 are the same in the colonies as in the mother country ; 
 according to these, nothing but their own act by them- 
 selves as individuals, or as some way represented in 
 legislation or otherwise, could deprive them of it ; any 
 thing less would imply an absurdity in the term. 
 
 § XII. Tliat they had a right, will evidently appear 
 by the following short view of the premises ; first, by 
 right of discovery it became vested in the crown ; by 
 the crown it was granted to the duke of York ; by the 
 duke to lord Berkeley and sir G. Carteret, so to the 
 purchasers immediately under them, and thence indivi- 
 dually to every freeholder, with the right of the 
 natives purchased and amply confirmed to them ; hence 
 it is, if these conveyances were good, that every free- 
 holder must have a clear incontestable right to his 
 freehold, and consequently to every privilege conveyed 
 with it, as far as these grants will warrant. 
 
 § XIII. In another view the case may be stated thus ; 
 the proprietors said to the people, if you will buy this 
 land, you and your posterity forever shall have these 
 privileges ; for the first you have our hand and seal ; 
 for the other our publick declarations and concessions 
 solemnly ratified under our hands, recorded in the pub- 
 lic offices ; and for a more compleat security, most of 
 
 them 
 
Of NEW-JEESEY. 
 
 26T 
 
 them also confirmed by laws in the same manner as the A. D. 
 title and right to location of many of the lands are 
 founded ; hence a conclusion seems to follow, that the 
 privileges became a part of the purchase, and that 
 the proprietors in the sale of their lands, received a 
 consideration for them ; and if so, to their- birth-right 
 as British subjects must be superadded the right of pur- 
 chase. 
 
 § XIV. It may possibly be objected as to West-Jersey,, 
 that the proprietors sold or conveyed the government 
 to Dr. Coxe, and he again conveyed it to several of 
 those who were parties to the surrender ; supposing this 
 to be true, it concludes nothing in the present case ; the 
 question is not as to gavernment, but privilege in 
 other respects ; to bring that into the argument it must 
 be proved, first, that the proprietors generally concur- 
 red in the sale ; secondly, that they had power to sell 
 again that proportion which had before been conveyed, 
 to others ; thirdly, that the act of surrender in any respect 
 aifects it ; lastly, that the proprietors of the Massachu- 
 setts, Pennsylvania, or any other charter government, 
 may or could by their own act barely, resign so as to- 
 annul or destroy what their predecessors or they have 
 conveyed and confirmed to the people ; till this is done,, 
 the other, for similar reasons, must be supposed impos- 
 sible : Equally inconclusive must be any argument here 
 as to right of conquest from what happened in 1673; 
 if the treaty of Westminster had not restored things 
 to their original footing, the last grants, and laws in 
 consequence of them, confirming former privileges, 
 and nearly the whole matter relating to We.'st-Jersey,, 
 bear date since. 
 
 § X V. To argue, that because there is no express 
 clause in the instrument, by which the government was- 
 surrendered, reserving the people's privileges; that 
 therefore they were not reserved ; would be just as rea- 
 sonable 
 
268 
 
 The history 
 
 A. D. sonable as to argrue, that because the right to the soil 
 
 1702 ^ ^ , 
 
 is not there particularly reserved, that therefore it was 
 
 not reserved at all ; and yet it remains to the possessors 
 without interruption ; and the right to every civil and 
 religious privilege not cancelled in the act of resig- 
 nation, nor since altered by law, being equally strong 
 as to the forms of authenticity (however overlooked or 
 forgot in occasional practice) must be supposed to 
 retain their original validity. 
 
 § Xyi, From what has been said, it seems to be evi- 
 dent, that the proprietors who signed the instrument of 
 surrender, had it not in their power, and therefore could 
 not have intended ; nor if they had, can the words or 
 meaning of any thing they appear to have transacted, 
 be legally construed to extinguish any privilege before 
 derived from the royal grants, either relating to liberty 
 of conscience, or matters of privilege in other cases; 
 •their power of the government only excepted ; c. whether 
 this power was ever in due form of law granted or 
 not,"!- they had enjoyed it near forty years; rightly 
 
 or 
 
 c. See the queen's acceptance : And for the advantage of a ready 
 !view, as to the meaning of the surrender, let the terms used in the 
 instrument, be here attended to, viz. 
 
 'AH these the said powers and authorities, to correct, punish, 
 * pardon, govern, and rule all or any of her majesty's subjects, or 
 ■'others, who now inhabit, or hereafter shall adventure into, or in- 
 'habit within the said provinces of East-Jersey and West Jersey, 
 'or either of them; and also to nominate, make, constitute, 
 'ordain, and confirm any laws, orders, ordinances and direc- 
 'tions, and instruments for tho'^e purposes, or any of them; and 
 'to nominate, constitute or appoint, revoke, discharge, change, or 
 'alter any governor or governors, officer or ministers, which are 
 'or shall be appointed, made or used within the said provinces, or 
 'either of them; and to make, ordain, and establish any orders, 
 'laws, directions, instruments, forms or ceremonies of govern- 
 ' nient and magistracy, for or concerning the government of the 
 'provinces aforesaid, or either of them ; or on the sea in going and 
 ^coming to or from thence; or to put in execution, or abrogate, 
 'revoke or change such as are already made, for, or concerning 
 'such government or any of them, &c. 
 
 d. We see the proprietors themselves seem to give into such a 
 doubt in the instrument of surrender. 
 
Of NEW- jersey. 
 
 2m 
 
 or even tolerably administered, it must undoubtedly be A. D, 
 considered in the light of a privilege to the inha- 
 bitants in general ; as having their immediate rulers 
 on the spot, ready to see and redress grievances, or 
 prevent the occasions of them ; induced to it both by 
 the strong ties of increasing profit to themselves, and 
 the good of others ; but if we may compare the latter 
 part of these proprietors administrations with the tran- 
 quility that has ensued for most of the time since; and 
 to this, add the benefits^- derived from royal attention, 
 and thence be allowed to form a judgment; we shall . 
 not perhaps see much cause to regret the change of' 
 situation. 
 
 § XVII. What the original privileges of the inha- 
 bitants of New-Jersey were, by the several grants and 
 concessions, and other instruments beforernentioned 
 and proprietary laws, will at large appear ; some of 
 those not immediately connected with government or 
 land affairs, may be known by the following abstracts.. 
 
 In East and West- Jersey, before the division. 
 1. No person swearing or subscribing allegiance to 
 the king, and faithfulness to the proprietors,, to be any 
 ways molested, punished, disquieted, or called in 
 question, for any dilference in opinion or practice, in. 
 matters of religious concernment, who did not disturb 
 the civil peace; but that all such persons should at all 
 times, freely and fully have and enjoy their judgments 
 
 and; 
 
 e. An act prescribing the forms of declaration of fidelity, the 
 effect of the al)jiirauon oath, and affirniMtion, instead of the'loruis 
 heretolore i-e(]iiired. <^c. Confirmed and rendered perpelual hy the king 
 in coit.ncil, at Jamei^'s May 4. 1732. A succession of l.eiieficiMl 
 pnper money acts on loan, confinned, but now. expired. Anoiher tor 
 acknowledging deeds, and declaring how the estate or right of a feme 
 covert may be conveyi-d or extinguished. Confinned and rendered 
 perpetual hy the kirn/ in council, at- Kenaingtim, Augud 22, 1746. 
 Another lor ascert;iining the officers fees,, ibid> at, St.. Jam.es's,. 
 November 23, 1749. &c. 
 
270 
 
 The history 
 
 A. D. 
 
 1702. 
 
 and consciences, they behaving themselves peaceably 
 and not using this libertv to licentiousness. Concessions 
 and agreements of the proprietors Carteret and Berkeley, 
 with the adventurers, Feb. 10, 1664. 
 
 2. By legislative act to levy taxes, and not other- 
 wise, and this as should seena most equal and easy for 
 the inhabitants, ibid. 
 
 3. By law to provide for the support of government. 
 ibid. 
 
 4. That cattle ranging or grazing on lands not 
 appropriated to particular persons, shall not be deemed 
 trespassing, but custom not to be plead from hence, 
 nor any, purposely to suffer their cattle to graze on 
 such lands, ibid. ■ ■ ' 
 
 In East-Jersey, after the quintipartite division. 
 
 5. That the courts of session and assize, should be 
 established by the governor, council, and representa- 
 tives, and that appeals from thence, should be made 
 to the governor and council, &c. Deolaration of sir 
 George Carter'et, dated July 31, 1674. 
 
 6. ' Among the present proprietors, there are several 
 ^ that declare they have no freedom to defend them- 
 ' selves with arms; and others who judge it their duty 
 ' to defend themselves, their wives and children, with 
 ' arms : It is therefore agreed and consented to ; and 
 ' they the said proprietors do, by these presents, agree 
 ' and consent, that they will not in this case, force each 
 
 other against their respective judgments and consci- 
 ' ences ; in order whereunto it is resolved, that on the 
 ' one side, no man that declares, he cannot for con- 
 ' science sake, bear arms, whether proprietor, or 
 * planter, shall be at any time put upon so doing, in 
 ' his own person ; nor yet upon sending any to serve in 
 ' his stead ; and on the other side those who do judge it 
 ^ their duty to bear arms for the publick defence, shall 
 ' have their liberty to do it in a legal way.' Funda- 
 
 mental constitutions of Fast New-Jersey, A. D. 1683. 
 
 7. ALL 
 
 * 
 
Of new-jersey. 
 
 271 
 
 7. All persons acknowledging one almighty and 
 ■eternal God, and holding themselves obliged in con- 
 science to live quietly in civil society ; shall no way be 
 molested, or prejudged for their religious persuasions 
 and exercise in matters of faith and worship, nor be 
 compelled to frequent and maintain any place of 
 worship or ministry whatsoever; but none to be ad- 
 mitted to places of publick trust, who do not profess 
 faith in Christ Jesus, and will not solemnly declare, 
 that he is not obliged in conscience, to endeavour 
 alteration in the government, nor does not seek the 
 turning out of any in it, or their ruin or prejudice in 
 person or estate, because they are in his opinion here- 
 ticks, or differ in judgment from him ; but none 
 under the notion of liberty, by this article, to avow 
 atheism, irreligiousness, nor to practice prophaneness, 
 murder, or any kind of violence; or indulge them- 
 selves in stage-plays, masks, revells, or such like 
 abuses, ibid. 
 
 8. No person to be imprisoned or deprived of his 
 freehold, free custom or liberty, to be out-lawed, exiled 
 or any other way destroyed, nor be condemned, but by 
 lawful judgment of his peers; justice or right to be 
 neither bought nor sold, deferred or delayed to any 
 person whatsoever ; all trials to be by twelve men, and 
 as near as may be, peers and equals, and of the neigh- 
 bourhood, and without just exception ; twenty four 
 to be returned by the sheriff as a grand inquest, twelve 
 at least to agree in finding the complaint to be true; 
 reasonable challenges to be admitted against the twelve 
 or peers who have the final judgment, or any of them : 
 In all courts, persons of all perswasions to appear in 
 their own way, and according to their own manner, and 
 personally plead their own causes, or if unable, by 
 
 their 
 
272 
 
 The history 
 
 A. D. tiieir friends ; and no person allowed to take money 
 for pleading or advice in such cases./- ibid. 
 
 9. All marriages not forbidden in the law of God 
 to be esteemed lawful, where the parents or guardians 
 being first acquainted, the marriage is publickly inti- 
 mated in such places and manner as is agreeable to men's 
 different persuasions in religion, and afterwards solem- 
 nized before creditable witnesses, and duly registered. 
 Ibid. 
 
 10. All witnesses called to testify to any matter or 
 thing in any court, or before any lawful authority, to 
 deliver their evidence by solenmly promising to speak 
 the truth, the whole truth and nothing but the truth ; 
 and the punishment of falshood to be the same as in cases 
 of perjury; the like in cases of forgery; and both 
 criminals to be stigmatized. Ibid. 
 
 11. Forfeited estates, except for treason or capital 
 crimes, to be redeemed by the nearest of kin, within 
 two months, by paying to the publick treasury, not 
 above one hundred pounds, nor under five pounds 
 sterling. Ibid. 
 
 In West-Jersey. 
 
 12. No cattle straying, ranging or grazing on any 
 unlocated grounds, to subject their owners to damages, 
 but custom of commons not to be pretended to, nor 
 any person hindered from legally taking up any such 
 lands. Concessions and Agreements, chap. viii. 
 
 13. All taxes to be levied by legislative act. Ibid. 
 chap. xi. 
 
 14. As no man or number of men upon earth, have 
 power or authority to rule over men's consciences in 
 religious matters ; no person or persons whatsoever, at 
 any time or times hereafter, shall be any ways, upon 
 
 any 
 
 /. This last afterwards altered by an instruction to Basse, while he 
 exercised the office of governor in East Jersey, and fixed to be, that 
 none should praciice without license from the governor. 
 
Of NEW-JERSEY. 
 
 273 
 
 any pretence whatsoever, called in qnestion, or in the A. D. 
 least punished or hurt in person, estate or privilege, for 
 the sake of his opinion, judgment, faith, or worship 
 towards God in matter of religion. Ibid. cha]). xvi. 
 
 15. No person to be deprived of life, limb, pro- 
 perty, or any ways hurt in his or their privileges, free- 
 doms or franchises, upon any account whatsoever, 
 without a due trial and judgment passed by twelve 
 good and lawful men of his' neighbourliood first had ; 
 parsons arraigned allowed to except against any of the 
 neighbourhood, without rendering a reason, not ex- 
 ceeding thirty-five, and with valid reasons against every 
 person nc^minated for that service, ibid. chap. xvii. 
 
 16. In all causes, civil and criminal, proof to be 
 made by the solemn and plain averment of at least two . 
 honest and reputable persons ; upon false evidence, the 
 party in civil causes liable to the penalty due to the 
 person or persons he or they bear witness against; in 
 criminal causes to be severely fined, and for the future 
 disabled from being admitted an evidence or to any 
 public employment, ibid. chap. xx. 
 
 17. Persons preferring indictments . or informations 
 against others for personal injuries, or matters criminal 
 (tretison, murder and felony excepted;) to be masters 
 of their own process, and have power to remit or 
 forgive as well before as after judgment and sentence. 
 ibid. chap. xxi. 
 
 18. All causes, civil and criminal, to be decided by 
 the verdict of twelve men of the neighbourhood, to 
 be summoned by the sheriff, and no person compelled 
 to fee an attorney; but to have free liberty to plead his 
 own cause; and that no person imprisoned upon any 
 account whatsoever, should be obliged to pay any prison 
 fees. ibid. chap, r.xii. 
 
 19. All jurisdictions and their powers to be estab- 
 lished by legislative act. 
 
 S 20. In 
 
274 
 
 The history 
 
 A. D. 20. In courts of justice for trial of causes civil or 
 criminal, all inhabitants to come freely into, and attend 
 and hear any such trials, Hhat justice may not be done 
 ' in a corner, nor in any covert manner ; being intended 
 *and resolved by the help of the Lord, and by these 
 
 * our concessions and fundamentals, that all and every 
 
 * person or persons inhabiting the said province, shall, 
 
 * as far as in us lies, be free from oppression and slavery, 
 
 * ibid. chap, xxiii. 
 
 21. The proprietors and freeholders to have liberty 
 to give their representatives instructions, and to repre- 
 sent their grievances ; and any of the electors upon 
 complaint made of failure of trust or breach of cove- 
 nant, to remonstrate the same to the Assembly. 
 
 22. In every meeting of general Assembly, liberty 
 of speech to be allowed ; and none to be interrupted 
 when speaking : All questions to be stated with delibe- 
 ration, and liberty for amendment, with power of 
 entering reasons of protest ; and to have the mem- 
 ber's yeas and no's registered : The doors of the house 
 to be set open ; and liberty given to hear the debates : 
 The assembly to have power of enacting laws, provided 
 they be agreeable to the fundamental laws of England, 
 and not repugnant to the concessions. Concessions afore- 
 said. See also the first acts of Assembly of West- Jersey. 
 
 CHAP. 
 
O F JS[ E W - J E R S E Y . 275 
 
 CHAP. XV. 
 
 Lord Combury convenes the first general assembly after 
 the surrender: His speech, their address, and, other 
 proceedings : Queen Anne^ s proclamation for ascertain^ 
 ing the rates of coin : Combury dissolves the Assembly, 
 and meets a new one to his mind : Their proceedings 
 •and dissolution : A summary of the establishment and 
 practice of the council of proprietors of West-Jersey : 
 Another assembly called,; who remonstrate the griev- 
 ances of the province. 
 
 TH E distinction of the two Provinces East and 
 West-Jersey, being henceforth as to all matters 
 of government laid aside, and both united in one under 
 the name of Nova-Csesaria, or New-Jersey; we now 
 enter upon a more uniform method of proceeding. 
 
 Contrary to the expectation of those concerned in 
 tlie surrender, we soon find them jointly struggling for 
 the preservation of their privileges against the encroach- 
 ments of a governor, who, if his abilities had been 
 equal to his birth and interest, must be allowed to have 
 been as formidable an antagonist in that capacity as 
 any that have come to the colonies ; besides being the 
 son of a family that had merited highly in the revolu- 
 tion, he was first cousin to queen Anne : With such an 
 interest and a disposition to have studied harmony and 
 concord, instead of listening to the votaries of faction, 
 and meanly trumpeting their animosities, he had a fair 
 opportunity of singular service in restoring the public 
 quiet, and laying a foundation of prosperity to the 
 province ; but that, afterwards became the business of 
 another. 
 
 Lord Cornbury arrived in New-Jersey in the month 
 called August, 1703 : Having published his commis- 
 sion 
 
 A. D. 
 1703. 
 
276 
 
 The history 
 
 A. D. 
 
 1703. 
 Lord 
 Cornbnry 
 convenes 
 tlie assem- 
 bly. 
 
 sion at Amboy and Burlington, he returned to- his 
 government of New- York ; but soon came back and 
 convened the general assembly to meet him at Perth- 
 Amboy, the tenth of November.?- They chose Tlio- 
 mas Gardiner/*- speaker, he was presented and accepted,, 
 and then, conformable to the practice of parliament, 
 made a demand of the particular privileges of assem- 
 blies, as follows : 
 
 ' That the members with their servants, may be free 
 ' from arrests or molestation during the sessions. 
 
 ' That they have free access to your excellency's 
 ' person, when occasion requires. 
 
 ' That they may have liberty of speech, and a favour- 
 ' able construction of all debates that may arise among. 
 ' them. 
 
 * That if any misunderstanding shall happen 'to arise 
 ^ between the council and this house, that in such a 
 ' case a committee of the council may be appointed to 
 ^confer with a committee of this house for adjusting 
 'and reconciling all such differences. And, 
 
 ' That these our requests may be approved of by 
 'youf excellency and council, and entered in the 
 * council books.' 
 
 The governor, in answer told them, he granted the 
 three first as the just and undoubted right of the house ; 
 
 but 
 
 g. The names of the first members of council after the surrender 
 are in lord Cornbury's instructions. The first representatives were, 
 
 For ti>e eastern Division. 
 Obadiah Bnwn, Jedediali Allen, Michael Howden, Peter Van 
 Este, John Reid, John Harrison, Cornelius Tunison, Richard 
 Hartshorne, col. Richard Towniy, 
 
 For the western Division. 
 Thomas Lambert, William Biddle, William Stevenson,' Restore 
 Lippinoott, John Kay, John Hugg, jun'. Joseph Cooper, William 
 Hall, John Mason, John Smith. 
 
 For the town of Burlington. Peter Fretwell, Thomas Gardiner, 
 City of Pertli-Amboy. Thomas Gordon, Miles Forster. 
 
 h. Son of him whose death is mentioned before. 
 
Of NEW-JERSEY. 
 
 277 
 
 3)ut rejected the fourth as an innovation, and accord- A. D. 
 
 • . 1702. 
 
 ingly ordered an entry of the same in the council books ; 
 
 this done, he made a speech to the council and general 
 assembly. 
 
 Gentlemen, 
 
 The proprietors of East and West New-Jersey, Speech, 
 having upon very mature consideration, thought fit 
 ^ to surrender to her most sacred majesty the great queen 
 
 * of England, my mistress, all the powers of govern- 
 ' ment which they supj>osed were vested in them ; the 
 'queen has been pleased to unite these formerly two 
 
 * provinces now into one, under the name of Nova- 
 
 * Cfesaria or New-Jersey ; her majesty has been pleased 
 ' graciously to honour' me with the trust of this 
 'government, and has commanded me to assure you ^ 
 ' of her protection upon all occasions ; and you niay 
 
 ' assure yourselves, that under her auspicious reign, 
 ■'you will enjoy all the liberty, happiness and satisfac- 
 ■' tion, that good subjects can wish for ; under a most 
 ' gracious queen, and the best laws in the universe, I 
 
 * mean the laws of England, which all the world 
 ' would be glad to partake of, and none are so happy 
 ' to enjoy, but those whose propitious stars have placed 
 ' under the most happily constituted monarchy : I will 
 
 * not question, but that you on your parts, will do all 
 '.that can be expected from faithful subjects, both for 
 ' the satisfaction of the queen, the good arid safety of 
 'your country.; which must be attended with general 
 
 * satisfaction to all people. 
 
 ' In order to attain these good ends, I must earnestly 
 ' recommend it both to you, gentlemen of her majesty's 
 ' council, and you gentlemen of the assembly, to 
 'apply yourselves heartily and seriously to the recon- 
 'ciling the unhappy differences which have happened 
 ' in this province ; that as the queen has united the two 
 ' provinces, so the minds of all the people may be 
 ' firmly united in the service of the queen, and good 
 'of the country; which are all one, and cannot be 
 ' separated without danger of destroying both. 
 
 ' Gentlemen 
 
278 
 
 The history 
 
 A. I). ' Gentlemen, you are now met in general assembly, 
 1703. <Qjj purpose to prepare such bills to be passed into laws, 
 ^ to be transmitted into England for her majesty's 
 
 * approbation, as may best conduce to the settling of 
 
 * this province upon a lasting foundation of happiness 
 ' and quiet, only I must recommend it to you, that the 
 ' bills you shall think fit to offer, may not be rej)ugna.nt 
 ' to the laws of England, but as much as may be, 
 
 * agreeable to them. 
 
 ' I . must recommend to you, gentlemen, in the 
 
 * wording of your Bills, to observe the stile of enacting 
 
 * by the governor, council and assembly; and lii^ewise, 
 
 * that each different matter may be enacted by a different 
 
 * law, to avoid confusion. 
 
 ^ In all laws whereby you shall think fit to grant 
 ift * money, or to impose any fines or penalties, express 
 
 * mention may be made, that the same is granted or 
 ' reserved unto her majesty, her heirs or successors, for 
 ' the publick use of this province^, and the support of 
 
 * the government thereof. 
 
 ' Gentlemen, I am farther commanded by the queen, 
 
 * to recommend it to you, to raise arid settle a revenue 
 
 * for defraying the necessary charges of the govern- 
 
 * ment of this province, in order to support the dignity 
 *ofit. 
 
 * I am likewise commanded to recommend to your 
 
 * care, the preparing one or more bill or bills whereby 
 
 * the right and property of the general proprietors to 
 'the soil of this province may be confirmed to them, 
 'according to. their respective titles, together with all 
 
 * quit rents and all other privileges as are expressed in the 
 'conveyances made by the duke of York; except only 
 
 * the right of government, which remains in the queen. 
 
 ' Now, Gentlemen, I have acquainted you with some 
 'of those things which the king is desirous to have 
 ' done : I shall likewise acquaint you, that her majesty 
 ' has been graciously pleased to grant to all her subjects 
 'in this province, (except papists) liberty of consci- 
 ' ence. I must further inform you, that the queen 
 ' has commanded me not to receive any present from; 
 
 ' the 
 
Of new-jersey. 
 
 * the general assembly of this province ; and that no A. D 
 
 * person who may succeed me in this government, may ^''^^^* 
 ' claim any present for the future, I am commanded 
 
 * to take care, that her majesty's orders may be entered 
 
 * at large in the council books, and the books of 
 ' the general assembly. 
 
 ' Now, gentlemen, I have no more to offer to you 
 •' at this time, only I recommend to you dispatch in the 
 ' matter before you, and unanimity in your consulta- 
 
 * tions, as that which will always best and most etfectu- 
 ' ally conduce to the good of the whole.' 
 
 The governor's speech being read in the house, pro- 
 duced the following address, N. C. D. Address. 
 
 ' May it please your excellency, 
 
 ' I am commanded by this house, to return your 
 excellency our hearty thanks for your excellency's 
 many kind expressions to them, contained in your 
 excellency's speech ; and it is our great satisfaction, 
 that her majesty has been pleased to constitute your 
 excellency our governor. 
 
 ' W e are well assured the proprietors, by their surren- 
 der of their riglits to the government of this province, 
 have put us in circumstances much better than we 
 were in under their administration, they not being 
 able to protect us from the villainies of wicked men ; 
 and having an entire dependence on her majesty, that 
 she will protect us in the full cujoyment of our rights, 
 liberties and properties, do thank your excellency for 
 that assurance you are pleased to give us of it, and 
 think our stars have been very propitious in placing 
 us under the government and direction of the greatest 
 of queens, and the best of laws : And we do entreat 
 your excellency to believe, that our best endeavours 
 shall not be wanting to accomplish those things which 
 shall be for the satisfaction of the queen, the gene- 
 ral good of our country, and (if possible) to the 
 universal satisfaction of all people : With our prayers 
 to the God of Heaven, we shall Join our utmost 
 endeavours, to unite our unhappy dilFerences ; and 
 
 * liope 
 
The history 
 
 ' hope with the assistance of your excellency and council 
 'it will not be impossible to accomplish that blessed 
 
 * work. We shall follow the directions given in your 
 ' excellency's speech, with what disj^atch the nature of 
 'the things require; and hope, that all our consulta- 
 
 * tions may conduce to the best and greatest ends. 
 
 ' Memorandum, that all the members of this house 
 ' do agree to the subject matter above written, tho' 
 
 * several of them dissent from some of the expressions 
 ' therein contained.' 
 
 This address presented, the assembly, after regulat- 
 ing elections complained of, prepared several bills ; 
 but one only received the governor's assent : This related 
 to the purchasing of lands of tlie Indians, was pre- 
 pared pursuant to an article in Cornbury's instructions, 
 and prohibits purchases or gifts of lands being made 
 or received from the Indians without license of the 
 proprietors, after the 1st December, 1703, under 
 penalty of forfeiting forty shillings per acre; it also 
 retrospects and makes void all Indian bargains, gifts, 
 leases or mortgages, without an English title, unless 
 covered with a propriety right in six months thereafter. 
 This law is yet in force. 
 
 The governor put an end to this session, December 
 13, by observing to the assembly, that the season being 
 far advanced, it was absolutely necessary to conclude 
 business : That he wished the several bills before him- 
 self and them could have been dispatched ; but that 
 the matters contained in them, were of so great 
 moment, the difficulties so many, and the time so 
 short, that it was impossible to finish : That being now 
 acquainted with the nature of those difficulties, they 
 should come prepared in the spring to remove them, and 
 provide such good laws as might effectually ascertain the 
 rights of the several proprietors, and fully secure every 
 man's property. These being the points which would 
 most conduce to the peace and welfare of the colony, 
 
 recommended 
 
Of NEW-JEESEY. 
 
 281 
 
 recommended the council and assembly to employ their A. D. 
 serious thoughts, that the most eflFectual means to 
 attain those desirable ends might be discovered, and to 
 point out other useful laws, and concludes with obser- 
 ving, that they would ever find him ready to consent to 
 all such things as should be for the good of the whole. 
 
 In 1704, great inconveniencies were found, by the 
 same coin bearing different values in the provinces on Coin, 
 the continent ; to remedy this by one general medium, 
 queen Anne published her proclamation for ascertaining 
 the value of foreign coin in America; which seems to 
 claim a place here. 
 
 'By the QUEEN. 
 ' A proclamation for settling and ascertaining the cur- Proclama- 
 
 ' rent rates of foreign coins in her majesty's colonies 
 
 'and plantations in America. 
 
 ' We having had under our consideration the differ- 
 ' ent rates at which the same species of foreign coins do 
 'pass in our several colonies and plantations in Ame- 
 ' rica, and the inconveniencies thereof, by the indirect 
 ' practice of drawing the money from one plantation 
 ' to another, to the great prejudice of the trade of our 
 'subjects; and being sensible, that the same cannot be 
 'otherwise remedied, than by reducing of all foreign 
 ' coins to the same current rate within all our domini- 
 'ons in America; and the principal officers of our 
 ' mint having laid before us a table of the value of the 
 ' several foreign coins which usually pass in payments 
 ' in our said plantations, according to the weight and 
 'the assays made of them in our mint, thereby shewing 
 ' the just proportion which each coin ought to have to 
 'the other; which is as followeth, viz. Sevill pieces 
 ' of eight, old plate, seventeen penny weight, twelve 
 'grains, four shillings and six pence; Sevill pieces of 
 * eight, new plate, fourteen penny-weight, three shil- 
 ' lings and seven pence one farthing ; Mexico pieces 
 ' of eight, seventeen penny-weight twelve grains, four 
 'shillings and six pence ; pillar pieces of eight, seven- 
 'teen penny- weight twelve grains, four shillings and 
 
 ' six 
 
282 
 
 The history 
 
 A. D. ' six pence three farthings ; Peru pieces of eight, ol(3 
 1704. Opiate, seventeen penny-weight twelve grains, four 
 ' shillings and five pence or thereabouts ; cross dollars, 
 'eighteen penny-weight, four shillings and four pence 
 
 * three farthings ; ducatoons of Flanders, twenty pen- 
 
 * ny- weight and twenty-one grains, five shillings and 
 
 * six pence ; eau's of France or silver Lewis, seventeen 
 ' penny- weight twelve grains, four shillings and six 
 'pence; crusadoes of Portugal, eleven penny-weight 
 'four grains, two shillings and ten pence one farthing; 
 ' the silver pieces of Holland, twelve penny-weight 
 'and seven grains, five shilling and two pence one 
 'farthing; old rix dollars of the empire, eighteen 
 ' penny-weight and ten grains, four shillings and six 
 ' pence ; the half, quarters and other parts in proportion 
 ' to their denominations ; and light pieces in proportion 
 ' to their weight : We have therefore thought fit, for 
 ' remedying the said inconveniencies, by the advice of 
 ' our council, to publish and declare, that from and 
 ' after the first day of January next ensuing the date 
 ' hereof, no Sevill, pillar, or Mexico pieces of eight, 
 ' though of the full weight of sev^enteen penny- weight 
 ' and a half, shall be accounted, received, taken or 
 ' paid, within any of our said colonies or plantations, 
 ' as well those under proprietors and charters, as under 
 ' our immediate commission and government, at above 
 ' the rate of six shillings per piece, current money, 
 ' for the discharge of any contracts or bargains to be 
 ' made after the said first day of January next ; the 
 ' halves, quarters, and other lesser pieces of the same 
 'coins, to be accounted, received, taken, or paid in 
 ' the same proportion ; and the currency of all pieces 
 ' of eight of Peru, dollars and other foreign species 
 ' of silver coins, whether of the same or baser alloy, 
 ' shall after the said first day of January next, stand 
 ' regulated, according to v their weight and fineness, 
 ' according and in proportion to the rate before limited 
 ' and set for the pieces of Sevill, pillar and Mexico ; so 
 ' that no foreign silver coin of any sort, be permitted 
 
 * to exceed the same proportion upon any account what- 
 
 ' soever. 
 
Of new -jersey. 
 
 283 
 
 soever. And we do hereby require and command all A. D. 
 
 T ^1 _ 1704 
 
 our governors, lieutenant governors, magistrates, ^>^-^ 
 officers, and all other our good subjects, within our 
 said colonies and plantations, to observe and obey our 
 directions herein, as they tender our displeasure : 
 Given at our castle at Windsor, the eighteenth day 
 of June, 1704, in the third year of our reign.' 
 
 Cornbury met the assembly at Burlington the 7th of 
 September, and recommended the preparing a bill to Assembly 
 ascertain the rights of the general proprietors to the 
 soil of the province, to settle a fund for support of 
 government; and a French privateer having committed 
 depredations on the settlers about Sandy Hook, he 
 thence took occasion to press for a law to establish a 
 militia, and fix a watch house on the Navesink hills. 
 The house took the matters into consideration : It does 
 not appear but they intended to make such provision 
 on those occasions, as suited the circumstances of the 
 province, yet their proceedings on the whole, were 
 not to his mind ; on the 28th therefore, he abruptly 
 sent for and dissolved them, and issued writs for a new 
 election, to meet at Burlington the 13th of November Dissolved, 
 following : This election was industriously managed, 
 and a majority of members procured to his mind ; they 
 met at the time, and being divided in the choice of a 
 speaker, Peter Fretwell and John Bowne, candidates, 
 and the votes equal, they called upon their clerk, 
 (William Anderson,) to give the casting vote, which 
 he did for Fretwell, who was accordingly placed in the 
 chair then receiving the speech, they by an address 
 complimented Cornbury, with going through the affairs 
 
 of 
 
 i. The members of this assembly were, 
 
 For the Eastern division. 
 John Bown, Richard H-irtsliorne, Richard Salter, Obadiah Bown, 
 Anthony Woodw ird, John Tunison, John Lawrence, Jasper Crane, 
 Peter Vaneste, Thomas Gordon, John Barclay, John Royse. 
 
 For 
 
284 
 
 The history 
 
 A.^D. of government ' with great diligence and exquisite 
 ' management, to the admiration of his friends, and 
 ' envy of his enemies ; ' and passed a bill to raise two 
 thousand pounds^- per annum, by tax, for support of 
 government, to continue two years. 
 
 Several other laws were passed this session, and 
 amongst them one for establishing a militia, by the 
 unnecessary severity of which, those conscientiously 
 scrupulous of bearing arms in many parts were great 
 sufferers. 
 
 On the 12th of December, the governor adjourn'd 
 them till next year, with more encomiums on their 
 <x)nduct, than many of them got from their constitu- 
 ents on their return home ; during this whole session, 
 they had tamely suffered the arbitrary practices of 
 Cornbury, to deprive thera of three of their most sub- 
 stantial members, Thomas Gardiner, Thomas Lam- 
 bert and" Joshua Wright, under pretence of their not 
 owning land enough to qualify them to sit there, tho' 
 they were known to be men of sufficient estates ; and 
 the same assembly at their next meeting at Amboy, in 
 1705, themselves declare, 'the members had hereto- 
 
 * fore satisfied the house of their being duly qualified 
 
 * to sit in the same;' and they were then admitted, when 
 the purposes of their exclusion were answered : This 
 
 1705. sitting was in October and November, but produced 
 nothing of much consequence ; the session which fol- 
 lowed at^the same place in October, 1706, likewise 
 proved unsuccessful ; and now Cornbury again dissolv'd 
 the assembly. 
 
 ^ In 
 
 For the Western division. 
 Restore Lippincott, John Hujrg, John Kay, John Smith, Wil- 
 liam Hall, Joiin Mason, Tliomas Bryan, Robert Wheeler, Peter 
 Fretwell, Thomas Lambert, Thomas Gardiner, Joshua Wright. 
 
 k. The lieutenant governor Imgoldsby received L 600 out of this 
 mm. 
 
Of NEW-JERSEY. 
 
 285 
 
 In the 11th month this year, the council of proprie- A. D. 
 tors foi; the western division, met according to their 
 usual practice; present, William Biddle, president, Dissolved. 
 Samuel Jenings, George Deacon, John Wills, Wil- 
 liam Hall, Christopher Wetherill and John Kay; to 
 this council Cornbury sent an order to resolve him in 
 certain points proposed to them, which for some rea- 
 sons, were at present delayed ; but in the spring next 1707. 
 year, he sent for the council of proprietors to attend 
 hitn in council at Burlington, and there proposed sun- 
 dry questions on tlie same subject, demanding a catego- 
 rical answer to each ; they soon resolved hiin by send- 
 ing?- a summary of their constitution and establishment 
 as follows ; 
 
 ' The answer delivered to the governors three questions, 
 ' delivered to him by the council of proprietors. 
 
 'Whereas our governor the lord Cornbury, was Summary 
 'pleased at our attending on him in council, the tiiir- <>f West- 
 ' teenth day of this instant May, to require answers to (.(^i^^^iji 
 ' three questions, viz. who was the council of })ropri- pruprie- 
 ' etors the last year: and who are chosen for this year 
 ' 1707, and to have the names of them ? the second 
 ' is, what are the powers the said council pretend to> 
 'have? the third, by whom constituted ? 
 
 ' And in obedience thereto, we being part of the 
 'trustees, or agents commonly called the council of 
 'proprietors, are willing to give all the satisfaction w& 
 ' are able, in humble answer to his lordsiiips requirings, 
 ' viz. 
 
 ' First, the persons chosen for the last year to serve 
 'the proprietors as agents or trustees, were William 
 
 ' Biddle, 
 
 /. It was delivered to Co-mbniry in coiincil, the 30th, tlie pro- 
 prietors then present, were, Simnel Jenings, William Hall, Tho- 
 md< Gnrdiiier, John Wills, Jolin Kay, (Jhristoplier Wetherill and 
 Lewis MoiTis; wi'h the an-swer they delivered lo the governor and 
 council, two papers containing the names ol' several of the proprie- 
 tors, declaring their approWtion of the council, and oJie Indian 
 deed. 
 
286 
 
 The history 
 
 A. D. 'Biddle, Samuel Jenings, George Deacon, John "Wills, 
 'and Christopher Wetherill, for the county of Bur- 
 'lington; and John Reading, Francis Collings, John 
 ' Kay and William Hall, of Salem, for the county of 
 'Gloucester, and below; and for this present year 
 ' 1707, William Biddle, Samuel Jenings, Lewis 
 ' Morris, George Deacon, John Wills, John Kay, 
 ' John Reading, Thomas Gardiner and William Hall 
 
 * of Salem. 
 
 ' 2. In the year 1677, the first ship that came here 
 
 * from England, which brouo;ht the first inhabitants 
 ' that came to settle in these remote parts, by virtne of 
 ' Byllinge's right, before she sail'd the proprietors being 
 ' met together at London, thought it advisable to settle 
 
 * some certain method how the purchasers of land from 
 ' Byllinge, &c. should have their just rights laid forth 
 ' to them, concluded on a number of persons, viz. 
 ' Joseph Helmsly, William Emly, John Penford, 
 ' Benjamin Scott, Daniel Wills, Thomas Olive and 
 ' Robert Stacy, as should be called commissioners, and 
 ' they were first impowered to purchase what land they 
 ' could from the Indians, and then to inspect all rights, 
 
 * as any lands were claimed, and when satisfied therein, 
 ' to order the laying it out accordingly ; which com- 
 ' missioners when arrived here, did forthwith make 
 'several purchases of land, and acted as aforesaid, for 
 ' some time, till some of them being not longer able 
 ' to struggle with such hunger, and many other great 
 ' hardships as were then met withal, return'd again for 
 ' England ; so for preventing confusion among the 
 ' people, the assembly took the trouble of it on them ; 
 'this continued in practice till about the year 1687; 
 ' then the assembly having much other business, and 
 ' being not able to spend their time and money abroad, 
 ' would not longer be troubled with that business, as 
 ' was wholly belonging to the proprietors, and so threw 
 ' it out of the house, and told the proprietors they 
 ' might choose a convenient number of persons of 
 
 * themselves, to transact their own business : Aceord- 
 ' ingly the 14th day of February, the same year, the 
 
 ' proprietors 
 
Of new-jersey. 
 
 287 
 
 'proprietors met at Barlington, and then and there A.T>. 
 
 * chose and elected eleven persons of themselves, to act '^'^07. 
 ' for the whole, for the next ensuing year ; but then 
 'finding that so many and at such distances being hard 
 
 ' to be got together, they next year chose but nine, 
 ' and accordingly signed instruments for the confirm- 
 ' ing that constitution, of which his lordship has a 
 'copy; and the same methods have been every year 
 ' since practised to this present year 1707; and in all 
 
 * this time no inconveniencies hath arisen from it, but 
 
 * on the contrary, much ease and advantage to the pro- 
 ' prietors ; as by a further declaration of many other 
 ' of the proprietors under their hands, is ready to be 
 ' proved. 
 
 ' Now as to the powers of those as are now and 
 ' have all along been, they are the same with the 
 ' first til at came over from England in the year 1677; 
 ' that is to say, to purchase land of the Indians, with 
 
 * the consent and advice of the said proprietors as 
 
 ' cliose them, and to inspect the rights of every man ^ 
 
 'as shall claim any land, so that the same may be sur- 
 
 ' veyed to him or them ; and for the more easy and 
 
 ' si)eedy settling of the province, commissioners have 
 
 ^ been appointed in each county, to inspect all rights as 
 
 ' aforesaid ; the said agents, trustees or council, also to 
 
 * clioose a recorder, a surveyor general and rangers in 
 ^ each county, to range for the benefit of the said 
 ^ general proprietors, and to appoint persons to prevent 
 •' tlie wasting and destroying of the proprietors timber, 
 "' upon their unsur veyed lands, &g. 
 
 ' The proprietors residing in England, have had 
 ' knowledy-e of a committee of the ag-ents or trus- 
 ' tees of the proprietors here, who were to act and 
 ' negotiate their affairs by their agents, from time 
 ' to time, acting in conjunction with them, as Adlord 
 ' Boud, John Tathara, agents to doctor Coxe ; and 
 ' when Jeremiah Bass was agent, he acted with them 
 "'aiso; after him, when our late governor Hamilton 
 
 * was made agent, he acted as one of the said agents, 
 trustees or council for several years, and was president 
 
 'of 
 
288 
 
 The history 
 
 A. D. < of the same r and now Lewis Morris as agent to the 
 • * society, is one of the said trustees or council; and 
 
 * not only the agents of the agents of the proprietors 
 ' at home, but any proprietor now hath, and have had 
 ' liberty, to come and meet with the said agents, tru- 
 ' stees or council, when he or they pleased. 
 
 ' Lastly, as to the constitution of the said agents, 
 ' trustees or committee, and by whom constituted ; it 
 *is on certain days in the county of Burlington and 
 ' Gloucester, yearly and every year, they are chosen 
 
 * by the proprietors : The above is as good an account 
 ' as we that are present are able to give, in answer to 
 
 * what was required of us by his lordship, and pray it 
 ' may hnd acceptance as such ; but if any further thing 
 ' may seem needful to be answered, we humbly })ray 
 ' it may for this time be suspended, till the whole can 
 
 * be got together.' 
 
 The writs for a new assembly were returnable to 
 Burlington, the 5th of April, 1707. In this Assembly 
 it soon appeared, Cornbury had not the success in 
 elections as in the last choice; his conduct was arbi- 
 trary, and the people dissatisfied ; the assembly chose 
 Samuel Jeniugs, speaker,™- received the governor's 
 speech, and soon after resolved into a committee of the 
 whole house to consider grievances; this committee 
 continued sitting from day to day, till at length they 
 agreed upon fifteen resolves, and by petition to the 
 queen laid them before her, on the 8th of the month 
 called May, they also remonstrated their grievances 
 to the governor, as follows : 
 
 May 
 
 m. The members now were, 
 
 For the Eastern division. 
 John Harrison, Lewis Morris, p^lisha Parker, Thomas Farmer, 
 Jas()er Crane, Daniel Price, John Bown, William Lawrence, Wil- 
 liam Morris. Enoch Mackelson, John Royce, Thomas Gordon. 
 For the Western division. 
 Peter Canson, William H-iW, Richard Johnson, John Thomson, 
 Bartholomew Wyait, John Wills, Thomas Bryan, iSamuel Jenings, 
 Thomas Gardiner, John Kay, Philip Rawle. 
 
Of new- jersey. 289 
 
 ' May it please the governor, 1707' 
 
 ' We, her nmiesty's loyal subjects, the representatives 
 ' of the province of New- Jersey, are heartily sorry, 
 ' that instead of raising such a revenue as is by the 
 ' governor (as we suppose by the queen's directions) 
 ' required of us, we are obliged to lay before hi in the 
 ' unhappy circumstances of this province : it is a talk 
 ' we undertake not of choice, but necessity, and have 
 ' therefore reason to hope, that what we say may meet 
 ' with a more favourable reception. 
 
 ' We pray the governor to be assured, it is our mis- 
 ' fortune extorts this procedure from us, and that we 
 ' should betray the trust reposed in us by our country, 
 ' did we not endeavour to obtain relief. 
 
 ' The governor encourages us to hope, he will not be 
 ' deaf to our entreaties, nor by his denial render our 
 ' attempts for the best ends fruitless. 
 
 'We may not perchance rightly apprehend all the 
 ' causes of our sufferings, but have reason to think 
 ' some of them are very much owing to the governor's 
 ' long absence from this province, wjiich rend(»rs it 
 ' very difficult to apply to him in some cases which 
 ' may need a present help. 
 
 ' It were to be wished the affairs of New- York 
 
 * would admit the governor oftener to attend those of 
 ' New-Jersey, he had not then been unacquainted with 
 
 * our grievances ; and we are inclined to believe they 
 ' would not have grown to so great a number. 
 
 ' It is therefore, in the first place, humbly presented 
 ' to the governor's consideration, that some persons 
 ' under sentence of death for murder, have not only 
 ' remained till this time* unexecuted, (they being con- 
 ' demned not long after lord Cornbury's accession to 
 ' this government) but often have been suffered to go 
 ' at large ; it's possible the governor has not been 
 ' informed, that one of those persons is a woman who 
 ' murdered her own child ; another of them a woman 
 ' who poisoned her husband : The keeping of them so 
 ' long has been a very great charge, and how far it's a 
 ' reflection o"n the publick administration, to suffer such 
 
 T ' wretches 
 
The history 
 
 ' wretches to pass with impunity, we dare not say ; but 
 ^ sure the blood of those innocents cries aloud for ven- 
 'geance, and just Heaven will not fail to pour it down 
 ' upon our already miserable country, if they are not 
 ' made to suffer according to their demerits. 
 
 ' Secondly, we think it a great hardship, that persons 
 ' accused for any crime, should be obliged to pay court 
 ' fees, notwithstanding the jury have not found the 
 
 * bill against them ; they are men generally chose out 
 ' of the neighbourhood, and should be the mgst sub- 
 ' stantial inhabitants, who cannot well be supposed to 
 
 * be ignorant of the character of the person accused, 
 ' nor want as good information as may be had ; when 
 ' therefore they do not find the bill, it is very reasonable 
 
 * to suppose the accused person innocent, and conse- 
 ^ quently no fees due from him ; we pray therefore, 
 ' that the governor will give his assent to an act of 
 
 * assembly to prevent the like for the future; otherwise 
 
 * no person can be safe from the practices of designing 
 
 * men, or the wicked effects of a vindictive temper. 
 
 ' Thirdly, the only office for probate of wills being 
 
 * in Burlington, it must be very expensive and incon- 
 
 * venient for persons who live remote to attend it, espe- 
 ' cially for the whole Eastern division ; we therefore 
 ^ pray the governor will assent to an act to settle such 
 ' an office in each county, or at least in each division of 
 
 * this province, and that the officers be men of good 
 ' estates, and known integrity in the said county or divi- 
 ' sion. . 
 
 ' Fourthly, that the secretary's office is not also kept 
 
 * at Amboy, but that all the Eastern division are forced 
 ' to come to Burlington, that have any business at said 
 ' office, is a grievance which we hope the governor 
 
 * will take care to redress ; it seeming inconsistent with 
 ^ the present constitution of government established by 
 
 * the queen, which doth not admit one of the divisions 
 ' of this province to enjoy more privileges than the 
 
 * other ; we therefore entreat the governor not to take 
 ^ it amiss, that we desire his assent to an act to be pass'd 
 
 * to oblige the secretary to keep the office at both places. 
 
 Fifthly, 
 
Of kEW-JERSEY. 
 
 291 
 
 ' Fifthly, the granting of patents to cart goods on A. D. 
 
 * the road from Burlington to Amboy, for a certain 1707. 
 
 * number of years, and prohibiting others, we think 
 ' to be a grievance that is contrary to the statute 21 Jac. 
 ' 1. c. 3. against monopolies; and being so, we doubt 
 ' not, will easily induce the governor to assent to an act 
 ' to prevent all such grants for the future ; they being 
 ' destructive to that freedom which trade and commerce 
 
 * ought to have. 
 
 ' Sixthly, the establishing ■ fees by any other power 
 
 * or authority than by the governor, council and repre- 
 ' sentatives met in general asssembly, we take to be a 
 
 * great grievance, directly repugnant to Magna 
 ' Charta, and contrary to the queen's express instruc-^ 
 
 * tions in the governor's instructions, which says, 
 You are to take care, that no man's life, member, 
 
 " freehold or goods, be taken away or harmed in 
 " our province, under your government, otherwise 
 " than by established and known laws, not repugnant to, 
 but as near as much as may be, agreeable to the laws 
 " of England ; " we therefore pray, that the governor 
 ^ will assent to an act to be pass'd to settle fees; without 
 ' which we think no more can be legally demanded, 
 
 * than the persons concerned by agreement oblige 
 ^ themselves to pay. 
 
 Sev^enthly, the governor putting the former publick 
 ' records of the Eastern division of this province into the 
 
 * hands of Peter Sonraans, pretended agent to the propri- 
 ' etors, one that does not reside in the province, nor has 
 
 * not given security for the well and true keeping of them, 
 ' as is by the queen directed, and kept them so that her 
 
 * majesty's subjects cannot have recourse to them ; and 
 ' their being carried out of the div^ision, is a great and 
 'crying grievance: They are the only evidences that 
 ' one half of this province has to prove the titles to their 
 ' estates, and this house is humbly of opinion, they 
 ' ouglit to be so kept, that persons may have recourse to 
 ' them ; and in the hands of such of whose fidelity there 
 ' is no reason to doubt ; this being a thing so reasonable, 
 
 * encourages us to request the governor to assent to an 
 
 ' act 
 
292 
 
 The history 
 
 A. D, ' ' act to be passed to put them in proper hands for the 
 1707. ( fyture^ t;hat tlie country may not be under the same 
 ' disappointments they now are. 
 
 ' These, governor, are some of the grievances this 
 ' province complains of, and which their representa- 
 ' tives desire may be redressed ; but there are others of a 
 
 * higher nature, and attended with worse consequences ; 
 'they cannot be just to the governor, themselves, or 
 ' their country, should they conceal them : We did 
 ' expect when the governnEient of the J ersies was surren- 
 
 * dered, to feel the benign influences of the queen's mild 
 'government, under her more immediate administra- 
 
 * tion, and to be protected in the full enjoyment 
 ' of our liberties and properties, the last of which we 
 ' thought ourselves something more secure in than some 
 'of the neighbouring plantations; and had an entire 
 ' dependance that her majesty's royal bounty and good- 
 ' ness would never be wanting to make us easy and 
 ' happy, even beyond oiir wishes : It is our misfortune, 
 ' that we must say, the success has not answered the 
 ' expectation, and the queen's subjects here have felt 
 ' the reverse of what they had most reason to hope ; that 
 ' greatest and best of princes is, without all perad- 
 ' venture, ignorant of our pressures, or we had long 
 ' since had relief ; she is too good to continue even the 
 ' deserved sufferings of the miserable, and has more of 
 ' Heaven in her than to hear the cry of those that groan 
 ' under oppression, and the unkind effects of mistaken 
 ' power, to whom we owe our miseries ; and what they 
 ' are, the sequel shews. 
 
 ' In the first place, the governor has prohibited the 
 ' proprietors agents, commonly called the council of 
 'proprietors, from granting any warrants for taking 
 ' up of land in the Western division of this province : 
 ' We cannot see by what law or reason any man's pro- 
 ' perty can be disposed of by the governor without his 
 ' consent : The proprietors when they surrendered their 
 ' government, did not part with their soil, and may 
 ' manage it as they think fit, and are not to take direc- 
 ' tions from any person whatsoever, how and when to 
 
 'do 
 
Of N E W - J e r s e y . 
 
 293 
 
 ''do it; if any persons concerned be grieved, the laws A. D. 
 
 'are open, by which disputes in property are decided; 1'07, 
 
 ' and he doubtless will not be left remediless. We are 
 
 * very sorry the governor gives us occasion to say, it is 
 
 ' a great encroachment on the proprietors liberties ; but 
 
 ' we are not suprised at it, when a greater encroach- 
 
 ' ment on our liberties lead the way to it, and that was 
 
 ' the governor's refusing to swear or attest three mem- 
 
 ' bers of the last assembly upon the groundless sugge- 
 
 ' stions of Thomas Revel and Daniel Leeds, two mem- 
 
 ' bers of the queen's council, by which they were kept 
 
 orit of the assembly : We are too sensibly touch'd with 
 ' that procedure, not to know what must be the una- 
 ^ voidable consequences of a governor's refusing to swear 
 ' which of the members of an assembly he thinks fit ; 
 ' but to take upon himself the power of judging of 
 ' the qualifications of assembly-men, and to keep them 
 
 out of the house (as the governor did the aforesaid 
 ' three members nigh eleven months till he was satis- 
 ' fied in that point) after the house had declared them 
 ' qualified ; is so great a violation of the liberties of 
 ' the people, so great a breach of the privileges of the 
 ' house of representatives, so much assuming to him- 
 ' self a negative voice to the freeholders election of 
 ' their representatives, that the governor is entreated to 
 ' pardon us, if this is a different treatment from what 
 ' we expected : It is not the effects of passionate heats, 
 ' the transports of vindictive tempers ; but the 
 ' serious resentments of a house of representatives, for 
 ' a notorious violation of the liberties of the people, to 
 ' whom they could not be just, nor answer the trust 
 ' reposed in them, should they decline letting the 
 ' governor know they are extremely dissatisfied at so 
 ' unkind a treatment, especially when its causes and 
 ' effects cons})ire to render it so disagreeable. 
 
 ' It is notoriously known, that many considerable 
 'sums of money have been raised to procure the disso- 
 ' lution of the first assembly, to get clear of *the pro- 
 ' prietors quit-rents, and to obtain such officers as the 
 ' contributors should approve of .; this house has great 
 
 ' reason 
 
294 
 
 The history 
 
 A. D. ' reason to believe, the monev so e-atbered was given to 
 A<u/. < lord Cornbiiry, and did induce him to dissolve the 
 ' then assembly, and by his own authority keep three 
 ' members out of the next assembly, and put so many 
 
 * mean and mercenary men into office ; by which cor- 
 
 * rupt practice, men of the best estates are severely 
 
 * harrassed, her majesty's good subjects in this province 
 ' so impoverished, that they are not able to give that 
 ' support to her majesty's government as is desired, 
 ' or as they would be otherwise inclined to do ; and we 
 
 * cannot but be very lineasy when we find by these new 
 ' methods of government, our liberties and properties 
 *so much shaken, that no man can say he is master of 
 ' either, but holds them as tenant by courtesy and at 
 
 * will, and may be stript of them at pleasure : Liberty 
 
 * is too valuable a thing to be easily parted with, and 
 'when such mean inducements procure such violent 
 
 * endeavours to tear it from us, we must take leave to 
 ' say, they have neitlier heads, hearts,, nor souls, that 
 'are not moved with the miseries of their country, and 
 ' are not forward with their utmost power lawfully to 
 
 * redress them. 
 
 ' We conclude, by advising the governor to consider 
 ' what it is that principally engages the affections of a 
 'people, and he will find no other artifice needful than 
 ' to let them be unmolested in the enjoyment of what 
 ' belongs to them of right ; and a wise man that despises 
 ' not his own happiness, will earnestly labour to regaiu 
 ' their love. 
 
 By order of the house, 
 
 ' Samuel Jenings, speaker.* 
 
 By this remonstrance may be seen much of the 
 history of the times, and that tho' things were carried 
 to arbitrary lengths, there were not wanting in the pro- 
 vince, men of discernment to see and lament the un- 
 happy situation of their country, and of spirit to 
 oppose it's greatest eaemies ; several such were in this 
 
 * assembly 
 
Of new -jersey. 
 
 295 
 
 assembly, the speaker in particular,"-- had very early 
 known New-Jersey, had lived thro' many changes 
 and commotions, to see great alterations in it; much 
 concerned in publick transactions, he knew what 
 belonged to a public character; he had governed 
 the western part of the Province for several years, 
 with integrity and reputation; saw the advantages 
 of a just confidence, and that it could not be acquired 
 another way ; that though the office was in itself re- 
 spectable, it was the honest execution of it according 
 to it's dignity, that produced the intended service, and 
 secured the approbation of a kind but watchful 
 mistress ; for such queen Anne was accounted to her 
 governors. Jenings was also undaunted, and lord 
 Cornbury on his part, exacted the utmost decorum; 
 while as speaker he was delivering the remonstrance, 
 the latter frequently interrupted him with a stop, what's 
 that, &G. at the same time putting on a countenance 
 of authority and sternness, with intention to confound 
 him; with due submission, yet firmness, whenever 
 interrupted, he calmly desired leave to read the passages 
 over again, and did it with an additional emphasis upon 
 those most complaining ; so that on the second reading 
 they became more observable than before ;o. he at 
 length got through; when the governor told the 
 house, to attend him again on Saturday next, at 11 
 o'clock, to receive his answer ; he did not get ready till 
 the twelfth, when sending for the house, he delivered 
 his answer. 
 
 n. Lewis Morris, also now distinguished himself with great acti- 
 vity in behalf of privilege, and had a large share in the whole 
 conduct of this assembly ; of him more hereafter. 
 
 0. After the house was gone, Cornbury with some emotion, told 
 those with him, that Jenings had impudence enough to face the D — /. 
 
 CHAP. 
 
The history 
 
 CHAP. XYI. 
 
 Lord Cornbury's answer to the assembly's remonstrance. 
 'Gentlemen, 
 
 ON thiirsday last I received a paper from you, 
 which you call a remonstrance ; I then told you, 
 ' it was of an extraordinary nature, and contained many 
 
 * particulars, which tho' they lay open enough to receive 
 ' an immediate answer, yet because I would not put it 
 ' in your power to say I had given you a rasli inconside- 
 ' rate answer, I would make no return to it till the 
 ' Saturday following, at which time I sent you word by 
 ' the secretary, that I should not expect your attendance 
 ' till this day. I shall not take notice of any thing in 
 ' your preamble, but the two last clauses of it ; in the 
 ' first of which you say, that you have reason to think 
 
 * that some of yQur sufferings are owing to the gover- 
 
 * nor's long absence from this province, which renders 
 ' it very difficult to apply to him in some cases that 
 
 * may need a present help : This is so far. from being 
 'true, that besides my being twice in this province 
 ' every year, and have never staid less than a Month, 
 ' some times six weeks, or more, the post goes every 
 ' week to New- York, by which I may be easily in- 
 ' formed of any emergency ; moreover the lieutenant 
 
 * governor, colonel Ingoldsby, resides constantly in 
 'this province,. and would certainly have done right to 
 ' any persons that would have complained to him ; 
 ' which makes this allegation very frivolous. 
 
 ' In the next clause you say, that it were to be wished 
 ' that the affairs of New- York would admit the 
 ' governor oftener to attend those of New- Jersey. The 
 
 * affairs of New-York have, never hindred the gover- 
 ' nor from attending those of New- Jersey, whenever 
 
 * it has been requisite ; and I can safely say, I don't 
 ' know of any grievances this province labours under, 
 ' except it be the having a certain number of people 
 
 ' in 
 
Of N E W - J E li 8 E Y . 
 
 297 
 
 ^ in it, who will never be faithful to, nor live quietly A. D. 
 ^ under any government, nor suffer their neighbours 
 ' to enjoy any peace, quiet or happiness, if they can 
 ^ help it. 
 
 ' I now begin with your articles. 
 ' Two women that have been condemned for mur- 
 ' dering, have not been executed, there having appeared 
 ' most notorious malice and revenge in some people, 
 ' who were zealous in these prosecutions ; the queen 
 
 * is the fountain of honour, justice and mercy ; and 
 ^ as she is so, she may when she pleases, exert her mer- 
 ^ cy, either in reprieving or pardoning any criminal : 
 ' That power of pardoning and reprieving after con- 
 ' demnation, the subjects of this province, her majesty 
 ' has been pleased to intrust me with ; and I am no 
 ' ways accountable to any person or number of persons 
 ' whatsoever, for what I do iu those matters, but to the 
 ' queen's majesty alone. 
 
 ^ As for what you say, with relation to the appre- 
 ' hensions you have, that just heaven will not fail to 
 ' pour down vengeance upon your already miserable 
 'country, if these criminals are not made to suffer 
 ' according to their demerits : I am of opinion, that 
 ' nothing has hindered the vengeance of just heaven 
 ' from falling upon this province long ago, but the 
 ' infinite mercy, goodness, long suffering, and forbear- 
 ' ance of almighty God, who has been abundantly 
 
 * provoked by the repeated crying sins of a perverse 
 
 * generation among us, and more especially by the 
 ' dangerous and abominable doctrines and the wicked 
 ' lives and practices of a number of people ; some of 
 ' whom under the pretended name of christians, have 
 ' dared to deny the very essence and being of the saviour 
 ' of the world : It is a strange thing, that such an assem- 
 ' bly of men as the representatives of the people of this 
 ' province are or ought to be, should complain of any 
 ' thing under the name of hardship, before they had 
 ' informed themselves whether the thing they had a mind 
 ' to complain of, were really a hardship or not : This 
 ^plainly is your case at this time; for if you had asked 
 
 any 
 
 * 
 
298 
 
 The history 
 
 any man, that knows any thing of the practice of 
 the law in England, you would have found, that 
 if any proceedings had been carried on against any 
 persons supposed to be guilty, they have always 
 paid the court fees, notwithstanding the grand jury 
 have not found the bill ; and this is so known a 
 practice, that it is not to be disputed ; but when men 
 will intermeddle with, or pretend to things which 
 they neither know nor understand, they cannot 
 fail of misguiding themselves, and misleading those 
 that have a mind to be guided by them. 
 
 ^ Indeed, if juries in this country were as they ought 
 to be, the supposition might in some measure be 
 allowed ; but we find by woful experience, that there 
 are many men who have been admitted to serve upon 
 grand and petty juries, who have convinced the world 
 that they have no regard for the oaths they take, espe- 
 cially among a sort of people, who under a pretence 
 of conscience, refuse to take an oath ; and yet many 
 of them under the cloak of a very solemn affirmation, 
 dare to commit the greatest enormities, especially if 
 it be to serve a friend, as they call him ; and these are 
 the designing men, and the vindictive tempers, of 
 which all the queen's good subjects ought to bew^are, 
 and be protected from ; and these are the crying sins 
 which will undoubtedly draw down the vengeance of 
 just hea,ven upon this province and people, if not 
 timely and seriously repented of. 
 
 ' If I could persuade myself to wonder at any of the 
 enormities contained in this remonstrance (and 
 which I would do if it came from any other men) it 
 should be at this ; because no reasonable man can 
 persuade himself to believe, that a number of men 
 chosen by their country to represent them, would pre- 
 sume to complain of a thing as a grievance, when the 
 thing complained of is in f^ict not true ; for the office 
 of probate of wills is wherever the governor is ; con- 
 sequently not at Burlington only : Ever since the queen 
 has done me the honour to entrust me with the govern- 
 ment of this province, I have never failed of being 
 
 'in 
 
Of new-jersey. 
 
 299 
 
 ^in the province twice every year, once at Burlington, A.D. 
 
 * and once at Amboy ; except the last year, that I had 1707. 
 ' the unspeakable misfortune of losing a wife, whom 
 
 ' I loved as my Own soul, after a very long tedious 
 ' sickness, during which lam persuaded no reasonable 
 ' man could expect I should leave her for any time; and 
 ' yet notwithstanding that, I was twice at Amboy last 
 ' year, where any body that had a will to prove, might 
 ' have had it done if they had pleased ; besides my 
 ' being twice every year in the province, considering 
 ' the remoteness of Cape-May county and the county 
 ' of Salem, I did appoint a surrogate at Burlington, 
 
 * before whom any of the inhabitants of either division 
 ' might have had their wills proved ; I did not think 
 ' it necessary to appoint one in the Eastern division 
 ' because the inhabitants of that division who are most 
 ' remote from New- York, are within a very easy day's 
 'journey of my surrogate at Burlington, and much the 
 ' major part of the people of that division, are within 
 ' a small day's journey of New-York, where their pri- 
 
 * vate alFairs daily calls many of them, and where any 
 ' of them may have their wills proved without any 
 ' injury to, or encroachments upon their properties,. 
 ' rights or privileges : This is so certain a truth, that I 
 
 * am persuaded all judicious and impartial men will 
 
 * look upon this complaint to be malicious, scandalous,. 
 ' and frivolous, contrived only to amuse poor ignorant 
 
 * people with notions of grievances ; when in truth 
 ' there is no manner or cause of complaint : Besides 
 
 * what you desire, is a direct invasion of the queen's 
 ' prerogative ; for it belongs to her majesty alone to 
 ' appoint who shall take probate of wills, and grant 
 
 ' letters of administration ; and that power the queen • 
 ' has been pleased to vest in the governor ; and I am 
 
 * sure I will never so far betray the trust her majesty has 
 ' honoured me with, as to sacrifice her prerogative 
 ' royal, to the humours of any person or persons what- 
 ' soever : But of all the people in the world, the qua- 
 ' kers ought to be the last to complain of the hardships 
 
 * of travelling a few miles upon such an occasion, who 
 
 'never 
 
500 
 
 The history 
 
 A. D. ' never repine at the trouble and charo;es of travelling; 
 
 x/u/, ( several hundred miles to a yearly meeting, where it is 
 ' evidently known, that nothing was ever done for the 
 'good of the country, but on the contrary continual 
 ' contrivances are carried on for the undermining of 
 
 * the government both in church and state. 
 
 ' You have had as little regard to the truth of mat- 
 
 * ter of fact in this complaint^ as in some of the rest ; 
 ' for it is certain, that the secretary's office is kept at 
 ' Amboy, as well as at Burlington, as far as the na- 
 ' ture of the thing requires, and it can admit of, for the 
 'records of the eastern division, or at least so many of 
 ' them as the agent for the proprietors of that division 
 ' could hitherto recover from one Thomas Gordon, 
 ' into whose hands they were put in the time of the pro- 
 ' prietors government, and who has embezzled several 
 ' of them, for which he must be answerable : there is a 
 ' supreme court held once every year at Amboy, there 
 ' is no more at Burlington ; so that one division does not 
 ' enjoy more privileges and advantages than the other ; 
 ' and you have no more reason to desire a secretary's office 
 ' to be settled at Amboy, than the people of the county of 
 ' Cumberland M^ould have to desire a secretary of state's 
 'office to be settled in their connty, because it is a great 
 ' way for them to travel to London when they have any 
 ' business in the secretary's office ; the thing is incon- 
 ' sistent in itself, to have two secretaries offices in the same 
 ' province, and consequently unreasonable, and I am 
 ' pretty well satisfied without precedent ; besides I don't 
 ' know any body that can claim the right or power of 
 'appointing a secretary in this province but the queen, 
 ' and she has been pleased to appoint one under the 
 
 • ' great seal of England, and her majesty is pleased to 
 ' think one sufficient, as undoubtedly it is ; but if you 
 ' had thought that another had been necessary, it would 
 ' have been much more modest to have acquainted me 
 ' with it, that I might have humbly represented it to her 
 ' majesty, rather than to have remonstrated that as a 
 ' grievance, which is done in pursuance of the queen's 
 
 * commands : But this is of the same nature with the 
 
 ' rest 
 
Of i^EW - jersey 301 
 
 rest of your complaints, contrived on purpose to a- A- p. 
 muse the poor ignorant people with a notion of grie- 
 vances, when in truth there is not the least colour or 
 cause of complaint. I could wish, since you had a 
 mind to colour this complaint with the authority of 
 an act of parliament of England, that you had 
 advised with some lawyer, to know whether this 
 could be any ways brought under that statute, or 
 can by any construction in the world be called a 
 monopoly; but where a man engrosses a commodity 
 into his own hands, and imposes what unreason- 
 able price he pleases upon that commodity, or where 
 a man is suffered to enjoy any trade or occupation 
 exclusive of others, to the prejudice of the pub- 
 lick, or particularly the hindering or burthening of 
 trade ; the thing now complained of is so far from 
 being of that nature, that it is directly contrary ; for 
 by the patent now complained of, the subjects of this 
 province have the conveniency of sending such quan- 
 tities of goods to and from Burlington and Amboy,. 
 as their private occasions, or the nature of their trade 
 requires, at reasonable and certain rates, and at certain 
 times, which they "never could do before ; for before 
 the settling of this waggon, if any persons had occasion 
 to send any goods to or from either of those places, 
 they were forced to hire a waggon, tho' perhaps they 
 had not the tenth part of a load, and were forced to 
 pay such rates as the owners of the waggon thought 
 fit to impose upon them ; whereas at present every 
 body is sure once a fortnight to have an opportunity of 
 sending any quantity of goods, great or small, at 
 reasonable rates, without being; in danger of being- 
 imposed upon at the will of the owner of the waggon ; 
 and the settling of this waggon is so far from being a 
 grievance or a monopoly, that by this means and no 
 other, a trade has been carried on between Philadel- 
 phia, Burlington, Amboy and New- York, which 
 was never known before ; and in all probability would 
 never have been, had it not been for this certain 
 convenient way of sending such quantity of goods 
 
 ' as 
 
S02 
 
 The history 
 
 A. D. 
 1707. 
 
 as people pleased from place to place ; and in all the 
 parts of Europe, the having piiblick carriages for 
 goods has always been esteemed of absolute necessity, 
 and the want of them has been looked upon as a hard- 
 ship : But it seems those things which in the wisest 
 and best governments in Europe, have not only been 
 thought convenient but esteemed of absokite necessi- 
 ty, are found out by some of our wiser people here, 
 to be grievances and monopolies : This being un- 
 doubtedly true, it's plain the patent complained of 
 cannot come within the stat. of the 21 Ja. 1. chap. 3. 
 This I believe will be sufficient to convince all reason- 
 able men, how frivolous and unreasonable this com- 
 plaint is. I shall observe, that when I was first applied 
 to for a patent for the allowing this waggon, which 
 was by one Dellaman, who in colonel Hamilton's 
 time was permitted to drive a waggon for carrying 
 goods, tlio' under no regulation, either with respect 
 to times of going, or prices for carrying goods, q,nd 
 then was no monopoly ; before I would grant it, I did 
 acquaint the council with it, and desired them to let 
 me know, if they apprehended any inconveniency in 
 granting such a patent ; those gentlemen were all of 
 opinion, there could be no inconveniency in it, but 
 rather a great conveniency ; and indeed experience 
 has proved that opinion to be true ; nay, mr, Lewis, 
 Morris himself, the chief promoter of these unreason- 
 able and frivolous complaints at this time, who had 
 the honour to be one of her majesty's council, ex- 
 pressed himself very fully to that purpose : Indeed 
 had that gentleman ever been consistent with himself 
 in any two actions of his life, I should wonder how 
 he could so soon alter his opinion in a case of tfiat 
 nature : but his behaviour at all times having fully 
 convinced the world that he never was so, makes me 
 cease wondering : This clause of your remonstrance is 
 indeed of a more extravagant nature than the former, 
 for you presume to call that a. great grievance, and 
 affirm it to be directly contrary to magna charta, and 
 ^-contrary to the queen's express directions in the 
 
 ' governor's 
 
Of new-jersey. 
 
 303 
 
 'governor's instructions; which is most certainly ex- 
 ' actly pursuant to, and in obedience of the express 
 ' words contained in the queen's instructions to the 
 * governor ; so that you make the governor's faithful 
 ' obedience to the instructions the queen has honoured 
 ^him with, to be a great grievance; which is no less 
 ' than accusing her most sacred majesty, the best of 
 ' queens, of commanding her governor to do things 
 ' which in themselves are great grievances; how grate- 
 ' ful a return this is to her majesty, for the repeated 
 favours she has been pleased to shew to this province 
 ^ and people, let the world judge ! 
 
 ' Tliat clause of my instructions which you recite 
 ' in this article, has no manner of relation to fees ; in- 
 ^ deed there is another clause in my instructions, which 
 ^ directs how, and by whom, all fees shall be settled, 
 ' and the queen's commands have been observed ; the 
 ' VN^ords of the clause are those, " And you are with 
 " the advice and consent of our said council, to take 
 " especial care to regulate all salaries and fees belonging 
 " to places, or paid upon emergencies, that they be 
 " within the bounds of moderation, and that no exac- 
 " tion be made on any occasion whatsoever ; as also that 
 " tables of all fees be publickly hung up in all places 
 " where such fees are to be paid, and you are to trans- 
 " mit copies of all such tables of fees to us, and to our 
 " commissioners for trade and plantations as aforesaid ; " 
 ' and I challenge every one of you, and all mankind, 
 ' to shew, how, when, and where, any man's life, 
 ' member, freehold, or goods, have been taken away, 
 ' or harmed in this province, since it came under her 
 ' majesty's government, otherwise than by established 
 ' and known laws, not repugnant to, but as much as 
 ' may be, agreeable to the laws of England : When I 
 ' first read this clause, I could not imagine what it was 
 ' put in for, unless it were on purpose to arraign the 
 ' queen's express commands to me. First, Mr. Son- 
 ' mans is not the pretended agent, but the lawfully 
 ' constituted agent for the proprietors of the eastern 
 "^division of this province, and has oualified himself 
 
 ' according 
 
304 
 
 The history 
 
 A. D. ' according to the queen's instructions to me, and he 
 1707. i does reside the greatest part of his time in the pro- 
 ' vince ; the records are not carried oat of the Eastern 
 .'division, unless it be those which Thomas Gordon 
 ' has imbezzled ; but those that came to the hands of 
 'Mr. Sonmans are kept at Amboy, where any body 
 ' may have recourse to them that will desire it, at any 
 ' reasonable hour ; and the country is not under any 
 ' disappointment upon that account ; besides the records 
 ' of the Eastern division were put into the hands of the 
 ' proprietors agent, by an order from England, upon a 
 ' complaint made in England, that the records were 
 
 * not in the hands of the proprietors agents. 
 
 " These, governor, are some of the grievances." 
 ' This is certainly one of the boldest assertions that 
 ' ever was made, especially w^hen there appears no man- 
 ' ner of proof to make it out : When I read these two 
 ' clauses ; for there are two before you come to enume- 
 ' rate these grievances of an higher nature, and attend- 
 ' ed with worse consequences, I expected to have found 
 ' myself, or some other persons intrusted with me in 
 
 * the administration of the government over her ma- 
 'jesty's subjects in this province, not only accused, but 
 
 * made plainly appear, by undeniable manifest proofs, 
 ' beyond the possibility of a co^i.tradiction, to be guilty of 
 'the most enormous crime.3: Who can imagine when 
 ' such a body of men, as the representatives of a pro- 
 ' vince, venture to say, that they did expect when the 
 ' government of the Jersies was surrendered, to feel the 
 ' influences of the queen's mild government under her 
 ' more immediate administration, and to be protected 
 ' in the full enjoyment of their liberties and properties ; 
 ' the last of which they thought themselves a little more 
 ' secure in, than some of the neighbouring plantations, 
 ' and had an entire dependance that her majesty's royal 
 ' bounty and goodness would never be wanting to make 
 ' them easy and happy, even beyond their wishes ; it is 
 ' their misfortune, that they must say, the success has 
 ' not answered the expectation ; and the queen's sub- 
 ' jects here have felt the reverse of what they had most 
 
Of new - JERSEY. 
 
 305 
 
 ' reason to hope that the greatest and best of princes 
 
 • is without all peradventure ignorant of their pres- 
 
 * sures, or they had long since had relief ; she is too 
 ' good. to continue even the deserved sufferings of the 
 ' miserable, and has more of heaven in her, than not 
 ' to hear the cries of those that groan under oppression 
 'and the unkind effects of mistaken power, to whom 
 ' they owe their misery ; who would not, I say, after 
 'such assertions, expect to see the governor proved 
 ' guilty either of treason, or betraying the trust re- 
 ' posed in him' by the queen, by depriving the subjects 
 ' of their lives, their estates or properties, or at least 
 ' denying them justice, and perverting the laws, to the 
 ' oppression, instead of administring them for the pro- 
 ' taction and preservation of the people committed to 
 ' his charge? These or the like crimes manifestly proved, 
 ' are the only things that can justify men in the accus- 
 ' ing a governor of corrupt practice, and of shaking 
 ' the liberties and properties of the people ; but if 
 ' none of these things can be proved, but on the con- 
 ' trary, it does appear plainly, that no one act of seve- 
 / rity, much less of injustice or oppression, has been 
 ' done since the government of this province came un- 
 ' der the queen, but that there has been an impartial, 
 'just and equal administration of justice observed thro' 
 ' out the whole course of my government, and that 
 ' many acts of mercy have been extended to persons 
 ' who deserved to be severely punished ; then what sort 
 ' of creatures must these bold accusers appear to be, in 
 ' the eyes of all impartial and judicious men ! That 
 ' these are truths beyond all contradiction, and which 
 ' all the people of this province know, I do challenge 
 ' you, and every one of you, to prove the contrary : 
 ' And tho' I know very well, that there are several 
 ' unquiet spirits in the province, who will never be 
 ' content to live quiet under any government but their 
 ' own, and not long under that neither, as appears by 
 ' their methods of proceeding when the government 
 ' was in the hands of the proprietors ; when many of 
 ' these very men who are now the remonstrancers, were 
 
 u .'in 
 
The history 
 
 ' in authority, and used the most arbitrary and illegal 
 ' methods of proceeding over their fellow subjects 
 ' that were ever heard of ; yet I am satisfied, there are 
 ' very few men in the province, except Samuel Jen- 
 ' ings and Lewis Morris, men known neither to have 
 'good principles, nor good morals, who have ventur- 
 ' ed to accuse a governor of such crimes, without an v 
 
 * proof to make out their accusation ; but thev are ca- 
 ' pable of any thing but good. 
 
 ' But that the unreasonableness of these complaints 
 
 * may appear the plainer, let us consider what these 
 ' enormities of mine are, that have turn'd the benign 
 ' influences of the queen's mild government into op- 
 
 * pression, and the unkind effect of mistaken power : 
 
 * First, by the instructions her most sacred majesty the 
 
 * queen has honoured me with, I am to allow all such 
 
 * agents as the general proprietors shall appoint, such 
 ' agents qualifying themselves by taking such oaths as 
 
 * the queen is pleased to direct, and no others ; no per- 
 ' sons under the. name of a council of proprietors have 
 ' ever tendered themselves to take those oaths, conse- 
 
 * quently they are not capable of acting as agents ; 
 'Besides, I say, those people who call themselves a 
 ' council of proprietors, are a parcel of people, pre- 
 ' tending to act by a power derived from certain per- 
 ' sons, who have no power to grant ; the governor has 
 ' therefore done in this case nothing but his duty, in 
 'hindering, as far as in him lay, that pretended coun- 
 ' cil of proprietors from acting illegally, which they 
 ' have long done to the prejudice of her majesty's sub- 
 'jects: This is a truth I cannot doubt of, because be- 
 ' sides the other reasons I have to satisfy me in that 
 ' point, you have voted my putting the records of the 
 ' eastern division into the hands of Peter Sonmans, to 
 ' be a grievance ; tho' Mr. Sonmans has qualified him- 
 ' self long ago ; so that the council of proprietors not 
 ' having qualified themselves at all, is a much greater 
 ' grievance. By the queen's instructions to me, she 
 ' is pleased to direct, that no person shall be capable of 
 ' being elected a representative by the freeholders of 
 
 'either 
 
O F N E W - J E R S E Y . 307 
 
 ^eitlier division, or afterwards sitting in general assem- A. D. . 
 
 * bly, who shall not have one thousand acres of land, ^707, 
 ' of an estate of freehold in his own right, within the 
 
 ' division for which he shall be chosen ; two gentlemen 
 ' of the council informed me, that three persons, 
 
 * whose names they then mentioned, were not qualified ; 
 ' upon which I refused to take their attestations (for 
 ' they were all Quakers) and in so doing, I did my 
 ^ duty : I recommended it to the assembly at that time 
 ^ to proceed in the first place, to enquire into that matter; 
 
 * but they did not think fit to do it, till they had sat 
 ^ about three weeks, and then they sent me a message, 
 
 * to desire those three members might be sworn, for 
 ' they were satisfied they were qualified ; I sent them 
 'word, that if they Avould communicate to me the 
 ' proofs which had satisfied them, I should be ready to 
 ' admit them ; but that they would not do : In some few 
 ' days the assembly was adjourned to meet at Burling- 
 ' t.on, where they met at the time appointed, and sent 
 
 * me the same message as they had done before ; I sent 
 
 * them the same answer ; upon which they ordered the 
 ' three members to produce to me the proofs of their 
 ' qualifications ; which having done, I admitted them 
 
 * immediately, which I could not do before, without ' 
 ' breaking the queen's instructions ; so that it was en- 
 
 ' tirely through their own stubborness that they were 
 ' not admitted sooner, and no intent or desire of mine to 
 ' keep them out : If I had had a mind to keep any mem- 
 ' bers out of the house, I could have made objections 
 'which they could never have answered; but such 
 ' practices are below me ; and it is not true, that I have 
 ' made any violation of the liberties of the people, nor 
 ' have assumed to myself a negative voice to the free- 
 ' holders election of representatives, as this house of 
 ' representatives has lately most notoriously done : But 
 ' of that more anon. 
 
 ' Indeed the treatment I have met with from this 
 
 * house of representatives, is far different from what I 
 ' and all reasonable men expected from most of them, 
 ' thinking them endowed with reason and common 
 
 'justice 
 
 V 
 
308 
 
 The history 
 
 A. D. 'justice to mankind ; but it is not different from what I 
 1707. i expected from Samuel Jenings and Lewis Morris, 
 ' two men notoriously known always to have been 
 'disturbers of the quiet and peace of this province, 
 ' men always possessed with passionate heats, and the 
 ' transports of most vindictive tempers, but never 
 ' capable of such serious resentments as would become 
 ' a house of representatives, if there were any occa,sion 
 ' given them to shew any ; how they have been able to 
 ' prevail with the major part of the house to join with 
 ' them, in destroying as far as in them lay, the reputa- 
 ' tion of a gentleman who has the honour to serve the 
 ' queen as governor of this province, and is so far 
 ' from deserving such treatment from them, that he 
 ' has always done to the utmost of his power, for the 
 ' good, welfare and prosperity of this province and 
 ' people, and would have done much more if the 
 'assembly would have put it into his power, by pre- 
 ' paring such bills as the governor at the beginning of 
 'every sessions has recommended to them, and the 
 ' condition of the country required ; but that they must 
 ' answer for to God and their own consciences, and 
 ' perhaps one day to me. 
 
 ' Whether many considerable sums of money have 
 ' been raised or not, I know not ; and if they were 
 ' raised, for what intent and purpose they were raised I 
 ' know not ; but this I know, that if any money was 
 ' raised, it was not given to me, nor was ever any mo- 
 ' ney offered to me to procure the dissolution of the 
 ' first assembly, or to get clear of the proprietors quit 
 ' rents, or to obtain such officers as the contributors 
 ' should approve of, as is falsly alledged : The reasons 
 ' why I dissolved the first assemby were eviderit to all 
 'mankind ; for it was plain that house never intended 
 ' to do any thing for the support of the queen's govern- 
 ' ment, nor for the good of the country ; and indeed 
 ' better could not be expected from an assembly so cor- 
 ' ruptly chosen as tliat was ; for some of the now 
 ' remonstrancers, and some other people, prevailed 
 ' with Thomas Gordon, then sheriff of the county of 
 
 ' Middlesex, 
 
Of N E W- J E R S E Y. 
 
 * Middlesex, to refuse a poll when demanded ; and 
 ' when the people, injured by that practice, complained 
 ' to the house of representatives, they had a day 
 
 * assigned them to be heard, but were limited to bring 
 ' but twenty witnesses ; the people attended at the day 
 'appointed, with the number of witnesses they were 
 
 * allowed to bring, but were then by the house refused 
 ' to be heard, not only by themselves but by their 
 
 * council, and their witnesses refused to be examined ; 
 'tho' at the same time they heard Thomas Gordon, 
 ' who was complained against, and did examine some 
 
 * witnesses on his behalf; upon which the petition of 
 ' the complainants was dismist, thereby supporting the 
 ' illegal proceedings of the sheriff ; this was a viola- 
 
 * lation of the rights of the people with a vengance, 
 ' and a sufficient reason, (if I had no other) for the 
 ' dissolving that assembly, that the people might once 
 ' more have a free choice of their representatives : As 
 ' for getting clear of the proprietors quit rents, it is 
 ' such an absurdity to mention, that no body would be 
 ' guilty of it but Samuel Jenings and Lewis Morris ; 
 ' for it is evident, that at the beginning of every sessions 
 ' I have recommended it to the assembly, to prepare a 
 ' Bill or Bills, for settling the rights of the proprietors ; 
 'which I suppose will be a full answer to that part; 
 ' and as I know of no such men as contributors, so 
 ' can I have no such application made to me : I have 
 ' not knowingly put any mean or mercenary men into 
 ' office ; indeed at my first coming into the 
 'government of this province, I desired the gentle- 
 ' men of the council, to recommend persons to me fit 
 ' to be put into offices, military and civil ; several of 
 ^ them gave me lists, and amongst the rest mr. Lewis 
 ' Morris gave me one, which I have still by me, in 
 'which indeed, by experience, I find there are some 
 ' mean, scandalous men ; but I cannot accuse any body 
 ' else of doing the like. Thus much I thought my- 
 'self obliged to say, in answer to your remonstrance, 
 ' to satisfy the world of the falshood of your allegations 
 
 and the unreasonableness of your complains. I have 
 
 ' said 
 
310 
 
 The history 
 
 A. D. * said the less in answer to the scandalous reflections you 
 1707. i ]^ave cast upon me, because I do not doubt, but upon 
 
 * my most humble application to her most sacred ma- 
 ^jesty the queen, she will be graciously pleased to 
 
 * allow me to take such measures as may be most proper 
 , * to procure me ample satisfaction, for the great and 
 
 * extravagant injuries you have done me : As for the 
 
 * advice you conclude with, I shall only say, that I 
 
 * can never answer the taking advice from men who 
 
 * do not know how to govern themselves,, and who 
 
 * have always opposed the service of the queen, and 
 
 * the interest and good of the country, which are 
 
 * inseparable. 
 
 ^ Now, gentlemen, I shall take notice to you of some 
 
 * of your late unaccountable proceedings in this assem- 
 
 * biy, which I can't pass by without a breach of the 
 ' trust reposed in me by her majesty ; and first, I shall 
 
 * observe, that at the opening of ' the sessions, I recora- 
 
 * mended to you the settling a revenue, and the preparing 
 
 * several bills which I thought might be useful for the 
 
 * country ; and I told you, that if you found any thing 
 
 * else necessary to be provided for by a law, you should 
 
 * always find me ready to agree to any thing that might 
 
 * be reasonable ; but instead of proceeding upon those 
 
 * things so necessary, that they ought to have employed 
 
 * your first thoughts, you have squandered away your 
 
 * time in hawking after imaginary grievances, for the 
 
 * space of one whole month, without making one step 
 
 * towards the service of the queen^ or the country j 
 
 * you have presumed to take the queen's subjects into 
 
 * the custody of the serjeant at arms,, who are not 
 
 * members of your house ; which you can't lawfully do ; 
 ' and is a notorious violation of the liberties of the 
 
 * people ; you have taken upon you, to administer an, 
 ' oath to one of your members, and have expelled him; 
 *the house for refusing to take an oath, which you 
 
 * could not legally administer to him: This is most 
 
 * certainly robbing that member of his property, and 
 *a most notorious assuming to yourselves a negative 
 
 * voice to the freeholders election of their representa- 
 
 ' tives J 
 
Of new-jersey. 
 
 311 
 
 lives; for which there can be no precedent found: A.D. 
 You have arbitrarily taken upon you, to command 
 the high sheriff of this county, to discharge a prisoner 
 wlio was in his custody, at the suit of one of the 
 queen's subjects ; and he has been weak enough to do 
 it, for which he lies liable to be sued for an escape, 
 whenever the gentleman thinks fit to do it; and from 
 which you can't protect him : This is a notorious 
 violation of the rights of the subjects, and a manifest 
 interruption of justice: You have taken upon you, to 
 appoint one of your members to act as clerk of the 
 committee of tlie whole house, which you have no 
 power to do ; and the party officiating is liable to be 
 prosecuted for acting without lawful authority, and 
 without being qualified to act. These, gentlemen, 
 are some of the irregularities you have been guilty of 
 this sessions ; some of them are encroachments upon 
 the queen's prerogative, the rest are all notorious 
 infractions upon the liberties and properties of the 
 people. 
 
 ' 1 was going to conclude, with giving you some 
 wholesome advice; but I consider that will be but 
 labour lost, and therefore shall reserve it for persons 
 who I hope will make a right use of it. 
 
 CHAP. xyii. 
 
 The assembly's reply to Lord Cornbury's answer to their 
 
 remonstrance. 
 
 THE assembly did not immediately go upon the con- Fanco- 
 sideration of a reply, having before them the trea- "q^q^®" 
 surer, Peter Fauconier's accounts, in which they found 
 many articles extraordinary in their nature, several of 
 them being paid by Cornbury's order barely, and the 
 whole without vouchers ; they sent for him ; he attend- 
 ing, refused to lay his vouchers before them without the 
 governor's commands; two members were sent to the 
 
 governor 
 
312 
 
 The history 
 
 A. D. governor, to desire him to order the treasurer to lay the 
 
 1707. . 
 
 vouchers of his accounts, and the orders for the pay- 
 ment of the sums therein mentioned before them ; the 
 governor said, he had already ordered it, though it was 
 what he could not legally do, because the lord high 
 treasurer had appointed an auditor general for the pro- 
 vince, and he not being in it, had deputed one to audit 
 the accounts, and that the treasurer was accountable 
 only to the lord high treasurer ; but if the house was 
 dissatisfied with any articles in the accounts, and 
 thought proper to apply to him, he would satisfy 
 them: This was not done; and the accounts, extraor- 
 dinary as they were, remained unsettled till Hunter's 
 administration several years after. Several bills of con- 
 sequence were now also under consideration ; but Corn- 
 bury, apprehensive, that if he suffered the sessions to 
 continue much longer, it would produce something not 
 to his advantage, on the 16th adjourn'd the house till 
 the next September, to meet him at Amboy. In the 
 October following they met accordingly : The first 
 thing now concluded on, was a reply to the foregoing 
 answer to their remonstrance ; next place, they resolved 
 C. D. that they would raise no money till the 
 governor consented to redress the grievances of the 
 country; which if he did, they would raise £. 1500, 
 for support of government, for one year. 
 
 On the 28th, the house sent a committee to acquaint 
 the governor, that having seen his answer to their 
 remonstrance in print, they thought fit to make a 
 reply to it, and desired to know when he would admit 
 them to wait on him with it ; the governor said, he 
 would return an answer in due time ; they waited for 
 his message till next day, and then concluding he in- 
 tended to elude giving them opportunity of presenting 
 it, sent a committee with it, but he would not receive 
 
 it; 
 
Of new-jersey. 
 
 313 
 
 it:P- upon which they ordered it to be entered in their A. D. 
 . 1707. 
 journal, as follows : 
 
 ' May it please your excellency, 
 W^E, the representatives of this her majesty's pro- 
 ' vince of New- Jersey, finding her majesty's subjects 
 ' greatly, and as we are very well satisfied with good rea- 
 ' son, aggrieved ; thought we could not answer the trust 
 ' reposed in us by our country, should we not endea- 
 ' vour to get those hardships removed under which they 
 ' labour. 
 
 ' It was needless to hunt after imaginary grievances, 
 ' real ones in too great numbers presenting themselves; 
 ' and though from you we have miss'd of obtaining 
 Hhat relief that the justice of our complaints intituled 
 ' us to ; yet we do not dispair of being heard by her 
 ' sacred majesty, at whose royal feet we shall in the 
 'humblest manner lay an account of our sufferings; 
 ' and however contemptible we are, or are endeavoured 
 ' to be made appear, we are persuaded her majesty will 
 ' consider us as the representatives of the province of 
 ' New-Jersey, who must better know, what are the 
 ' grievances of the country they represent, than a go- 
 * vernor can do, who regularly ought to receive infor- 
 ' mations of that kind from them ; and we do not 
 ' doubt that glorious queen will make her subjects 
 ' here as easy and happy as she can. 
 
 ' When we told your excellency, we had reason to 
 ' think some of our sufferings were very much owing 
 ' to your excellency's long absence from this province, 
 ' which rendered it very difficult to apply to your lord- 
 ' ship in some cases that might need a present help, we 
 ' spoke truth ; and notwithstanding all your excellency 
 
 ' has 
 
 p. Their message to introduce it he received, and the next day- 
 laid it before the council, as follows: 'The house of repre'^entatives 
 'having sent a message to your excellency, to know when your 
 'excellency would be waited upon with a reply this house has 
 'made to your excellency's answer to their remonstrance ;. and your 
 'excellency having not, as is usual in such Cases, assigned them any 
 'time, they have appointed us to wait on your excellency with the 
 'said reply, and to deliver it to you.' 
 
 \ 
 
314 The HISTORY 
 
 A. D. < has said of a months or twelve weelcs in a year, and 
 1707. < j-^Q y^Yeekly going of a post ; we cannot be per- 
 ^swaded to believe, that nine months and ii])wards in a 
 ' year, is not a long absence, especially when the seal 
 
 * of the province is carried and kept out of the govern- 
 
 * ment all that time; and the honourable colonel 
 
 * Ingoldsby, the lieutenant governor, so far from 
 ' doing right, that he declined doing any act of 
 ' government at all ; whether he governs himself by 
 ' your excellency's directions or not, we cannot tell ; but 
 ' sure we are, that this province being as it were with- 
 ' out government for above nine months in a year, we 
 ' must still think it a great grievance, and not made less 
 
 * so by carrying the seal of the province to New- York,, 
 
 * and laying her majesty's subjects under a necessity of 
 ' applying from the remotest part of this province, for 
 ' three parts of the year and better, to your excellency 
 ' at fort Ann, in New- York, from which place most 
 
 * of the commissions and patents granted during your 
 ' excellency's absence, are dated, (by what authority 
 ' we shall not enquire) notwithstanding a lieutenant 
 ' governor resides in the province, and is by her ma- 
 ^jesty's commission impowered to execute the queen's 
 
 * letters patents, and the powers therein contained, 
 ' during your excellency's absence from this province 
 ' of New- Jersey ; without which powers given and 
 ' duly executed, a lieutenant governor is useless and an 
 
 * unnecessary charge ; and we cannot think, that her 
 
 * sacred majesty, who honoured that gentleman with so 
 
 * great a mark of her royal favour, as giving him a 
 
 * commission for lieutenant governor of New-Jersey, 
 
 * did at the same time inhibit him from executing the 
 
 * powers therein exprest. 
 
 * Things are sometimes best illustrated by their 
 ' contraries ; and perhaps the most effectual way to 
 
 * convince the world, that this complaint is frivolous 
 
 * and untrue, as by your excellency alledged, would 
 
 * be, for your excellency to bring the seal of the pro- 
 
 * vince of New- York to Burlington, keep it there, 
 
 * and do all the acts of government relating to the pro- 
 
 vince 
 
Of NEW-JERSEY. 
 
 315 
 
 'vince of New- York, at Burlington, in New- Jersey,, A. D. 
 
 * for about three fourths of a year, and let the lieute- 1707. 
 ' nant governor reside at New- York during that time, 
 
 ' witliout doing any act of government, adjourn their 
 'assemblies on tlie very day, or day before they are to 
 
 * meet, that they may not lose the advantage of 
 'travelling to New- York, from the remotest part of 
 ' tliat province, and at a time when it cannot be done 
 ' witliout the. utmost prejudice to their atfairs ; it's 
 ' hardly probable they would be pleased under such an 
 ' administration, notwithstanding the case of inform- 
 ' ing your excellency every week by the post, of any 
 'emergency that might happen. 
 
 ' We are apt to believe, upon the credit of your ex- 
 ' cellency's assertion, that there may be a number of 
 ' peoi)le in this province who will never be faithful to, 
 ' or live quietly under any government, nor suffer their 
 ' neighbours to enjoy any peace, quiet nor happiness, 
 'if they can help it; such people are pests in all go- 
 ' vernments, have ever been so in this, and we know 
 ' of none who can lay a fairer claim to these characters 
 ' than many of your excellency's favorites. 
 
 ' What malice and revenge were in the prosecution 
 
 * of the condemned persons, we don't know ; we never 
 ' heard of any till now, and hardly can be persuaded 
 ' to believe it's possible there should be in both the 
 ' instances. 
 
 ' It is not impossible, there might be malice in the 
 ' prosecution of the woman who was condemned for 
 ' ])oisoning her husband ; there not being (as is said) 
 ' plain proof of the fact, but it was proved she had 
 ' attempted it before more than once ; and there were 
 ' so many other concurring circumstances as did induce 
 'the jury, who were of the neighbourhood (and well 
 ' knew her character) to find her guilty, and it is hardly 
 ' probable their so doing was an act of malice. 
 
 ' The woman who murdered her own child, did it 
 ' in such a manner, and so publickly, that it is unreason- 
 ' able to suppose there could be any malice in the pro- 
 ' secution of her, and we cannot think (notwithstand- 
 
 ' ing 
 
The hist O R Y 
 
 ' ing your excellency's assertions) that you can or may 
 ' believe there was. This woman was a prisoner in 
 'the sheriff's custody for breach of the peace, and 
 ' going about some of the household affairs the sheriff 
 ' 'employed her in, with a knife in her hand, her child 
 ' who was something froward, followed her crying ; 
 ' upon which the mother turned back to it and cut it's 
 
 * throat ; but not having cut it deep enough, the child 
 ' still followed her all bloody, and crying, O ! mother 
 
 you have hurt me ; the mother turned back a, second 
 'time, and cut it effectually, and then took it up and 
 ' carried it to the sheriff or his wife, at whose feet she 
 ' laid it: How far such a wretch is entitled to the queen's 
 ' favour, her majesty can best tell, when she is made 
 ' acquainted with the fact ; but sure we are, she never 
 ' gave your excellency the power of pardoning wilful 
 ' murder : Whether your excellency has or has not re- 
 ' prieved them, you best know, and are only accounta- 
 ' ble to her majesty for your procedures therein; tho' 
 ' we have too much reason to believe, the favourable 
 'opinion your excellency has so publickly expressed of 
 ' her, has been a great reason to induce her to make 
 
 ' her escape, which she has done. We thought it our 
 
 ' duty, humbly to represent that matter to your excel- 
 ' lency's consideration, and had reason to be apprehen- 
 'sive of the judgments of almighty God, whose infi- 
 ' nite mercy has hitherto suspended the execution of 
 ' his justice, notwithstanding that great provocations 
 ' have been given him, by impiety, prophaneness and 
 ' debauchery, under the mask of a pretended zeal for 
 ' his glory, and love for his church : It is not our busi- 
 ' ness to enter into religious controversies ; we leave 
 ' them to divines, who ought best to understand things 
 ' of that nature, and who may perhaps inform us what 
 ' is meant by denying the very essence of the saviour of 
 
 * the world. 
 
 ' We cannot yet be persuaded, that an innocent 
 ' person should pay fees ; what the practice in England 
 ' is, we did never enquire, but believe, that persons 
 'acquitted by a grand jury, do not pay those extra va- 
 
 * gant 
 
Of NEW-JERSEY. 
 
 317 
 
 ^gaiit fees they are made to pay here; we did not 
 'govern ourselves by the practice there, but the unrea- 
 ' sonableness of the thing ; and your excellency does 
 ' grant, that what we say is in some measure to be 
 ' allowed, were the juries in this country such as they 
 ' ought to be ; we hope they are, and our experience has 
 ' not convinced us, that persons who under pretence 
 ' of conscience refuse an oath, have yet no regard for 
 ' the oaths they take, as your excellency says. The 
 ' temptations to resentment prove often too powerful,, 
 ' and irresistably engage us in unbecoming heats, and 
 ' when the characters of men are written with pens- 
 ' too deeply dipt in gall, it only evinces a want of tem- 
 ' per in the writer. Our juries here are not so learned 
 ' or rich as perhaps they are in England ; but we doubt 
 ' not full as honest. We thought the only office for 
 ' probate of wills was at Burlington ; but your excel- 
 ' lency has convinced us, that it is wherever your 
 ' excellency is, and consequently may be at York,, 
 ' Albany, the east end of Long-Island, or in Con- 
 ' necticut, or New-England, or anyplace more remote 
 ' should your excellency's business or inclination call 
 ' you there ; which is so far from making it less a 
 ' grievance, that it rather makes it more so ; and not- 
 ' withstanding those soft, cool, and considerate terms- 
 ' of malicious, scandalous and frivolous, with which 
 ' your excellency vouchsafes to treat the assembly of 
 ' this province; they are of opinion, that no judicious 
 ' or impartial men, will think it reasonable, that the 
 ' inhabitants of one province should go into another 
 ' to have their wills proved, and take letters of admi- 
 ' nistration at Fort Ann, from the governor of New- 
 ' York, for what should regularly be done by the 
 ' governor of New-Jersey in Jersey, to which place 
 ' all the acts of government relating to New-Jersey, 
 ' are limited by the queen's letters patents under the 
 ' great seal of England ; and when your excellency is 
 ' absent from New-Jersey, to be executed by the lieu- 
 ' tenant governor ; and by the said letters patents not 
 ' the least colour of authority is given to your excel- 
 lency,, 
 
318 
 
 The history 
 
 A. p. 'lency, to do any act of government relating to 
 170/. ^ New- Jersey, any where but in Jersey; nor is there 
 ' any instruction (that we know of") contradicting the 
 ' said letters patents any where upon record in this 
 ' province, to warrant your excellency's conduct in that 
 ' aifair : If this be not cause, and just cause of com- 
 ' plaint, we do not know what is ; we are inclined to 
 ' believe, the province of New- York would think it 
 ' so, were they to come to Amboy or Burlington, to 
 prove wills, &e. 
 
 ' We do not think, that what we desire, is an inva- 
 ' sion of the queen's right ; but what her majesty, 
 ' without infringement of her prerogative royal, may 
 ' assent to ; and their late majesties of blessed memory, 
 
 * did, by their governor colonel Fletcher, assent to an 
 act made in New- York, in the year 1692, entitknl, 
 
 * An act for the supervising intestates estates, and regu- 
 ' lating the probate of wills, and granting letters of 
 'administration;' by which the court of common pleas 
 ' in the remote counties of that province, were ira- 
 ' powered to take the examination of witnesses to any 
 
 * will within their respective counties, and certify the 
 Ssame to the secretary's office; and the judges of the 
 ' several courts in those remote counties, impowered 
 
 * to grant probates "of any will, or letters of administra- 
 ' tion, to any person or persons, where the estate 
 'did not exceed £. 50; what has been done there may 
 'with as much reason be done here, without sacrificing 
 
 * the queen's prerogative royal to the humours or 
 ' caprices of any person or persons whatsoever. 
 
 ' It is the general assembly of the province of New- 
 ' Jersey, that complains, and not the quakers, with 
 ' whose persons (considered as quakers) or meetings we 
 ' have nothing to do, nor are we concerned in what 
 ' your excellency says against them ; they perhaps, 
 ' will think themselves obliged to vindicate their meet- 
 ' ings from the aspersions which your excellency so 
 ' liberally bestows upon them, and evince to the world 
 ' how void of rashness and inconsideration your excel- 
 lency's expressions are, and liow becoming it is for 
 
 ' the 
 
Op new-jersey. 
 
 319 
 
 * the governor of a province to enter the lists of con- 
 
 * trove rsy, with a people who thought themselves 
 ' entitled to his protection of them in the enjoyment 
 
 * of their religious liberties ; those of them who are 
 'members of this house, have begged leave in behalf 
 ' of themselves and their friends, to tell the governor, 
 ' tliey must answer him in the words of Nehemiah to 
 ' Sanballat, contained in the 8th verse of the 6th 
 'chapter of- Nehemiah, viz. There is no such thing 
 
 done as thou sayest, but thou feignest them out of thine 
 ^ own heart. ■ 
 
 ' We are so well assured the fact is true, that the 
 ' secretary's office is kept at Burlington only, that we 
 ^ still are of opinion it is a grievance, for the reasons 
 ^ we have assigned ; the proprietors records has not any 
 ^ thing to do with the secretary's office, but is an office 
 ' wholly belonging to the proprietors, and altogether 
 ^ at their disposal ; and is not a secretary's office kept at 
 ' Amboy, either as far as the nature of the thing re- 
 ' quires or can admit of, or any way at all. 
 
 ' And as the assembl ies and courts sit alternately 
 ' at Amboy and Burlington, so it is highly reasonable 
 
 * the secretary's office should be kept alternately also 
 ^ at both these places, or by deputy in one of them, 
 ^ and may be very well done without making two secre- 
 ' taries. 
 
 ' Both this and the rest of our complaints, are not 
 ^ with design to amuse the people, but are just and 
 'reasonable; and we believe, will by the people be 
 ' thought to be grievances till they are redressed ; who 
 ^ can no more think it reasonable, that all the inhabi- 
 ' tants of the eastern division should come to the office 
 ' at Burlington, than that all of the western division 
 ^ should go to Amboy. 
 
 ' We are still of opinion, the grant we complain of 
 ' is against the statute we mentioned, because it is ex- 
 ' elusive of others, and to the prejudice of the publick. 
 ' It can never be thought reasonable to prohibit any 
 ' body to cart their own goods, or any body's else, as 
 
320 
 
 The history 
 
 A. D. ' the road from Amboy to Burlington, but in the road 
 'from Shrewsbury; and a patent may as well be 
 ^ granted to keep horses to hire, by which a man may 
 ' be hindred to ride his own : It is destructive to the 
 ' common rights of men, and a great grievance, and 
 * we had reason to endeavour to get it redressed. 
 
 ' It's true, a certain convenience for transportation of 
 ' goods, is no doubt of great use, and the profit that 
 ' accrues by such undertakings, is the motive that in- 
 ^ duces any persons to be at the charge of them, and 
 ' providing fit carriages for that end, and of ascer- 
 ' taining the times and prices of carrying ; and the more 
 ' providers of such carriages, the more certain and 
 ' cheap the transportation, and freest from imposition ; 
 ' and consequently the fewer carriages, the less certain 
 ' and dearer, and the persons under a necessity of using 
 'them more subject to be imposed upon by the carrier; 
 'nowwiiether granting by which others are excluded, 
 ' waving the unlawfulness of it, be a means to increase 
 ' the number of the undertakers in that kind, or to 
 ' lessen them, and confine those who have any occasion 
 ' to transport goods, to give such price as he that has 
 ' the patent thinks fit to impose, we leave to all men 
 'of common sense to judge; and if experience may 
 ' be admitted to determine that matter, it is plain that 
 'transportation of goods, both by land and water, is 
 ' dearer than it was before the granting of that patent : 
 ' It's true, the certainty was not so great as now ; for 
 ' now we are certain that a man cannot with his own 
 ' carts carry his own goods, but that if he does they 
 ' will be seized ; and if that be one of the conveniences 
 ' which the wise people in Europe think of absolute 
 ' necessity, we shall think it no irony to be called wiser, 
 ' in differing from them, and calling them monopolies 
 'as they are, and prejudicial to' trade, and especially 
 ' that between York and- Amboy, Burlington and 
 'Philadelphia; which did not owe it's beginning to 
 'your excellency's patent, but was begun long before 
 ' your excellency had any thing to do with New-Jersey, 
 ' and in all probability had much more increased were 
 
 'it 
 
Of new-jersey. 
 
 321 
 
 ' it not for that patent ; and we believe whenever the 
 'gentlemen of the law will give your excellency their 
 ' true opinion of it, you will not be long in doubt 
 ' whether 'tis a monopoly or not : We thought it a 
 ' monopoly, as we do still, and a grievance, as is also 
 ' both that and other grants made by your excellency 
 ' at fort Ann in New- York, for any thing in Jersey. 
 
 ' Your excellency has neither by birth nor acquisi- 
 'tion, a right to the sovereignty of New-Jereey ; nor 
 ' have you any power of governing the qucien's subjects 
 ' here, but what her majesty is pleased to grant you by 
 ' her letters patents, under the great of England ; by 
 ' which letters patents the powers therein contained, are 
 ' limited to that country, which was formerly granted by 
 ' king Charles the second, under the name of Nova Cse- 
 * saria or New-Jersey, and which has since been subdi- 
 ' vided by the proprietors, and called East New-Jersey,, 
 ' and West New-Jersey, and which her majesty is pleased 
 ' to reunite under one entire government, viz. " The 
 " divisions of East and West New-Jersey, in America ; 
 " and in case of your excellency's death, or absence from 
 " that country, which was subdivided by the proprie- 
 " tors, and called East New-Jersey and West New- 
 " Jersey, the powers of government are lodged in 
 " other hands." Now either fort Ann and the city 
 ' of New- York, is in that country granted by king 
 ' Charles the second, and sub-divided by the proprie- 
 ' tors thereof, and called East New- J ersey and West 
 ' New-Jersey ; or your excellency is absent from New- 
 ' Jersey, when you are at fort Ann in New- York ; that 
 ' fort Ann is in New-Jersey, we believe, that even your 
 ' excellency will think impracticable to persuade us to 
 ' do so much violence to our reason as to believe ; 
 ' therefore your excellency when at fort Ann, or any 
 ' where in New- York, is absent from New-Jersey ; 
 ' and what the consequence is we need not say, thinking 
 'the pretence of a- power to do acts of government 
 ' relating to New- Jersey, at fort Ann, in New -York, 
 ' to be so manifestly absurd, as to need nothing further 
 ' to be said against it. 
 
 X 'There 
 
322 
 
 The hist O R Y 
 
 'There is nothing more common in the statutes 
 than the establishing fees, and we are of opinion 
 that all fees have been established by act of parlia- 
 ment; and indeed it seems to us unreasonable they 
 should be established by any other authority ; for if 
 a governor, either with or without his council, can 
 appoint what sums of money shall be paid for fees, 
 he may make them large enough to defray the charge 
 of government, without the formality of an act of 
 assembly, to raise a revenue for the necessary support 
 of the same ; and if it does not come up to the taxing 
 of the queen's subjects, without their consents in 
 assembly, we are to seek what does. 
 
 ' We cannot think the clause of your excellency's 
 instructions, which we have recited, to be so foreign 
 to the matter of fees, as your excellency says it is ; 
 for the enforcing the payment of fees by any autho- 
 rity, but that of the assembly's, is taking away a 
 man's goods otherwise than by established or known 
 laws, except the act of a governor and council be a 
 law, which we think is not, nor never intended by 
 the queen it should ; nor do we think, by the instruc- 
 tions your excellency mentions, you are to establish 
 fees; but only to regulate those already appointed, 
 and to take care tliat no exaction was used ; but if it 
 did,- your excellency has convinced the world, that 
 you do not think yourself bound by the queen's in- 
 structions, but where the law binds also. 
 
 ' As in the case of Ormston, where nothing could 
 be more positive than her majesty's directions ; yet 
 your excellency did not think yourself ministerial, 
 or by not complying with her majesty's orders, that 
 you accused the best of queens, with commanding 
 her governor to do a thing which was not warranted 
 by law; nor never enquired, whether the refusing 
 obedience to her commands, was a fit return for the 
 many favours she had bestoAved upon you ; but go- 
 vern'd yourself in that singular instance as near as 
 you could by the law. The seventh clause Avas not 
 put in to arraign the queen's express commands to 
 
 ' your 
 
Of NEW-JERSEY. 
 
 323 
 
 * yonr excellency ; but to complain of the great hard- 
 
 * ships her majesty's subjects lay under, by your excel- 
 
 * lency's putting the records there mentioned, into the 
 ^ hands of Peter Sonmans, who is not the proprietor's 
 
 * recorder, nor had no express command from the' 
 ' queen to put the books into his hands ; and may in 
 
 * part answer the challenge made by your excellency in 
 ' the last part of the next foregoing clause ; for your 
 ^excellency had commanded the said records to be put 
 'into the hands of Mr. Bass, the queen's secretary; 
 ' up which, application was made to her majesty, 
 
 * who was pleased to give an order in favour of the 
 ' proprietors ; and without all peradventure, it was 
 
 * intended they should be in the hands of the proprie- 
 ' tor's recorder, which Mr. Thomas Gordon was at 
 ^ that time, and regularly is still, being constituted by 
 ' the majority of the proprietors in the eastern division, 
 ^ and by your excellency sworn ; mr. John Barclay was 
 ' also by your excellency sworn, and a proclamation 
 
 * issued in his favour ; since which Mr. Peter Sonmans 
 
 * arrived from England, and upon application to your 
 ' excellency, was by your excellency, admitted receiver 
 ' general of the quit rents, and the proprietors records 
 ' by your excellency put into his hands ; which, with 
 ' submission, we think could not be done regularly by 
 ^your excellency : For in the first place, they were 
 
 * constituted by the mtyority of the proprietors, whose 
 ' servants they were, and to whom they were account- 
 ' able, and to none else. 
 
 ' 2. These places were the properties of Mr. Tho- 
 ' mas Gordon and Mr. John BanJay ; and to deprive 
 ^ theai of them, witliout due course of law, is wliat 
 S'our excellency has no authority to do, nor can have. 
 
 ' 3. Whether they were made by the greater or 
 Messer })art of tlie proprietors, your excellency was no 
 ' ways concerned, nor had any right of determining 
 ' in the favour of either one or other, the law being 
 ' open to any who thought themselves aggrieved. 
 
 ' 4. Those books and records were the properties of 
 ^ the general proprietors ; and if your excellency can 
 
 dispossess 
 
824 
 
 The H I S T O R Y 
 
 A. p. < dispossess any proprietor of them (for Thomas Gordoni 
 1707. ( ^y^g ^ proprietor) and put them into the hands of 
 ' another, you may by the same rule dispossess any 
 
 * one of their goods, and give them to who you think 
 
 * fit, and any proprietor of their property, and give 
 'it to which of th^ proprietors you think fit, as is 
 ' actually done by your excellency in the case of Son- 
 ' rnans ; and was attempted with the same violence in 
 ' favour of Mr. Bass : It will not be a sufficient answer 
 ' to this, to say, Sonmans was proprietor's , agent ; 
 Svhich whether he was or was not, your excellency 
 ' had no right to determine to any other purpose but 
 ' administering an oath to him, after which he was of 
 
 course to be allowed ; and so ought as many agents 
 ' as the proprietors made, who were not accountable 
 ' to your excellency for any procedures in the proprie- 
 ' tors affairs, that were not unlawful. 
 
 ' 5. Sonmans neither had, nor pretended to have, at 
 ' that time (whatever he has done since) any right or 
 ' colour of right, to be the proprietors recorder, not 
 ' any mention being made of it in that very lame 
 ' commission he had ; and were he to have the top of 
 ' his pretences, it would but to be deputy to a person in 
 ' England ; and whether he has a right or not, is a great 
 ' question, and regularly only determinable at the 
 
 * common law ; but your excellency's shorter method 
 ' of procedure saves disputes of that kind : If this be 
 ' acting according to established and known laws, not 
 ' repugnant to, but as agreeable as may be, to the 
 ' laws of England ; if this be administering those laws 
 ' for the preservation and protection of the people,, 
 ' we would be very gladly informed, what perverting 
 ' of them can be ; as to the matter of fact, we aver it 
 ' to be truth, that Mr. Sonmans did not reside in the 
 ' province, had not given security for the keeping of 
 ' those records, as by the queen is positively directed, 
 ' they were carried out of the Eastern division, and were 
 ' produced at the supreme court at Burlington at the 
 ' time of our complaint. 
 
 ' Those 
 
Of new- jersey. 
 
 Those things, and that gentleman's character, are 
 so well known, that it is needless to offer any thing 
 ^ else in justification of that reasonable request we made, 
 * that they might be so kept as her majesty's subjects 
 ' miffht have recourse to them, and in the hands of 
 ' such of whose fidelity there is no reason to doubt. 
 
 ' These, may it please your excellency, were the 
 ' grievances we comjjlained of ; and they were but a 
 ^ small number of many we could with equal justice 
 ' remonstrate ; and which, notwithstanding those soft, 
 ' cool, and considerate terms of false, scandalous, 
 ' and malicious, and other bitter invectives which your 
 ' excellency so often uses to the representative body of 
 ^ a country ; we are still of opinion, they are not imagi- 
 ' nary, but real grievances, not false, but God knows 
 ' too true ; and which it was our duty, in discharge of 
 ' the trust reposed in us, to get redress'd. . 
 
 ' Our sad experience has convinced us, that our 
 ' endeavours have not met with a success answerable to 
 ' what might reasonably be our expectations, and that 
 ' instead of redressing the grievances of the country, 
 ' their number is encreased : Before we enumerated 
 ' those grievances of an higher nature, and attended 
 ' with worse consequences, we first said, the treatment 
 Hhe people of New- Jersey had received, was very 
 ' different from what they had reason to expect under 
 ' the government of a queen deservedly famous for her 
 'just, equal and mild administration; that the hard- 
 '* ships they endured, were not owing to her majesty, 
 ' who they were well assured, would by no means, make 
 ' any of her subjects miserable, nor continue their mis- 
 ' fortunes were she acquainted with them, and in her 
 ' power to give them relief ; but that the oppressions 
 ' they groaned under, were the unkind effects of rais- 
 ' taken power ; and what these effects were, and who 
 ' the cause of them, we proceeded to shew ; and if the 
 ' instances we there give, be true, it will then appear to 
 ' the world, that the expressions we have used, are the 
 '.softest could be chosen, and very far short of what 
 ^ the nature of the thing could bear, and that these 
 
 ' bold 
 
326 
 
 The hist O RY 
 
 A. D. ' bold accusers are a sort of creatures called honest raen^ 
 1707. 'just to the trust reposed in them by the country, who 
 
 * will not sufFejr their liberties and properties to be torn 
 from them by any man, how great soever, if they 
 
 ' can hinder it. 
 
 'And that the reasonableness of our complaints may 
 ' appear the plainer, we shall consider what your excel- 
 
 * lency has said in answer, and leave it to our superiors, 
 'and to all just and impartial men, w^hether we are not 
 'a people the most abused of any of her majesty's 
 ' subjects. 
 
 ' As to the first instance, your excellency does acknow- 
 ' ledge the fact to be true, and offers the following 
 ' reasons to justify your conduct to the council of pro- 
 ' prietors : The first is. that by her majesty's directions 
 ' you are to allow of all such agents as the general pro- 
 ' prietors shall appoint, such agents qualifying them- 
 ' selves by taking such oaths as the queen is pleased to 
 ' direct, and no other ; that no persons under the name 
 ' of a council of proprietors, have ever tendered them- 
 ' selves to take such oaths ; consequently they are not 
 
 * capable of acting as agents. 
 
 ' 2. That the council of proprietors are a people 
 'pretending to act by a power derived from certain 
 ' persons who have no power to grant, and that this a 
 'truth, viz. that they are a people pretending to act 
 ' by a power derived from certain persons, who had 
 ' no power to grant, your excellency is satisfied ; besides 
 ' other reasons, by this in particular, that the assembly 
 ' have voted to put the records into the hands of Peter 
 ' Sonmans, to be a grievance whereas their not quali- 
 
 * fying themselves is a greater grievance. To set this 
 ' matter in a true light,, it will not be improper to pro- 
 ' duce the words of the instructions ; which are as 
 ' follows : " You are to permit the surveyors and other 
 '^ persons appointed by the 'forementioned general 
 " proprietors of the soil of that province, for surveying 
 " and recording the surveys of lands granted by and 
 
 held of them, to execute accordingly their respective 
 " trusts : And you are likewise to permit, and if need 
 
 'be 
 
Op new -jersey. 
 
 327 
 
 " be, to aid and assist such other a2:ent or ag-ents, as 
 " shall be appointed by the said proprietors for that end, 
 " to collect and receive the quit rents, which are or shall 
 " be due unto them, from the particular possessor of 
 "any tracts or parcel of land from time to time; pro- 
 " vided always, that such surveyors, agents, or other 
 " officers appointed by the said general proprietors, do 
 " not only take proper oaths for the due execution and 
 " performance of their respective offices and employ- 
 " ments, and give good and sufficient security for 
 " their so doing ; but that they likewise take the oaths 
 " appointed by act of parliament to be taken instead 
 "of the oaths of allegiance and supremacy; as also 
 " the test, and subscribe the 'forementioned association ; 
 " all which you are accordingly to require of them, 
 " and not otherwise to admit any person into any such 
 " office or employment." After the proprietors had 
 'surrendered their power of government, relating to 
 ' their soil, they were under a necessity of employing 
 
 * persons, to survey and record the surveys of lands 
 
 * granted by and held of them ; and in the Eastern 
 ' division, several quit rents being due to them, there 
 
 * was a necessity of having one or more agents to col- 
 ' lect and receive those rents ; which persons (because 
 ' the crown intended, that the proprietors by the surren- 
 ' der of their government, should by no means be inse- 
 ' cure in their properties) your excellency was directed 
 'not only to permit such officers to be and execute their 
 'respective trusts, but also to aid and assist them, if 
 ' need were ; and because such offices were places of 
 ' trust, both with respect to the proprietors and the in- 
 ' habitants, it was directed, that they should take pro- 
 ' per oaths, and give good and sufficient security ; and 
 'that they who enjoyed those places of trust, might be 
 ' persons well affected to the present government, there 
 ' was especial care taken, to direct, that they should 
 'take the oaths appointed by act of parliament to be 
 'taken, which your excellency was to require of them, 
 'and not otherwise to admit them to execute those 
 'trusts: From all which we observe, first, that no 
 
 ' agents 
 
328 
 
 The history 
 
 A. D. 
 
 1707. 
 
 agents are concerned in tliat instrnction, bnt such as 
 were to survey and record the surveys of lands, and 
 collect the quit-rents. 
 
 ' 2. That the proprietors were not limited to employ 
 a certain number of agents, but might employ as 
 many as they thought fit ; all which your excellency 
 was to aid and as-sist if need were. 
 
 ' 3. Your excellency was not to expect while they 
 tendered themselves to take the oaths appointed, but 
 to require them to take them; and upon their refusal 
 not to admit them ; for it was impossible they, or any 
 else, should deem themselv^es bound by the queen^s 
 instructions to certain performances, except such 
 instructions had been made publick, and they made 
 acquainted with it. 
 
 ' Now in the first place, your excellency never pub- 
 lished any such instruction, nor ever did require 
 those agents called the council of proprietors to 
 comply with it by taking any oaths. 
 
 ^ 2. The council of proprietors are 
 as the instructions mention. 
 
 ' 3. Were that instruction binding, 
 has by no means com})lyed wdth it ; for the surveyor 
 appointed by the proprietors of the western division, 
 has several times tendered himself to take and sub- 
 scribe according to her majesty's directions, and 
 has been refused. 
 
 ' 4. Mr. Son mans, tho' a 
 powers disputed, admitted to 
 the eastern division, and that 
 and persons who were sworn 
 
 employed by proprietors, and a greater number, not 
 only not permitted to act, but deprived of their 
 places (with which your lordship had nothing to do) 
 without a due course of law, forceably by your lord- 
 ship's directions. 
 
 ' Lastly, the council of proprietors are attornies 
 to private men, for the taking care of their several 
 properties, and are neither concerned in that instruc- 
 tion, nor bound by it; if they were, we shall not 
 
 ' dispute 
 
 not such agents 
 your excellency 
 
 bankrupt, and his 
 keep the records of 
 without any security ; 
 to those places, and 
 
O F N E W - J E R S E Y . 
 
 329 
 
 dispute how far that instruction may be a law to your 
 lordship, but we are sure 'tis so to no body else, 
 but where the laws of the land bind without it ; and. 
 if so, 'tis no sufficient warrant to destroy any man's 
 property, or deprive him of the use of it, without 
 the judgment of his peers ; for your lordship cannot 
 but know, if you do not, the last clause of the peti- 
 tion of right will tell you, that the queen's servants 
 are to serve her according to law, and not otherwise ; 
 and every gentleman of the law can inform your 
 excellency, if he pleased, that the queen's authority 
 or warrant produced (if you had done any such 
 thing) cannot justify the commission of an unlaw- 
 ful act ; which this certaiidy must be, exce})t the law 
 provides that no man nnist make an attorney but 
 with your lordship's approbation : As to the second 
 reason, to use your excellen(.;y's expressions, if we 
 could wonder at any thing your excellency has done, 
 it would be at the reason your excellency gives, as 
 much as at the action ; it being a plain pretending to 
 a right of judging solely who have a right to their 
 estates, and who not, and according to that judg- 
 ment to permit them to retain or force them to part 
 with their possessions ; for in the first place, that 
 matter was never brought before your lordshij), and 
 what information you had (if you had any) was 
 private ; and M^e are told no freeman can be dispossessed 
 of his freehold but by judgment of his peers, or 
 the law of the land ; but here is at once a determina- 
 tion, that a number of proprietors, nigh or above 
 nine tenths of the whole, have no right to grant, 
 and accordingly they are prohibited taking up or 
 disposing of their lands; for the council of proprie- 
 tors, are all pro})rietors themselves, except mr. 
 Morris their president; and we can't see, but any 
 freeman, or number of freemen in the province, may 
 be dispossessed by the same measures; for 'tis but your 
 lordship's saying, the persons they had their lands 
 from, had no right to grant, and then order the pos- 
 sessors to make no further improvements, nor to dis- 
 
 ' pose 
 
330 
 
 The history 
 
 A. D. * pose of any of their lands : and thus conchide them 
 
 * without the tedious formality of the old magna 
 ' charta way ; and who is hardy enough to dispute with 
 'a man that commands two provinces? 
 
 ' 2, What your excellency asserts, with relation to 
 
 * the council of proprietors, viz. that they were per- 
 ' sons deriving a power from those who had no 
 'right to grant, is what your excellency neither did, 
 
 * nor could know ; that you did not know it, nothing 
 'is more plain; because your excellency some days 
 ' after your lordship's answer to our remonstrance, 
 ' summoned some of the council of proprietors before 
 ' yourself in council, and there asked them the follow- 
 
 * ing questions, viz. First, who the late council of 
 ' proprietors were ? Secondly, who were the present 
 'council of proprietors? Thirdly, Avho they derived 
 ' their powers from ? Fourthly, what their powers were ? 
 ' By which it appears, your excellency neither knew 
 
 * who the council of proprietors were, what their 
 ' powers were, nor who they derived them from ; 
 ' which is very far from knowing whether the persons 
 ' who gave them those powers, had power to grant or 
 ' not ; and that your excellency could not know, is as 
 
 * plain ; because the deeds of what proprietors are in 
 ' this country, you never did see ; and those that are 
 
 * in England, you could not see. 
 
 ' How your excellency is, from our voting the put- 
 ' ing the records into mr. Sonmans hands to be a grie- 
 ' vance, satisfied that the persons from whom the 
 
 * council of proprietors derive their power, have no 
 ' power to grant ; is very much beyond our poor capa- 
 ' cities to understand, and may perhaps be of the 
 ' number of those unanswerable objections your lord- 
 ' ship tells us of in your answer. To the next clause 
 'your lordship justifies your proceedings with the 
 ' assemblymen, as being your duty ; and that what' 
 ' you did, was by virtue of the queen's instructions ; 
 ' how far they will justify your excellency's conduct 
 ' is our next business to speak to ; but in the first place 
 ' we are obliged to your excellency, for acknowledg- 
 
 4ng 
 
Ojf ]stew - jersey. 
 
 331 
 
 ing the matter of fact ; which tho' notoriously known, 
 was omitted to be entered in the journals of this ■^''^'^* 
 house, by your excellency's faithful servant, mr. 
 William Anderson, late clerk of this house. 
 
 'By the queen's instructions, not the least colour of 
 authority is given to your excellency, to be a judge 
 of the qualifications of assemblymen, so as to admit or 
 reject them ; which is not only a direct contradiction 
 to the very nature and being of assemblies, but must 
 render the liberties, lives and properties of the people 
 entirely at your excellency's disposal ; which as her 
 majesty never intended, so without doubt she never 
 did intend by any instruction to make so precarious; 
 and how well she'll be pleased at wresting her instruc- 
 tions to authorize what we are well satisfied she will 
 be very far from countenancing, time may inform 
 us: This house could not be so much wanting to 
 themselves, and the province they represent, as to 
 omit taking notice of a procedure, which tends to 
 destroy the very being of assemblies, by rendering 
 them the tools of a governor's arbitrary pleasure, and 
 the enemies instead of the preservers of the liberties 
 of their country ; and we are well assured, that no- 
 thing your excellency has said, will perswade the 
 world to believe, that your excellency or any other 
 governor, has that power you pretend to, or that it 
 can be consistent with the liberties of a free people. 
 
 ' That there were considerable sums of money raised ; 
 that most of them were raised with intent and purpose 
 to give to your lordship, to procure the dissolution 
 of the last assembly, and procure such officers as the 
 contributors should approve of ; that in all proba- 
 bility the money so raised, was given to your lord- 
 ship ; that the assembly was dissolved ; that the con- 
 tributors were complied with as far as could be; 
 that you did receive from doctor John Johnston, 
 two hundred pounds, upon the score of the pro- 
 prietors of the eastern division of New-Jersey ; are 
 such notorious tuths, that it is a vanity to deny 
 them; and will be believed,, notwithstanding all the 
 
 ' force 
 
332 
 
 TmE HISTORY 
 
 A. D. force of evasive arts to perswade to the contrary : 
 1707. i j^jj^ since we have mentioned doctor Johnston, it's 
 ' not amiss to enquire, whether the services you were 
 ' to do the proprietors were such as your lordship 
 ' ought, or ought not to have done ; if they were such 
 ' as you ought to have done, you ought not to have 
 ' taken money for the doing of tliem ; if they were such 
 ' as you ought not to have done, much less ought your 
 Mordship to have taken money; and had yon not been 
 
 * more than ordinarily concerned in those private con- 
 ' tributions, without all peradventure would have used 
 
 all possible endeavours to have detected the thing, and 
 ^ not given those publick marks of your favour to the 
 ' persons most concerned in the persuading and pro- 
 
 * curing of them.. 
 
 ' As to what relates to the assembly, as your lord- 
 ship is not accountable to this house for what reasons 
 'you dissolved them, neither is this house to your lord- 
 'ship for their proceedings; they acted as became a 
 'house of representatives in the affair of Mr. Gordon, 
 ' and what they did, was not without your lordship's 
 ' approbation ; if that could add any thing to the power 
 'they had: As to your excelleucy's reflections on pri- 
 "' vate men, 'tis below the representative body of a 
 "* province to take any further notice of them, than to 
 ' do that justice to the two worthy members of this 
 ' house, as to say, they both have, and deserve better 
 ■' characters than your excellency gives them ; and that 
 ' the humblest application you can make to her majesty 
 ' will never induce her to grant you a power to use any 
 ' means to procure a satisfaction but what the laws 
 ' allow of, without such application : We concluded, 
 ' by acquainting your excellency, that the way to 
 ' engage the affections of a people, was to let them be 
 ' unmolested in the quiet enjoyment of those things 
 ' which belong to them of right, and should have dated 
 
 * our happiness from your excellency's complying with 
 ' so reasonable and just a desire ; to which your excel- 
 ' lency replied, that you could never answer taking 
 ■* advice from men, who did not know how to govern 
 
 ' themselves 
 
Of NEW- J ERSEY. 
 
 333 
 
 themselves, and who have always opposed the service 
 of the queen, and interest and good of their country :. 
 We shall wave the admirable coolness of temper, and 
 considerateness of the reflection and say, your excel- 
 lency could hardly have used plainer terms,, to tell us,, 
 you will not let us be quiet in the enjoyment of what 
 belongs to us of right ; and your excellency's proceed- 
 ings since that, has effectually convinced the world,, 
 that we have not put a wrong construction on your 
 excellency's expressions. 
 
 ' Are not her majesty's loyal subjects haul'd to goals, 
 and there lie without being admitted to bail? and those 
 that are the conditions of their recognizances are, that 
 if your excellency approves not of their being bailed, 
 they shall return to their prisons several of her maje- 
 sty's good subjects forced to abscond, and leave their- 
 habitations, being threatened with imprisonment, and 
 no hopes of receiving the benefit of the law ; when, 
 your excellency's absolute will is the sole measure of 
 it : One minister of the church of England, dragg'd 
 by a sheriff from Burlington to Amboy, and there- 
 kept in custody, without assigning any reason for it,, 
 and at last haul'd by force into a boat by your excel- 
 lency, and transported like a malefactor, into ano- 
 ther government, and there kept in a garrison a pri- 
 soner ; and no reason assigned for these violent proce- 
 dures, but your excellency's pleasure : Another mini- 
 ' nister of the church of England,, laid under a necessity 
 of leaving the province, from the reasonable appre- 
 hensions of meeting with the same treatment ; no> 
 orders of men either sacred or civil,, secure in their 
 lives, their liberties or estates ; and where these proce- 
 dures will end, God only knows. 
 
 ' If these, and what we have named before, be act& 
 ' of mercy, gentleness and good-nature ; if this be- 
 ' doing for the good, welfare and prosperity of the 
 ' people of this province ; if this be the administering 
 ' laws for the protection and preservation of her majesty's 
 ' subjects ; then have we been the most mistaken mea 
 ' in the world, and have had the falsest rtotion of things ; 
 
 '■calling 
 
S34 
 
 The history 
 
 A. D. ^calling that cruelty, oppression and injustice, which 
 1707. ' are their direct opposites, and those things slavery, 
 
 * imprisonment and hardsliips, which are freedom, 
 
 * liberty and ease ; and must henceforth take France, 
 
 * Denmark, the Muscovian, Ottoman and Eastern 
 'empires, to be the best models of a gentle and happy 
 
 * government. 
 
 ' Your excellency at last endeavours to persuade 
 ' the country, that the assembly, instead of protecting 
 
 * are invading the liberties of the people; and if we 
 
 * might have the liberty of using some of your excel- 
 
 * lency's cool and considerate terms, perhaps the fol- 
 lowing instances might justify those expressions; but 
 'we leave that to just and impartial men, who no doubt 
 ' will apply them where they are most due. 
 
 ' Your excellency asserts in the first place, " You 
 " have presumed to take the queen's subjects into the 
 " custody of the serjeant at arms, who are not members 
 " of your house ; which you can't lawfully do, and is 
 " a notorious violation of the liberties of the people." 
 ' Answer : There is nothing more known, than that 
 ' the contrary to what your excellency says is true, 
 'and hardly a session of parliament but affords multi- 
 ' tudes of instances, nay,, several instances can be pro- 
 
 * duced during the time of your excellency's being in 
 'the house of commons; and what your excellency 
 ' means by asserting a thing, which every body that 
 ' knows any thing, knows is not so, we can't tell. 
 
 ' Secondly, " You have taken upon you to admini- 
 "ster an oath to one of vour members, and have 
 " expell'd him from the house for refusing to take an 
 " oath which you could not legally administer to him ; 
 "this is most certainly robbing that member of liis 
 " property, and a most notorious assuming to your 
 " selves a negative voice to the freeholders election of 
 " their representatives, for which there can be no prc- 
 " cedent found." Answer:, We never did administer 
 'an oath, (tho' we think we have power so to do) 
 ' what oaths were administered were administered by 
 
 * justices of the peace before us: AVe expell'd tliat 
 
 ' member 
 
Of NEW-JERSEY. 
 
 member for several contempts ; for which we are not 
 * accountable to your excellency, nor no body else in 
 ' this province : We might lawfully expel him ; and 
 'if we had so thought fit, might have rendered him 
 'incapable of ever sitting in this house; and of this 
 ' many precedents may be produced. We are the 
 ' freeholders representatives ; and how it's possible 
 'we should assume a negative voice at the election of 
 ' ourselves, is what wants a little explanation to make 
 ' it intelligible. 
 
 ' Thirdly, " You have arbitrarily taken upon you 
 
 to command the high-sheriff of this country, to dis- 
 " charge a prisoner who was in his custody at the suit 
 " of one of the queen's subjects ; and he has been weak 
 " enough to do it, for which he lies liable to be sued for 
 "an escape, whenever the gentleman thinks fit to do it, 
 "and from which you can't protect him; this is a 
 ■" notorious violation of the right of the subject, and 
 "a manifest interruption of justice." Answer: The 
 ' person we ordered to be discharged, was an evidence 
 ' attending by order of the house, and under the pro- 
 ' tection of tliis house ; who were only wanting to 
 'themselves, in not sending the high-sherilf and law- 
 ^yers to the same place, for daring to offer so publick 
 'an affront to the representative body of a country. 
 
 ' Fourthly, " You have taken upon you to appoint 
 
 one of your members to act as clerk of the committee 
 " of the whole house, which you have no power to do, 
 " &c." Answer : Your excellency has been so very 
 'much mistaken in all the foregoing clauses, that we 
 ' have great reason to believe you are so in this : This 
 ' house has always, till of late, made their own clerks, 
 'and your excellency cannot shew us any law why we 
 'may not do it still, should we think fit to insist on it : 
 ' We have made no encroachments on her majesty's 
 'prerogative royal, nor never intended to do it, but 
 'shall to our utmost, study to preserve it, and honour- 
 'ably support her government over us, and hope your 
 "' excellency will think it for the service of the queen 
 
 'to 
 
336 The HIST OKY 
 
 A.D. 'to comply with our reasonable desires; which will 
 1707. < very much encourage us so to do. 
 
 * Divers of the members of this assembly being of the people 
 'called Quakers, do assent to the matter and substance, but make 
 * some exceptions to the stile. 
 
 By order of the house, 
 ^' ^Oc?ob,? m7.'' S^^^' '^^^^^"^^ 
 
 CHAP. XVIII. 
 
 Memorial of the West-Jersey proprietors residing in 
 England, to the lords eommissioners for trade and 
 plantations: The lieutenant governor, with some of 
 the Gouncil, address the queen: The last meeting of 
 assembly, under Cornbury's administration : They con- 
 tinue their oomplaints : 8amuel Jenings's death and 
 character. 
 
 TH E foregoing proceedings being by connection 
 necessary together, has delayed the following 
 memorial a little out of course as to strict order of; 
 time : The western proprietors residing in England, had 
 much resented Cornbury's treatment of the inhabitants, 
 especially in relation to the three members being kept 
 out of the assembly, by which he gained a majority 
 devoted to his measures ; and thus they complain. 
 
 ' To the right honourable the lords commissioners for 
 ' trade and plantations. 
 
 * The humble memorial of the proprietors of the 
 
 ' Western division of the province of New-Jersey, 
 ' in America. 
 
 * We humbly acknowledge your lordships great 
 'justice, in making the terms of our surrender of go- 
 ' vernment, part of the lord Cornbury's instructions 
 ' relating to the said province ; and heartily with his 
 ' excellency had given us occasion of acknowledging 
 
 * his due observation of the instruction, instead of 
 
 ' troubling 
 
Of NEW-JERSEY. 
 
 337 
 
 'troubling your lordships with a complaint of his 
 
 ' breach of them, which we are fully assured from 1707. 
 
 ' undoubted testimonies his excellency has made in the 
 
 'following instances ; and tho' he endeavours to palliate 
 
 Miis proceedings there, by frequently and publickly 
 
 ' asserting, that your lordships consented to no terms 
 
 ' upon our surrender ; yet were that as great a truth 
 
 * as it is a mistake, and those instructions had been 
 
 ' only of grace and favour, we conceive hirn to be 
 
 'obliged, and ourselves intituled to his punctual obser- 
 
 ' vation of them. 
 
 ' It is one of the terms consented to by your lord- 
 ' ships, and one of his excellency's instructions from 
 'your lordships; that the general assembly shall con- 
 ' sist of four and twenty representatives ; two to be 
 ' chosen by the inhabitants, housholders of the city or 
 ' town of Perth-Amboy ; two by the inhabitants, 
 ' housholders of the city or town of Burlington ; ten 
 ' to be chosen by the freeholders of the eastern, and 
 ' ten by the freeholders of the western division ; in 
 ' which election, every elector is to have one hundred 
 'acres of freehold land in liis own right, within the 
 ' division for which he shall choose ; and every person 
 ' elected is to have one thousand acres of freehold 
 ' land in his own right, within the division for wdiich 
 ' he shall be chosen. 
 
 ' This instruction, which we relied on as the chief 
 ' security of our estates in that province, his excellency 
 ' has not only violated, but has totally destroyed that 
 ' part of our constitution ; and in su(!h a manner as 
 'will render all assemblies a meer piece of formality, 
 'and only the tools of a governor's arbitrary pleasure. 
 
 ' For setting which proceeding in a due light, we 
 'must crave leave to lay before you lordshi[)s the 
 ' account we have received of it from our agent, and 
 ' other reputable persons of that province. 
 
 ' An assembly having been called and chosen, iu 
 .'the year 1703, pursuant to your lordships instruc- 
 'tions, prepared bills for settling the rights of the 
 'proprietors and planters, and for raising a revenue 
 
 Y 'of 
 
338 
 
 The history 
 
 A. B. 'of thirteen hundred pounds per annum, for three 
 1707. 'years, (which they knew was the utmost the country 
 
 * could bear) for the support of the government ; but 
 
 * his excellency requiring a greater sum, several persons, 
 ' our constant enemies and invaders of our proprieties, 
 ' and who therefore opposed the bill for settling our 
 
 * rights, undertook to procure an assembly more 
 
 * obedient to his excellency's demands ; and by that 
 ' and other arguments, which out of regard to his 
 
 * honour, we choose to wave the mention of, prevailed 
 ' upon him to dissolve that assembly, and to call another 
 ' to sit in November last; the writs were issued, and the 
 
 * election directed to be made, in such haste, that in one 
 
 * of the writs the qualifications of the persons to be 
 
 * elected was omitted, and the sheriff of one courtty 
 
 * not sworn till three days before the election, and 
 
 * many of the towns had not any (much less due) notice 
 
 * of the day of election ; but passing by these, and 
 
 * many other illegal artifices used by those undertakers, 
 ' to obtain an assembly to their own humour ; we shall 
 
 * insist only upon one grand instance, which is not to 
 
 * be parrallel'd in any of her majesty's plantations, and 
 
 * could not have been attempted without his excel- 
 
 * lency's encouragement, nor put in practice without 
 ' his concurrence. 
 
 ' When this assembly was met, and attended his 
 ' excellency in council, in order to be sworn, mr. 
 ' Revell and mr. Leeds, (two of the governor's 
 
 * council, and of the undertakers to procure such an 
 ' assembly as they had promised) suspecting the strength 
 ' of their party, objected against three of the members, 
 
 * returned, as persons not having each, one thousand 
 ' acres of land, and therefore unqualified to serve in the 
 ' assembly ; though these persons had such estates in 
 ' land, and were generally known to have so, and at 
 ' the time of their election had convinced Revell and 
 ' Leeds, who opposed them under that pretence, of the 
 
 * truth of it ; and this objection was not examinable, 
 
 * or determinable by his excellency or his council, or 
 ' otherwise than in the house of representatives, who 
 
 ' are 
 
Of NEW-JERSEY. 
 
 * are the only proper judges of their own members ; 
 
 * yet his excellency, upon this bare suggestion of Rev6ll 
 ^and Leeds, refused to swear these members, and ex- 
 
 * eluded them from sitting to serve their country ) 
 
 * this attempt was seconded by another trick of Revell 
 
 * and Leeds, who immediately sent the following note 
 
 * to the house of representatives. 
 
 * To the honourable the house of representatives. 
 ' Gentlemen, 
 
 We underwritten,, supposing we had good reason 
 
 * to charge three of the persons returned to serve as 
 ^representatives in this general assembly; but upon 
 ' due consideration find it difficult to come to a true 
 ' determination thereof, until we can by further enquiry 
 
 find the truth of what we have been informed of ; 
 ' we therefore humbly desire fourteen days time further, 
 ^ that we may be able more fully to inform this house 
 
 * therein, which we humbly suppose at present cannot 
 ' reasonably be expe(;ted from us ; we subscribe ourselves 
 ^ your humble supplicants, Thomas Revell. • 
 
 ' Nov. 15, 1704. Daniel Leeds.' 
 
 ' The counties for which they were chosen to serve 
 'expressed a great dissatisfaction at the exclusion of 
 ' their members ; and these and several other represen- 
 'tatives deliver'd an address to his excellency, for 
 
 * having them admitted to their right ; which met with 
 ' no other reception, than being called a piece of inso- 
 ^ lence and ill manners. 
 
 -By this exclusion of three members, and the con- 
 ^ tenii)t of the address for their admissicm, the under- 
 ' takers gained a majority by one in the house of 
 ' representatives, who adjourned the hearing of this 
 'case, until they had reaped the fruits of their iniquity, 
 'and accomplisiied the ends for which it was contrived; 
 ' for whilst this case was depending, a bill for taking 
 'away the qualifications of electors and the elected, 
 'and placing the right of choosing and being chosen 
 ' in the freeholders generally, without any express value 
 ' of their estates., was prepared and pass'd, wherein 
 
 ' there 
 
840 
 
 The HISTOEY 
 
 ' there is this remarkable and self-condemning d'eclara;- 
 ' tion of his excellency's proceedings, viz. that repre- 
 ' sentaiives met in general assembly are and shall be the 
 'judges of the qualifications of their own members. 
 
 ' After this and one other act, which we shall here- 
 ' after take notice of in its proper place, were passed,, 
 ' a day of hearing was allowed to the three exckicled 
 ' members, and notice of it given to Revell and Leeds, 
 ' who would not vouchsafe to appear, but having already 
 'obtained their ends, graciously signified by a,messagey 
 ' their mistake in their objection to those members. 
 
 ' The house proceeded in the inquiry,, and by deeds 
 ' and other authentick proofs, was so fully satisfied of 
 ' the estates of the excluded members, and that Revell 
 ' and Leeds had been convinced thereof, at the time of 
 'their elections, that the house unanimously declared 
 ' them duly qualified, and sent two of their body tO' 
 'acquaint his excellency of it, and to pray they might 
 ' be sworn ; but his excellency, whether out of a desire 
 'of assuming the glory of his arbitrary proceeding 
 ' wholly to himself, or of making the country sensible 
 ' that notwithstanding the act so lately passed, declaring 
 'the house judges of their own members; he was re- 
 ' solved to exercise that power for the future; or for 
 ' what other reason we know not, told those messengers 
 ' he must be satisfied of their qualifications, as well as 
 'the house; and still keeps them out of the assembly. 
 
 'This we conceive to be the assuming a negative 
 ' voice to the freeholders election of their representa- 
 ' tives ; and such an invasion of the rights of the 
 'assembly, as will, if tolerated or connived at, place 
 ' the whole legislature in the governor ; for if hfe can,, 
 ' at his pleasure, reject three representatives, he may 
 ' reject all, and make what laws he thinks fit without 
 'the formality of an assembly; but if this notorious 
 ' violation of our constitution had not been made by 
 'him, and the assembly had consisted of it's full pro- 
 ' portion of duly elected members ; we conceive, and 
 ' are advised, that his excellency had no authority,, 
 'nor any probable colour from his instructions for 
 
 ' passing 
 
Of new-jersey. 
 
 341 
 
 ■* passing this act ; for though the instruction relating A. D. 
 
 ^ to the election of general assembles, allows an ake- 
 
 'ration by act of assembly, of the number of the 
 
 ' representatives, and the manner of their being elected; 
 
 ' it leaves no power to the general assembly to alter the 
 
 'qualifications of the electors or elected; which was 
 
 •'intended to be a standing and unalterable part of the 
 
 •'constitution, as most agreeable to the constitution of 
 
 ^ England, where the electors of knights of the coun- 
 
 ' ties must have a certain fixed freehold; and the elec- 
 
 'ted are generally the principal landed men of their 
 
 'respective counties; but the alteration now made, 
 
 •' was intended to put the election of representatives 
 
 ' into the meanest of the people, who being impatient 
 
 ' of any superiors, will never fail to choose such from 
 
 ' amongst themselves, as may oppress us, and destroy 
 
 ■' our rights. 
 
 ■' It is another term of our surrender, and an instruction 
 ' to his excellency, that no act should be made to lay a 
 ■' tax upon unprofitable lands ; but his excellency has 
 'encourag'd and assented to a bill in this last assembly, for 
 ' taxing (without distinction) all lands belonging to the 
 'inhabitants there, and to all others not inhabiting there 
 ' who have settled any plantations, either by tenants, ser- 
 ' vants or negroes ; it is objection enough to this act, tliat 
 ' there is no other colony in America wherin uncultivated 
 ' lands are taxed ; and as this act was intended, so none 
 ' more effectual could have been contrived, to prejudice 
 ' tiie country in general, or the proprietors in particu- 
 ' lar ; for if anv man who has a thousand or more acres 
 ' of land, which he can neither manure nor sell (as 
 ' most of the first planters have) he must pay a tax for 
 ' this land, which may eat up the greatest part of the 
 ■' profit of what he can and does cultivate ; or he must 
 ' desert the whole ; and if we, who have great tracts of 
 'land of many thousand acres to sell, lett or settle 
 ■' but a few acres to maintain our agents or servants, 
 ' we must pay a tax for all the residue which yields us 
 ' nothing : In consequence of this act several persons 
 ' who had agreed with our agent for lands, have ' 
 
 ' renounced 
 
342 
 
 The history 
 
 A.D. 
 1707. 
 
 renounced their bargains, and" removed into other 
 countries, where they can purchase great tracts of 
 land, preserve them for their posterity to settle on y 
 and we, unless relieved from this oppression, must 
 deliver up our lands or our purses: This tax is im- 
 posed by the act passed in the assembly for raising a 
 revenue of two thousand pounds per annum, for two 
 years, for the support of her majesty's government 
 within that province ; and we have great reason to be- 
 lieve it to be part of the return promised by the under- 
 takers to his excellency, for his dissolving the former 
 assembly, and curtailing the last of three members. 
 
 ' It is another term of our surrender, and an instruc- 
 tion to his excellency, that the surveyors and other 
 persons appointed by us, for surveying and recording 
 the surveys of land granted and sold by us, shall be 
 permitted to execute their trusts; but his excellency 
 has taken upon him, even contrary to the advice of 
 his council, to appoint fees for patenting lands ; which 
 has created an opinion in the people, that the power of 
 granting lands is in him, has lessened the credit of 
 our title to lands, and encouraged the planters to dis- 
 pute our right. 
 
 ' His excellency has ordered all publick books^ 
 records and papers, to be delivered by our late secretary 
 to mr. Bass, our great debtor, and therefore our 
 avowed enemy, and has carried our records of deeds 
 and conveyances out of the province ; by this method 
 the proprietors of both the divisions are deprived of 
 all means to justify their past administration of the 
 evidences of their grants of lands to the purchasers 
 under them, (all the surveys and patents being 
 recorded in those books) and will destroy the office of 
 our register, or at least will disable him to perform 
 his duty in some cases which by acts of general assem- 
 bly he is obliged to do., " 
 
 ' It is a further term of our surrender, and instruc- 
 tions to his excellency, that all officers be appointed 
 by advice of the council ; but his excellency has con- 
 stituted several officers without such advice, and par- 
 
 'ticularly 
 
Of NEW-JERSEY. 
 
 343 
 
 ticularly a sheriif of Burlington, who was therefore A. D. 
 suspended by order of council, and yet continued to 
 act under his lordship's appointment. 
 
 ' We are further informed, that his excellency hath 
 put several mean and contemptible persons into the 
 commission of the peace, particularly one ****** 
 wliom lie knew to be under prosecution for felony ; 
 and has given commissions in the militia to others, 
 who have no estate in the province, and therefore 
 are not like to be zealous in the defence of it. 
 
 ' It is matter of some wonder to us, that after so 
 many acts of despotic power, his excellency did not 
 assume to himself, or obtain from the last assembly, 
 an authority of licencing any persons to purchase 
 lands from the Indians ; but condescends to apply to 
 your lordships, for an alteration of his instructions 
 in that particular ; there wants only the breach of this 
 instruction to compleat the ruin of our interests 'in 
 New-Jersey, and we humbly hope your lordships will 
 not enable him to give that finishing stroke : This 
 instruction, founded upon the right which the crown 
 of England claims by the law of nations, to all coun- 
 tries discovered by Englisli subjects, was intended to 
 assert that right against the pretences of many plan- 
 ters, who set up the Indians title in competition with 
 it ; and if that right be taken from the grantees of the 
 crown, all patents and grants of the whole main land 
 of North-America, have been only royal frauds, under 
 the sanction of the great seal of England, and no 
 man will ever after purchase lands under that title. 
 
 ' His excellency was lately so fully satisfied of the 
 policy and reasonableness of asserting this right to the 
 crown and its grantees, that in the year 1703, he 
 recommended, and assented to an act of assembly, for 
 restraining all persons besides the proprietors, from 
 purchasing lands from the Indians, under great penal- 
 ties ; and for vacating all such purchases formerly 
 made, unless the purchasers took a fresh grant from 
 the proprietors ; of which act we humbly pray your 
 lordships perusal. 
 
 *We 
 
344 
 
 The history 
 
 A. T>. ' ' We are purchasers for ready money, under a grant 
 1707. 'from king Charles the second, and are willing to sell 
 ' our lands and the Indians title to it, at reasonable rates, 
 ' according to the goodness of the soil and situation, 
 ' and ought not to be compelled to accept a quit-rent 
 
 * (much less a quit-rent to be let by other persons than 
 ' ourselves as his excellency proposes) instead of selling 
 ' for ready money ; nor ought our properties to be at 
 ' the disposal of a governor : 'Tis not the want of a 
 
 * power in the planters to purchase lands from the Indi- 
 
 * ans, but the taxing of uncultivated lands, and over- 
 ' turning the constitution for assembly-men, that has 
 
 * occasioned those persons mentioned by his excellency, 
 
 * to remove to Pennsylvania and other colonies. 
 
 ' May it please your lordships, 
 'The usage we have received from his excellency, is 
 ' so contrary to the terms of our surrender of govern- 
 
 * ment, to the assurances we had from your lordships, 
 
 * of the due observance of them, and to the plain in- 
 ' structions given by your lordships to his excellency ; 
 
 * that we humbly hope, it will not be thought any 
 ' immodesty or want of duty in us, to protest, as we do 
 
 * protest against all the proceedings of the last assembly, 
 ' wherein by the arbitrary exclusion of three members 
 
 * without any just exception, the country was not duly 
 
 * represented, and to beg your lordships intercession 
 
 * with her majesty, that the acts passed in that assembly 
 
 * may not be confirmed by her royal assent. 
 
 ' We further pray, that colonel Lewis Morris, who 
 
 * has been a second time suspended from his place in 
 
 * council, by his excellency, only for using the free- 
 
 * dom which every member of the council is entitled to, 
 ' and ought to exercise, of opposing any bill brought 
 ' before them, if he conceives it prejudicial to the in- 
 
 * terest either of the country in general, or of any par- 
 ' ticular persons, may be restored ; and that your lord- 
 ' ships will please to place in the room of such as are dead, 
 
 * some of the persons following, viz Mr. Miles Foster, 
 ' mr. Richard Townley, mr. Hugh Huddy, mr. William 
 
 * Hall and mr. John Harrison, who are men of known 
 
 * integrity 
 
Of NEW - jersey. 
 
 345 
 
 * integrity and estates ; and as a further security of our A. D. 
 ' estates tliere, and that no persons may at any time be 
 
 * admitted of the governors council, or to be in the 
 ' commission of the peace, or of the militia, but such 
 ^ who have real estates in the province suitable to their 
 
 * stations, and who reside there. 
 
 ' Signed by Thomas Lane, Paul Dominique, John ' 
 'Bridges, Rob. Mitchel, Tho. Burrow, Era. Mitchel, 
 ' Eben. Jones, Jos. Broosbank, John Norton, Jo. 
 
 * Bennet, E. Richier, Tho. Skinner, Rich. Greena- 
 ' way, Jos. Collins, Cha. Mitchel, Jos. Micklethwait, 
 ' Tho. Lewes, Wm. Snelling. 
 
 Two days after Cornbury liad refused to receive the 
 asseipbly's reply, he sent for them, and though several 
 important bills were unfinish'd, adjourn'd the house 
 to the spring next year : Not receiving the reply in 
 form, he escaped the necessity of attempting to clear 
 up what he could not do with justice or equity : Some 
 of the glaring facts still confirm'd the truth of the 
 charges against him, he thought he had a more effec- 
 tual way of dealing ; that was, to lodge a complaint 
 with the queen ; accordingly by an underhand artifice, 
 his trusty friend the lieut. governor Ingoldsby, with 
 some of the council, signed and privately transmitted 
 an address, as follows. 
 
 ' To the Queen's most excellent majesty. Address 
 
 ' '^^hp hnmblfi fidfb'ftss of the Hentpnant o-ov^ftrnor and '''^^ 
 
 meen 
 
 The humble address of the lieutenant governor and 
 ' council of Nova-Csesaria or New-Jersey, in 
 ' America. 
 
 ' May it please your majesty ; 
 ' We the lieutenant governor and council of your 
 majesty's province of Nova-Csesaria or New-Jersey, 
 having seriously and deliberately taken into conside- 
 ration the proceedings of the present assembly or 
 representative body of this province, thought our 
 selves bound, both in duty and conscience, to testify 
 to your majesty, our dislike and abhorrence of the 
 
 'same 
 
346 
 
 The HISTOEY 
 
 ■A. B. ' same ; being; very sensible, that the unaccountable- 
 
 1707 • • T • 
 
 ' • ' humours and pernicious designs of some particular 
 ' men, have put them upon so many irregularities, with 
 'intention only to occasion divisions and distractions, 
 ' to the disturbance of the great and weighty affairs 
 which both your majesty's honour and dignity aa 
 
 * well as the peace and welfare of the country required ; 
 
 * their high encroachments upon your majesty's prero- 
 *gative royal; notorious violations of the rights and 
 
 * liberties of the subjects ; manifest interruptions of 
 'justice, and most unmannerly treatment of his excel- 
 
 * lency the lord Corn bury, would have induced us 
 ' sooner to have discharged our duty to your majesty, 
 ' in giving a full representation of the unhappy cir- 
 'cumstances of this your majesty's province t'and 
 'government; had we not been in hopes that his 
 ' excellency the lord Cornbury's full and ample answer 
 
 * to a most scandalous libel, called the remonstrance 
 ' of the assembly of Nova Csesaria or New- J ersey, 
 'which was delivered to the governor by the assembly 
 ' at Burlington in May last, would have opened the 
 'eyes of the assembly, and brought them back to their 
 ' reason and duty ; but finding that those few turbu- 
 'lent and uneasy spirits in the assembly, have still 
 ' been able to influence and amuse the judgments of 
 ' many well-meaning men in that body ; as appears 
 ' by another late scandalous and infamous libel, called, 
 " The reply of the house of representatives of the 
 " province of New-Jersey, to an answer made by his 
 " excellency Edward viscount Cornbury, governor of 
 " the said province, to the humble remonstrance of 
 " the aforesaid house : " We are now obliged humbly 
 ' to represent to your majesty, the true cause, which we 
 ' conceive may lead to the remedy of these confusions. 
 
 ' The first is owing to the turbulent, factious, un- 
 ' easy, and disloyal prj^nciples of two men in that 
 ' assembly, mr. Lewis Morris, and Samuel Jenings, a 
 ' quaker ; men notoriously known to be uneasy under 
 ' all government ; men never known to be consistent 
 
 * with themselves ; men to whom all the factions and 
 
 ' confusions 
 
Op NEW- JERSEY. 347 
 
 confusions in the government of New-Jersey and A. D. 
 Pennsylvania for many years are -wholly owing; J-'^'. 
 men that have had the confidence to declare in open 
 council, that your majesty's instructions to your 
 governors in these provinces, shall not oblige or bind 
 them, nor will they be concluded by them, further 
 than they are warranted by the law, of which also 
 they will be the judges; and this is done by them, 
 (as we have all the reason in the world to believe) 
 to encourage not only this government, but also the 
 rest of your governments in America, to throw oflp 
 your majesty's royal prerogative, and consequently 
 to involve all your dominions in this part of the 
 world, and the honest, good and well-meaning people 
 in them, in confusion, hoping thereby to obtain 
 their wicked purposes. 
 
 ' The remedy for all these evils, we most humbly 
 propose, is, that your majesty will most graciously 
 please to discountenance those wicked designing men, 
 ' and shew some dislike to this assembly's proceedings, 
 who are resolved neither to support this your majesty's 
 government by a revenue, nor take care to defend it 
 by settling a militia: The last libel, called " the reply, 
 ' &c." came out so suddenly, that as yet we have not 
 had time to answer it in all its particulars; but do 
 ' assure your majesty it is for the most part false in fact, 
 ' and that part of it which carries any face of truth, 
 
 ■ they have been malicious and unjust in not mentioning 
 
 ■ the whole truth ; which would have fully justified my 
 'lord Corn bury 's just conduct. 
 
 ' Thus, having discharged this part of our duty, 
 • which we thought at present incumbent upon us, we 
 ' beg leave to assure your majesty, that whenever we 
 ' shall see the people of this province labour under any 
 'thing like a grievance; we shall, according to our 
 ' duty, immediately apply to the governor, with our 
 
 ■ bes^ advice for the redress of it; and we have no 
 ' reason yet to doubt of a ready compliance in hira ; 
 ' we shall- not be particular, but crave leave to refer 
 ' to his excellency's representation of them to the right 
 
 ' honourable 
 
The history 
 
 A. D. 
 1707. 
 
 honourable the lords commissioners for trade and 
 plantations. 
 
 ' The strenous asserting of your majesty's prerogative 
 royal, and vindicating the honour of your governor 
 the lord Cornbury, will in our humble opinion, be 
 so absolutely necessary at this juncture, that without 
 your so doing, your majesty will find yourself deceived 
 either in expectation of a revenue for support of the 
 government, or militia for its defence. 
 / In hopes your majesty will take these important 
 things into your consideration, and his excellency the 
 lord Cornbury, with all the members of your maje- 
 sty's council, into your royal favour and protection ; 
 we shall conclude with our most fervent prayers to 
 the most high, to lengthen your days, and encrease 
 your glories ; and that ourselves in particular, and all 
 others in general, who reap the benefit of your maje- 
 sty's most gentle and happy government, may be, 
 and ever continue the most loyal and dutiful of sub- 
 jects to the most glorious and best of queens. 
 
 ' Rich. Ingoldsby, William Pinhorne, R. Mom-peson, 
 Thomas Revell, Daniel Leeds, Daniel Coxe, Richard 
 Townley, Rob. Quarry, William Sandford. 
 
 1708. 
 
 T. Gor- 
 don, spea- 
 ker. 
 
 Assembly 
 di^olv'd. 
 
 Speech. 
 
 On the 5th of the month called May, this year, 
 the assembly met at Burlington : Jenings their speaker 
 being indisposed, Thomas Gordon was chose to suc- 
 ceed him : They received the speech ; and delivered 
 their address the 12th ; which containing the old story 
 of grievances, so displeased the governor, that he im- 
 mediately adjourn'd them to the September following, 
 to meet at Amboy, but in the interval dissolved them ; 
 and being himself soon after superseded, he met them 
 no more ; the business of the last session began bv his 
 telling them in his speech. * 
 
 It was the great desire he had to see the service of 
 the queen, and good of the province carried on, sup- 
 ported and provided for, that induced him to call them 
 
 ' together 
 
Of NEW-JERSEY. 
 
 349 
 
 together ; to prepare and pass such laws as were proper ; A. D. 
 and that he might not be wanting in his duty, he 
 should point out what he thought required their irntne- 
 diate notice; the first was a bill for support of govern- 
 ment ; that the revenue the queen expected was 
 £. 1500, per annum, to continue 21 years ; next the 
 reviving or re-enacting the militia bill, which was likely 
 soon to expire ; that he had every session since he had 
 been governor, recommended the passing a bill or bills 
 for confirming the right -and property of the soil of the 
 province to the general proprietors, according to their 
 respective rights and titles ; as also to settle and con- 
 firm the particular titles and estates of all the inhabi- 
 tants of the province, and others, claiming under the 
 proprietors; that he was still of opinion, such a bill 
 would best conduce to the improvement, as well as 
 peace and quiet of the province ; that he had last year 
 recommended the passing of bills for erecting and re- 
 pairing prisons and court houses in the different coun- 
 ties, the building of bridges in places where they were 
 wanting, by general tax ; and as late experience had 
 taught the necessity of settling the qualifications of 
 jurymen, he desired they would prepare bills for these 
 purposes ; and revive such of the acts of assembly 
 passed in the time of the proprietary government as 
 would be of use, that they might be presented for the 
 queen's approbation. 
 
 The assembly in their address on this occasion, de- Assemblys 
 clare, they then were, and always had been ready and ^ 
 desirous to support the government to the utmost of 
 their poor abilities ; that they were heartily sorry for 
 the misunderstanding between the governor and them ; 
 that about twelve months ago they had humbly repre- 
 sented to him, some of tlie many grievances their 
 country laboured under ; most of which they were 
 sorry to say, yet remained, and daily increased ; that 
 
 they 
 
350 
 
 The history 
 
 A. D. they found the queen's good subjects of the province 
 were continually prosecuted by informations, upon fri- 
 volous pretences, which rendered that excellent con- 
 stitution of grand juries useless ; and if continued, 
 would put it in the power of an attorney general, to 
 raise his fortune upon the ruin of his country. 
 
 That they found it a great charge to the country, that 
 juries and evidences were brought from remote parts 
 of the province, to the supreme courts at Burlington 
 and Amboy ; that it was a great grievance that the 
 practice of the law was so precarious, that innocent 
 persons were prosecuted upon informations, and actions 
 brought against several of the queen's subjects, in 
 which the gentlemen licensed to practice the law, were 
 affraid to appear for them ; or if they appeared, did not 
 discharge their duty to their clients, for fear of being 
 suspended, without being convict of any crime deserving 
 it, or reason assigned ; as was done at Burlington, in 
 May last, to the damage of many of the queen's good 
 subjects. 
 
 That they found the representatives of this her ma- 
 jesty's province so slighted, and their commands so 
 little regarded, that the clerk of the crown had refused 
 to issue a writ for the electing a member wanting in 
 their house ; they hoped he would consider, and remove 
 these and many other inconveniencies and grievances 
 that the province labor'd under ; which would enable 
 them to exert the utmost of their abilities, in su[)port- 
 ing her majesty's government, and would make them 
 happy under the mild and meek administration of a 
 great and glorious queen ; that they doubted not, 
 were hfer majesty rightly informed of the poverty a i id 
 circumstances of their country, and that their lively- 
 hoods depended upon the seasons of the year; their 
 most gracious sovereign M^ould pity their condition, 
 and never expect the settlement of any support of go- 
 vernment, further than from one year to another. 
 
 That 
 
Of NEW-JERSEY. 
 
 351 
 
 That they found the present militia bill so great a ^708* 
 •grievance to their country, they could never think of 
 reviving or re-enacting it, as it now was ; though they 
 were heartily willing to provide for the defence of 
 their country, which they hoped might be done with 
 greater case to the people ; that they had been, and 
 still were endeavouring to answer her majesty's com- 
 mands, in confirming the right and property of the 
 soil of the province to the general proprietors, accord- 
 ing to their respective rights and titles ; and likewise 
 to confirm and settle the particular titles and estates of 
 all the inhabitants, and other purchasers, claiming 
 under the proprietors ; but tho' they had several 
 times met in general assembly, they had not opportu- 
 nity to perfect it ; they acknowledge the favour of 
 being put in mind of providing prisons, court-houses, 
 -and bridges, where such were wanting, which they 
 should take into consideration. 
 
 That they had a bill for settling the qualifications 
 of juries, prepared last sitting at Amboy, and should 
 now present it ; and thanking him for reminding them 
 of reviving their former laws ; say, they had before ap- 
 pointed a committee for that end ; but were impeded 
 by Bass, the secretary, positively refusing to let them 
 have the perusal of them ; and that as they had always 
 used their utmost endeavour in the faithful service of 
 the (pieen, and for the bsnefit of the country ; so they 
 should still continue to do it with all the dispatch they 
 were capable of. 
 
 Here we part with lord Cornbury's administration, q- Lord 
 
 Here ^'^'^'^''"^y* 
 
 '7. At a council held at Amboy, 28ih of March, 1708. The 
 ptHition of Edward vis(!oiint Cornonry, late governor of this pro- 
 'vuK-e; setiiiig forth, thai lie luid due to liitii, sundry, sums of^ 
 'money, for wliich he desired warrants, to enable him, if the 
 'rfVt niie of this province was not able to pav the same, he might 
 demand the same of her majesty, was read, and dismissed. 
 
 ' Lord 
 
S52 
 
 The history 
 
 A. D. Here also we part with his opponent S. Jenings ; his 
 
 Q -J .' , indisposition continued about twelve months, and then 
 defith^ancP ^ ^ finished his life : His many services have occasioned 
 character. j^jj^-^ j^g often mentioned : His profession of religion 
 was that of the people called quakers ; he was early 
 an approved minister among them, and so continued 
 to his death ; common opinion, apt to limit this sphere 
 of action, will however allow general rules to have 
 their exceptions, as instances now and then, though 
 perhaps but rarely, occur, where variety of talents have 
 united in the same individual, and yet not interfered ; 
 such, the accounts of those times (stripp'd of the local 
 uncertainties of faction and party) tell us, was the 
 circumstance with regard to Jenings ; that his autho- 
 rity, founded on experienc'd candour, probity, and 
 abilities, enlarged opportunities, rendered him not 
 
 in 
 
 ' Lord Cornbury, (says a writer, well inforra'd in his character) 
 'was no let^s obnoxious to the people of New-Jersey, tlian to those 
 'of New-York: The assembly of that province, impatient of his 
 'tyranny, drew up a complaint against him, which tbey sent home 
 ' to the queen. 
 
 'Her majesty graciously listened to the cries of'her injur'd sub- 
 'jects, divested him of his power, and appointed lord Lovelace in 
 'hissieail; declarino:, that she would not countenance her nearest 
 'relations in oppressing her people. 
 
 'As soon as my lord was superceded, his creditors threw him 
 'into the custo.dy of the sheriff' of New-York; and he remained 
 'there till the death of his father, when succeeding to the earldom 
 'of Clarendon, he returned to England. 
 
 ' We never had a governor so universally detested, nor any who 
 'so richly <leserved the publick abhorrence; in spite of his noble 
 'descent, his behaviour was trifling, mean and extravagant. 
 
 'It was not uncommon for him to dress himself in a woman's 
 'habit, and then to patrole the fort in which he resided; such 
 freaks of low humour exposed "him to the universal contempt of 
 'the people; but their indignation was kindled by his desp tick 
 'rule, savage bigotry, ini-atiable avarice and injustice, not only to 
 'the publick, but even liis private creditors; for he left some of 
 'the lowest tradesmen in his employment unsatisfied in their just 
 'demands.' Hid. of New-York, p. 116. 
 
 He died in 1723. See notes in the Art. Law, Hyde, E. of 
 Roehesler, Biogr. Brit. 
 
Of NEW-JERSEY. 
 
 363 
 
 in one capacity or to one society only, but generally 
 useful : It is mentioned, that he was of an obliging, 
 affectionate disposition, yet of a hasty warm temper; 
 that he notwithstanding managed it with circumspec- 
 tion and prudence, so that few occasions escaped to 
 the disadvantage of his character, or of any cause he 
 engaged in ; that he saw the danger to which his 
 natural impetuosity exposed him ; knew his preser- 
 vation lay in a close attention to his cooler prospects, 
 and diligently guarding in that spot, experienced the 
 benefit in many trying events; that his integrity and 
 fortitude in all stations, were acknowledged ; that his 
 judgment was the rule of his conduct, and by what 
 can now be gathered, this seems to have been but 
 seldom injudiciously founded; that alive to the more 
 generous emotions of a mind form'd to benevolence 
 and acts of humanity, he was a friend to the widow, 
 the fatherless and the unhappy ; tender, compassionate, 
 disinterested, and with great opportunities left but a 
 small estate; that abhorring oppression in every shape, 
 his whole conduct discovered a will to relieve and 
 befriend mankind, far above the littleness of party or 
 sinister views ; that his sentiments of right and liberty, 
 were formed on the revolution establishment, a plan 
 successfully adapted to the improvement of a new 
 country, or any country; that he was notwithstanding 
 all tliis sometimes thought stiff' and impracticable, but 
 chiefly on account of his political attachments ; yet 
 that there were instances, where better knowledge of 
 his principles, and the sincerity with which he acted, 
 totally effaced those impressions, and left him friends 
 where none were expected : Much of his time, we have 
 seen, was long devoted to the publick, with a will to 
 be useful, occasions were not wanting ; West- Jersey and 
 
 Z Pennsylvania,. 
 
354 
 
 The history 
 
 A. D. Pennsylvania/- and New-Jersey after the surrender, 
 ' ' for near twenty eight years successively, were repeated 
 witnesses of his conduct in various capacities ; he studied 
 peace, and the welfare of mankind ; but in some instances 
 met with ungrateful returns; and tho' his endeavours 
 did not altogether succeed to his mind, he survived 
 personal accusation, in a great measure, with respect 
 to himself ; and as to the publick, just lived long 
 enough to see it emerging from an unpromising state 
 of litigation and controversy, to more quiet than had 
 been known for many years : His three daughters, 
 (who were all the children he left) intermarried with 
 three brothers, of .the name of Stephenson, whose 
 posterity now reside in New-Jersey and Pennsylvania. «• 
 
 , In the latter end of this year was a new return of 
 members of assembly; their names were, For the 
 Eastern division : Thomas Gordon, speaker ; Thomas 
 Parmer, Elisha Parker, John Royse, John Harrison, 
 Benjamin Lyon, Gershom Mott, Elisha Lawrence, 
 
 John Trent, William Morris, Enoch Machelsen, 
 
 Eldridge. For the Western division, Thomas Gar- 
 diner, Thomas Raper, Hugh Sharp, Nathaniel Cripps, 
 John Kay, John Kaighn, Richard Johnson, Natha- 
 niel Breading, Hugh Middleton, John Lewis: This 
 assembly met, but upon the new governor's arrival, 
 was dissolved. 
 
 r. He lived some years, and bore several important offices in 
 Pennsylvania. 
 
 «, See p. 124, 295. 
 
 CHAP. 
 
Of NEW-JERSEY. 
 
 CHAP. XIX. 
 
 Lord Lovelace arrives governor : Convenes a new 
 assembly ; they apply to him for a hearing on the 
 subject of the lieutenant governor and council's 
 application to the queen : His death ; is succeeded by 
 the lieutenant governor Ingoldsby : The first paper 
 currency : Arrival of governor Hunter : A short 
 •account of the first expedition to Canada : A new 
 assembly chosen; their first session in Hunter's time. 
 
 JOHN Lord Lovelace, baron of Hurley, being A. D. 
 appointed to succeed lord Cornbury ; he summoned ^^^^* 
 the council to meet him at Bergen, December 20, 1708, 
 published his commission, and met a new assserably < 
 in the spring, at Perth- Amboy, and informed them by 1709. 
 speech : 
 
 Tliat he was very sensible of great difficulties Speech, 
 attending the honorable employment in which her 
 majesty had placed him, and he hoped they would 
 never fail to assist him to serve the queen and her 
 people ; that her majesty had shewn, in the whole 
 course of her reign (a reign glorious beyond example) 
 how much she aim'd at the good and prosperity of 
 her people ; having with indefatigable pains united 
 her two kingdoms of England and Scotland, and 
 'Continued the same application to unite the minds of 
 all her subjects ; that this was her great care, and 
 ought to be the care of those whom she deputed to 
 
 govern 
 
 *. For the Eastern division: Ellsha Lawrence, Capt. Prioe, Gr. 
 Mott, — - Shepard, J. Johnston, T. Gordon, J. Harrison, The. 
 Fiizran(h)lpli, Geo. Diine^an, Jolin Trent, Luw. Vanbiiskirk. 
 
 Western division: John Kay, speaker, P. Fretwell, J. K^ughii, 
 H. Sh^rp, T. Lambert, John Lewis, Samuel Smitli, — Dennis, 
 Jacob Spicer, Robert Wheeler, Wiiiiam Bustill. 
 
356 The HISTORY 
 
 A. D. govern the distant provinces, not happy enough by 
 situation to be under her more immediate govern- 
 ment ; that as he could not set before him a better 
 pattern, he should endeavour to recommend himself 
 to them, by following as far as he was able, her ex- 
 ample; that he should not give them any just cause of 
 uneasiness, under his administration, and hoped they 
 would bear with one another ; that past differences and 
 animosities ought to be buried in oblivion, and the 
 peace and well fare of the country alone, pursued by 
 each individual ; that her majesty would not be burthen- 
 some to her people ; but there being an absolute neces- 
 sity that the government be supported, he was directed 
 to recommend that matter to their consideration ; that 
 they knew best what the province could conveniently 
 raise for it's support, and the easiest methods of raising 
 it; that the making a law for putting the militia on a 
 better footing than it at present stood, with as much 
 ease to the people as possible, required their considera- 
 tion ; that he should always be ready to give his assent 
 to whatever laws they found necessary, for promoting 
 religion and virtue ; for the encouragement of trade 
 and industry, and discouragement of vice and pro- 
 plianeness, and for any other matter or thing relating 
 to the good of the province. 
 Assemblys The assembly, in their turn, told the governor by 
 address ; that they esteemed it their great happiness, 
 that her majesty had placed a person of so much temper 
 and moderation over them, and made no question he 
 w^ould surmount every difficulty with honour and 
 safety. 
 
 That her majesty's reign would make a bright leaf 
 in history ; that it was the advantage of the present, 
 and would be the admiration of future ages, not more 
 for her success abroad, than prudence at home ; that 
 
 ' tho" 
 
 address. 
 
Of NEW-JEESEY. 
 
 tho' their distance had and might sometimes be disad- 
 vantageous to them, yet they experienced the effect of 
 her princely care, in putting an end to the worst admi- 
 nistration New- Jersey ever knew, by sending hinij 
 whose government would always be easy to her ma- 
 jesty's subjects here, and satisfactory to himself, whilst 
 he followed so great and good an example. 
 
 That they had no animosities with one another, but 
 firmly agreed to do themselves and their country justice j 
 that they were persuaded none that deserved publick 
 censure, would have a share in his esteem ; and doubted 
 not of meeting with his hearty concurrence in every 
 measure, that conduced to peace and good order. 
 
 That they should support the government to the 
 utmost of their abilities, and most willingly so at a 
 time when they were freed from bondage and arbitrary 
 encroachments, and were convinced that vice and 
 immorality would no more receive the publick counte- 
 nance and approbation. 
 
 They assured him, all his reasonable desires would be 
 commands to them * and promised it should be their 
 study to make his administration as easy and happy 
 as they could. 
 
 The session lasted a month, in which business went 
 on with unusual smoothness; the assembly obtained 
 from the governor, a copy of the address (before in- 
 serted) from the lieutenant governor and council, to 
 the queen, in 1707 ; they thanked him for the favour, 
 and requested he would desire the lieutenant governor, 
 and all that signed the address, to attend him at such time 
 as he thought fit to appoint, to prove their allegations ; 
 and that the house might have leave to be present, and 
 have opportunity of making their defence, in order to 
 olear themselves from such imputations. 
 
 The governor shewed a ready inclination to grant 
 this request, and appointed a day for a hearing ; but by 
 
 the 
 
The history 
 
 the artifices of those concerned, it was evaded from 
 time to time : Whether they at last gain'd their point, 
 does not appear. 
 
 Most of the inhabitants of New-Jersey, now pleased 
 themselves with the prospect of happy times : With a 
 change of governors followed a change of measures 
 and favourites; impartiality and candour succeeded 
 trick and design ; the tools of the former administra- 
 tion having nothing but the protection of that to sup- 
 port them, sunk into neglect. 
 
 It was Cornbury's weakness to encourage men that 
 would flatter his vanity, and trim to his humours and 
 measures ; these were sure of his favours ; but the case 
 was otherwise now : Such of the former favourites aa 
 yet continued in the council, were not without their 
 share of disesteem ; even the confidence which had 
 been usually put in that board, on passing the support 
 bill, was discontinued : The assembly declaring to 
 Lovelace, that tho' they had an entire confidence in 
 his justice and prudence, respecting the disposition of 
 the money for support of government, they had not that 
 eonfidenee in the gentlemen that were now of her majesty's 
 council; and that this was the reason they had altered 
 the former method ; and therefore requested he would 
 favourably represent it to the queen in their behalf.^- 
 
 The 
 
 «. The law regulating the qualification of representali-res to serve 
 in general assembly, now passed, is yet in force ; the substance of thia 
 and tlie additional one passed at a different session, but in the same 
 year, is, that every voter shall have 100 acres of land in his own right, 
 or be worth £.60 current money; that the persons elected, shall 
 have 1000 acres in his own right, or be worth £. 500' current 
 money, in personal estate ; that the representatives and electors shall 
 be I'reeholders, and have estates sufficient to qualify him oi? them in 
 the division where electing or chosen ; that the house of representatives 
 shall be judges of the qualification of their members; thast the same 
 forfeitures shall attend undue returns as in England ; and thast no per- 
 son shall be chosen a representative, who with his family, does not 
 reside in the province. See also the laws of 1725 and) 1730. Vok 
 1, p. 142, 195. 
 
Of new-jersey. 359 
 
 The difference of these administrations will appear 
 
 ^ 1709. 
 
 on a short comparison. 
 
 The first on the subject of a support, makes use of 
 the following expressions : * That I may not be want- 
 ing in my duty in the station the queen has been 
 pleased to honour me with ; I shall put you in mind 
 of those things, which I think ought to be imme- 
 diately provided for ; the first of which is providing 
 a revenue for the support of government ; the reve- 
 nue which the queen expects is fifteen hundred 
 pounds a year, for one and twenty years.' 
 Lord Lovelace, ten months afterwards, upon the 
 same occasion, speaks as follows : ' Her majesty would 
 ' not be burthensome to her people, but there being an 
 
 * absolute necessity that the government be supported ; 
 ' I am desired to recommend that matter to your con- 
 ' sideration ; you know best what the province can con- 
 
 * veniently raise for its support, and the easiest method 
 ' of raising it.' 
 
 Hence may be seen, that the inhabitants had some 
 reason to promise themselves more happy times than 
 heretofore ; but to their great disappointment, lord 
 Lovelace died within a few days afterwards, and the I^ord 
 administration devolved on the lieutenant governor ^[^^^ 
 Ingoldsby, who laid before the assembly the design of 
 the crown, respecting an expedition against Canada, 
 under the colonels Nicholson and Vetch ; they imme- . 
 diately voted £. 3000, for the service, by an emission 
 of paper bills of credit, but did not now pass the bill. 
 
 The lieutenant governor adjourned them for a few 
 weeks, and then told them, he had given them ano- 
 ther opportunity of doing their duty to her majesty, Lieutenant 
 and what their country required at their hands. speech.^^" 
 
 That he found in their votes at last sitting, a resolve 
 for raising £. 3000, for her majesty's service ; that this 
 was now become a debt, and they had only to consider 
 
 of 
 
I 
 
 360 TheHISTORY 
 
 -^^^D. of ways and means of raising it ; and that a proper 
 application was made for the paying of their quota of 
 men appointed for reducing Canada. 
 
 The assembly prepared three bills, one for raising 
 First pa- £. 3,000/- another for enforcing its currency, and a 
 ney-"^^" third for the encouragement of volunteers, going on 
 the Canada expedition ; these bills having received the 
 governor's assent, the house was adjourn'd to the first 
 of November, to meet at Burlington ; in November 
 they met accordingly, but deferred business till De- 
 cember, when they sat ten weeks, passed 18 bills, 
 were then adjourn'd, and afterwards prorogued from 
 time to time, till dissolved by governor Hunter, in 
 1710.2/. 
 
 It 
 
 X. Here began the paper currency in New-Jersey : The care of 
 the legislature respecting it, in this and all the succeeding emissions 
 being to render the funds for sinking, according to the acts that 
 created it, secure, and to prevent the currency failing in vahie ; by 
 changing the bills as they became ragged and torn, and allowing no 
 re-emissions on any other account whatsoever ; it has thence from 
 the beginning, preserved its credit, and proved of great service to 
 the proprietors, in the sale of their lands, and to the settlers, in ena- 
 bling them to purchase and contract, and pay English debts, and go 
 on with their improvements; the securities when issued on loan, 
 were double the value in lands, or treble in houses, and five per cent, 
 interest; but now (1765) there is none current on this footing: 
 The funds for sinking by tax the money created for the expedition 
 and other purposes, are mortgages (secured in the acts that make 
 the respective emissions) on the estates real and personal, in the pro- 
 vince; hence they are secured as firmly as the province itself; they 
 are a legal tender to all the inhabitants in the province, and else- 
 where, but not to others, except while in the province: The re- 
 mittances of this province to England, being chiefly from New- 
 York and Philadelphia, and the bills no legal tender there, they can 
 never operate to the prejudice of English debts ; let exchange be as it 
 may, because none there are obliged to take them ; this is a par- 
 ticularity only belonging to the state of trade, of New-Jersey, and 
 renders a paper currency there, free from the objections usually 
 made against it in England. 
 
 y. For a few months before governor Hunter's arrival, William 
 Pinhorne, as president of the council, exercised the office of com- 
 mander in chief. 
 
Of X E W - J E R S E Y . 
 
 361 
 
 It wa« in the latter end of the year 1708, that col. A. D. 
 Vetch first applied to the court of Great-Britain, for 
 sea and land forces, to reduce Canada ; he, with col. ^^^.^^"^^^^ 
 Nicholson, obtain'd a small force from England, and Nicholson, 
 instructions to the several governors on the continent 
 to give them what assistance they could : ^- They had 
 a promise of a fleet of ships of war to follow them in 
 due time ; they came over in the beginning of sum- 
 mer 
 
 z The instructions to the governor of New- York and New- 
 Jersey, were as follows : 
 
 ' Anne E. 
 
 ' Right trusty and well beloved, we greet you well : Whereas we 
 'are tilting out an expedition with great expence, for the security of 
 ' our subjects in your government, from the neighbourhood of the 
 'French at Canada, which has been very troublesome to them of late 
 'years: According to certain proposals laid before us by our trusty 
 'and well beloved colonel Vetch, and pursuant to the many appli- 
 ' cations that have been made to us by our subjects, who have suf- 
 'fered very much from the French in that neighbourhood; we do 
 'hereby strictly require and command you, to be assisting to this expe- 
 'dition, after the manner that the said colonel Vetch shall in our 
 'name propose to you, and that you look upon those parts of his 
 'instructions which relate to you, and our governments under 
 'your care, and which we have ordered him to communicate to you, 
 'in the same manner as if they were our positive commands directed 
 'to yourself, and that you pp,y the same obedience to them: 
 * Ami whereas there may be some particulars in our above mentioned 
 'in-<tructions, as that which concerns- the place of rendezvous, in 
 'which you who live in the country, may be the most proper 
 'judge; we do therefore leave this and the other the like circum- 
 ' stances, to be altered at discretion; provided, that colonel Vetch 
 'and colonel Nicholson, do agree with you in any such alteration; 
 'and provided you do punctually observe the number of men which 
 'you are to furnish, and the time when they are to appear and be 
 'pn a readiness to enter upon their expedition : And so we bid you 
 'fai-ewell. Given at our court at St. James's, the 28th of February, 
 'and in the seveuth year of our reign. 
 
 By her majesty's command, 
 
 SuNDERIiAND. 
 
 'To our trusty and well beloved John Lord Lovelace, our 
 'captain general and governor in chief of our province 
 'of New- York and New-Jersey, in America, or in his 
 'absence to the commander in chief of the said provinces 
 ' for the time being.' 
 
362 
 
 The history 
 
 ^. I>. mer 1709,«' and brought with them the following 
 1710. ... 
 
 instructions, directed to col. Vetch. 
 
 * Akne R. 
 
 ' Instructions for our trusty and well-beloved Col. 
 ' Vetch, to be observed in his negotiations with 
 ' the governors of several of our colonies in 
 ' America : Given at our court at St. James's, 
 ' the 28th day of February, 1708-9, and in the 
 ' seventh year of our reign. 
 
 ' Whereas you have laid before us the proposal of 
 
 * an enterprize on Canada and Newfoundland, which 
 ' may turn very much to the security and advantage of 
 ' our subjects in those parts of America, as well as 
 
 * to the prosperity of our kingdoms in general ; we 
 
 * having taken the same into consideration, do entirely 
 
 * approve of the said proposal ; and in order to execute 
 ' it effectually, have thought fit to give you these our 
 
 * following instructions. 
 
 ' You shall immediately repair on board the ship 
 
 * appointed by our high admiral for the transporting 
 
 * of you, with officers as shall be sent under your com- 
 
 * mand, to several of our colonies in North- America ; 
 
 * upon your arrival at New- York, you are to deliver 
 ' to our governor of that place a letter from us, and 
 ' communicate to him these our instructions, acquaint- 
 
 * ing him, that we shall expect from him a punctual 
 
 'and 
 
 a. The colonels Nicholson and Vetch both appearing at a coun- 
 cil held at Amboy, the 30th May, 1709, it was concluded, that 
 George Riscarricks should be forthwith sent to Weequehala, the 
 Indian sachem, to acquaint him, that the lieut. governor Ingoldsby 
 expected his attendance on that board forthwith ; and that captain 
 Aarent Schuyler should fortliwith send for Mahcoiuinst, Cohcowic- 
 kick, Ohtossolonoppe, Meskakow and Teetee, sachems of the 
 Minisinks and Shawiiona Indians; who appearing «oon afterwards, 
 joined in the undertaking; and Ingoldsby, governor of New-Jersey, 
 Ct. Saltonstall, governor of Connecticut, and C. Gookin, governor 
 of Pennsylvania, jointly coramissionated colonel Peter Schuyler, the 
 23d of May, 1709, to be over these and the other Indians on this 
 expedition ; and soon afterwardvS the said three governors joined in 
 a petition to Nicholson, that he would take upon him the chief 
 command of the expedition ; after which he bore the name of 
 general Nicholson. 
 
Op new- 
 
 jersey. 
 
 363 
 
 and ready compliance in all such as relate to him ; A. D. 
 you shall represent to him, that out of a great desire '^T^^- 
 to answer the frequent applications which have been 
 made to us, by our good subjects the inhabitants of 
 those parts, to deliver them from the neighbourhood 
 of the French of Canada, which of late years hath 
 been so troublesom to them ; we have fitted out an 
 expedition, the particulars of which you shall lay 
 before him, and withal let him know, that we strictly 
 require and enjoin him, to give such an assistance to 
 the said expedition, as is hereafter specified. 
 
 ' You shall signify to him our pleasure, that the 
 governor of New- York do furnish a quota of eight 
 hundred men, including the four standing companies; 
 and that the city regiments of York and Albany do 
 duty in the forts, during the absence of the said 
 standing companies. You shall at the same time 
 acquaint him,, that New-Jersey is to furnish two 
 hundred men ; Connecticut three hundred and fifty, 
 and Pennsylvania one hundred and fifty; so that the 
 whole force will consist of fifteen hundred effectives ; 
 which are to be disposed into four battalions ; each 
 battalion to have one of the four regular companies 
 mixed and incorporated in it, and to be commanded 
 by the captains as colonel whose company is so in- 
 corporated in it,, and under him by the respective 
 officers of the country troops ; the officers that go 
 with you, and are designed for New York, to be 
 distributed among the companies, as the governor iu 
 concert with the commander in chief, shall think best 
 for the service. 
 
 ' You shall likewise acquaint our aforesaid gover- 
 nor, in our name, that we do command and expect 
 from him, that the quotas of his government, be 
 ready at Albany, with all things necessary for the 
 expedition, by the middle of May next ensuing, at 
 the furthest ; and that he furnish all the troops with 
 what arms and ammunition they want, out of the 
 magazine at New York; and that he do forthwith 
 get together and keep in readiness, three months pro- 
 
 * vision 
 
864 
 
 The history 
 
 A. D. ' vision for his quota of those, to be transported and 
 1710. < \Q(\gQ^ {yx some convenient place at the wood creek, 
 ' or elsewhere ; for the security of which, he shall, in 
 ' conjunction with the governments of Connecticut 
 ' and Pennsylvania, cause to be built a large wooden 
 'store house; as also six or more large boats, that will 
 ' carry sixty men each, for the transportation of theii 
 ' heavier stores by water ; and also contract with the 
 
 * five nations, to make with all speed, as many canoes 
 ' as will be wanted for the said expedition. 
 
 ' You shall moreover enjoin the aforesaid governors 
 in our name, to command and engage the aforesaid 
 ' five nations, as also the river Indians, to join with 
 ' all their fighting men in the said expedition, and 
 ' promise them a good present if they do ; you shall 
 ' likewise acquaint them, that it is our pleasure that he 
 ' give all fitting encouragement to any gentlemen, or 
 
 * others, that shall offer themselves to go as volunteers 
 
 * in this our service. 
 
 ' You shall deliver a letter from us to the governor of 
 
 * Connecticut, and another to the governor of Pennsyl- 
 ' vania, for the time being, and signify to them our 
 
 * royal will and pleasure, that they have their quotas 
 ^ of men and provisions ready by the middle of May 
 ' at furthest ; acquainting them withal, that the gover- 
 
 * nor of New- York is ordered to assist them with what 
 
 * arms and ammunition they shall want. 
 
 ' After having finished your negotiations for the 
 Aforegoing expedition, with all possible secrecy and 
 ' dispatch, you shall deliver a letter from us to our 
 ' governor of New-England, and another to the gover- 
 ' nor of Rhode-Island, for the time being, strictly en- 
 
 * joining and commanding them in our name, to raise 
 
 * at least twelve hundred of their best men, according 
 
 * to their usual proportions ; and to give all fitting en- 
 
 * couragement to any such as shall offer themselves to 
 
 * go volunteers in the expedition, whether gentlemen 
 
 * or others ; as also to have in readiness a sufficient 
 
 * number of transports, with three months provisions, 
 
 ' and 
 
 * 
 
Of NEW-JERSEY. 
 
 365 
 
 and able pilots, whereof capt, Southwech^- is to be 
 one, and to go in his own galley ; and that all may 
 be ready to embark by the middle of May, upon 
 the arrival of the fleet from England ; and for their 
 greater encouragement, you shall acquaint them, that 
 we have ordered arms and ammunition to be sent 
 with you, for the number of troops they are to 
 furnish ; which arms and ammunition you shall 
 accordingly deliver to the several companies, in pre- 
 sence of the governor or commissary of the country, 
 taking a receipt for the same, which you shall trans- 
 mit to our board of ordnance in this kingdom. 
 
 ' You shall with the concurrence and advice ojf our 
 governor of New-England, contract with ship car- 
 penters, for the building of ten or more large flat 
 bottomed boats, that will carry sixty men each, for 
 the landing of troops ; and also contract with proper 
 persons for the furnishing of eight months provision 
 to the troops that shall be left at Quebec or Montreal, 
 if it shall please God to make our forces masters of 
 those places, and to give us the success that we hope 
 for from this our expedition. 
 
 ' And to the end, that nothing may be wanting on 
 our parts, towards engaging the several governments 
 to act with the utmost spirit and vigour in this expe- 
 dition, you shall assure them in our name, that such 
 of the governments as contribute towards the reduc- 
 tion of Canada, shall have a preference both with, 
 regard to the soil and trade of the country, when 
 reduced, to any other of our subjects ; and when they 
 shall have concerted among themselves any reasonable 
 })ropo.sals, for securing to their respective colonies the 
 beiieiit of the said soil and trade, we shall not be 
 wanting to give our royal sanction to the same. 
 
 ' You shall communicate these our instructions to. 
 colonel Francis Nicholson, who hath offered himself 
 to go as a voluntier in tliis expedition ; and further, 
 out of regard to his known abilities and zeal for our- 
 
 ' service 
 
 b. He was master of the province galley, belonging to thtt- 
 Massachusetts government. 
 
566 
 
 The history 
 
 A. D. ' service, we do require, that you should admit him 
 1710. ( yQ^j. private consultations with our several gover- 
 ' nors, on the methods for putting this your proposal 
 
 * into execution ; and if by reason of the distance of 
 *time and place, any other preparations may be neces- 
 ' sary for the carrying on tliis expedition, which we 
 'could not here foresee, and which is not contained 
 
 * in these your instructions, you shall, with the concur- 
 ' rence of the governor, who is to assist in any such 
 ' service, and of colonel Nicholson, make any such 
 
 * peparations, tho' it is not in your instructions ; pro- 
 ' vided, that it appear to you absolutely necessary for 
 
 * the carrying on of the expedition aforesaid, and that 
 
 * the governor and colonel Nicholson do entirely concur 
 
 * in judging it to be so. A. E,. 
 
 'Sunderland.^ 
 
 Being arrived, they did their best at raising forces 
 on the continent; but a diiference arising among the 
 ministry at home, the ships of war expected from 
 thence, came not : They waited without doing any 
 thing till the . winter, and then Nicholson went back 
 to England, to solicit further assistance, and forward 
 what had been proposed ; to do this with more proba- 
 bility of success, four Indian sachems of the Five 
 now Six Nations, were prevailed upon to take a voyage 
 to England, to assist what they could in persuading 
 this Expedition : c- With these went over col. Schuyler, 
 
 They 
 
 c. Indians in England were then a strange sight; these sachems 
 ■were also considered in proportion to the faitlifulness and importance 
 of the nations they belonged to, and accordingly much taken notice 
 of: The court was in mourning for the death of George prince 
 of Denmark, the sachems at the queen's expence had under-cloaths 
 of bliick, covered with a scarlet mantle, edged with gold; they 
 were carried lo court in coaches, and introduced in form to the 
 queen ; one of them made a speech, setting forth, tliat they 
 doubted not the queen was acquainted with their long and tedious 
 war Hgainst the Freuch, in conjunction with her children, (subjects) 
 that they had been a strong wall for ilie security of these, even to the 
 Joss of their best men, as Quider and Anadagarjaux (Schuyler and 
 
 Nicholson) 
 
Of NEW-JERSEY. 
 
 They sail'd early in the year ; had several conferences 
 with the lords of trade ; and with Nicholson and the 
 forces he brought, returned in the summer, and arrived 
 at Boston. 
 
 According to the instructions to the governments on 
 the continent, for getting their assistance in readiness, 
 a considerable armament was raised, and set out from 
 Boston September 18. The fleet consisted of the 
 Dragon, Falmouth, Leostaff, Feversham, men of 
 war, the Star bomb, and the Massachusetts province 
 galley, with transports, in all thirty -six sail ; the forces 
 on board were, one regiment of marines from England, 
 two regiments of Massachusetts Bay, one regiment of 
 Connecticut, and one of New-Hampshire and Ehode- 
 Island, commissioned by the queen, armed and victual- 
 ed in part by her gift, and part by the several colonies, 
 towards which New-Jersey was £. 3,000 ; they arrived 
 at Port-Royal, now called Annapolis-Royal, in six days 
 sail from Boston ; after some small canonading and 
 bombarding, the French governor Subercasse, capitu- 
 lated ; October 5, the fort was given up, and col. Vetch, 
 according to the instructions for that purpose, became 
 
 governor ; 
 
 Nicholson) could testify ; that they were glad an Expedition to 
 Canada had been undertaken, and had assisted in the preparations 
 ■on the lake, whilst Anidiasia (Vetch) at the same time was raising an 
 army at Boston ; that as some important affair had prevented the 
 expected fleet, and rendered tlie design for that season abortive ; they 
 were left much exposed; and if the Queen was not still mindful of 
 them, they with their families must forsake the country, and seek 
 other habitations, or stand neuter ; either of which would be much 
 agiiiast their inclinations ; they concluded with presenting some belts 
 of wampum. 
 
 After this they were magnificently entertained by several of the 
 nobility, and were once present at the review of the guards in Hyde- 
 Park, with the duke or Ormond at their head ; to him they made a 
 speech, and presented him with three skins, to enforce a request, that 
 he would forward their bti^iness with the queen. On their return, at 
 Southampton, Admiral Aylmer, who commanded a fleet there, 
 •Bent hU yatch to bring them on board,- they dined with him, and 
 then sailed for America. 
 
368 
 
 The history 
 
 A. D. governor ; the terras of the capitulation were, that 
 all the French, being four hundred and eighty one 
 persons, within three miles of the fort, should be 
 under the protection of Great-Britain, upon taking 
 the oaths of allegiance ; the other French settlers were 
 left at discretion ; that in case the French made incur- 
 sions upon the frontiers of New-England, the British 
 should make reprisals upon the French in Nova-Scotia, 
 by making some of the chief of their inhabitants slaves 
 to their Indians notwithstanding this, the French of 
 L'Accadia, soon after committed hostilities; tho' the 
 Port-Royal and Cape-Sable Indians desired terms of 
 amity and alliance might be settled with them ; which 
 was accordingly done. The men of war and transports 
 sailed again for Boston, October the 14th, leaving a 
 garrison in Port-Royal of two hundred marines and 
 two hundred and fifty of the new raised voluntiers from 
 the continent ; which were the next year relieved by 
 four hundred of the troops destin'd for Canada. 
 
 Nova-Scotia had continued with the French from 
 the year 1662 (except the momentary reduction and 
 possession of it by sir William Phips, in 1690.^^ ) until 
 now; this acquisition afterwards confirmed to Great- 
 Britain by the treaty of Utretcht, hath so remained 
 ever since. 
 
 The design respecting Canada, was for this year laid 
 aside ; the earl of I>artmouth, secretary of state, wrote 
 to governor Hunter upon the subject, and to encourage 
 an attempt upon Port-Royal, as follows : 
 ^^^j ' Sir, Whitehall, August 1710. 
 
 Dart- * The queen commands me to acquaint you, that 
 
 letter^ ^ ' formerly taken into consideration the send- 
 
 ^ ing over into New-England, such a number of land 
 
 ' forces 
 
 d. Vid. lieiit. governor Huitoliinson's hist, of the Massachusetts- 
 Bay, p-. Z¥i, &o,.. 
 
Of NEW-JERSEY. 
 
 forces, that joined with those under your command, 
 and such as the neighbouring colonies could have 
 furnished, might have been of strength sufficient to 
 beat the French out of Canada and North-America ; 
 so her majesty had caused this year all necessary pre- 
 parations to be made, for this expedition ; which her 
 majesty has been forced to lay aside for the present, by 
 reason of the contrary winds which happened, wlien 
 the season was proper for the fleet to sail, and in regard 
 of other important services which interven'd ; the 
 queen commanded me to add, that she hopes to receive 
 a good account of the expedition against Port-Royal ; 
 having sent away last spring Col. Francis Nicholson, 
 with such commissions, instructions and dispatches, 
 as were necessary for that purpose ; and that she is 
 very w^ell pleased with the accounts she has received of 
 the zeal with which her subjects under your govern- 
 ment embraced this undertaking, and the forwardness 
 they expressed to promote it ; her majesty therefore for 
 tliis season, out of her tender care Jbr their good and 
 prosperity, intends to pursue this design as soon as the 
 state of her affairs will permit it, being very sensible 
 of the great advantages which may be thence ex- 
 pected. And as her majesty will not be wanting of 
 her endeavours to promote whatever may conduce to 
 the welfare and security of the colony under your 
 government ; so her majesty doubts not, but that 
 proper measures will be effectually taken there for the 
 common safety and interest, which her majesty ear- 
 nestly recommends to your care. 
 
 ' This is what I have in command from the queen, 
 who would have you to communicate this letter in the 
 usual manner, to her loving subjects. 
 
 ' I am, sir, your most humble servant, 
 
 Dartmouth.' 
 2 A Brigadier 
 
S70 
 
 The hist ok Y 
 
 A. T). 
 1710. 
 
 Governor 
 Hunter 
 arrives. 
 
 Speech. 
 
 Brigadier Hunter arrived governor in the summer 
 this year,c. called a new assembly^^- to meet the 6th of 
 December ; thej chose John Kay, of Gloucester, spea- 
 ker, received the governor's speech ; we give it in his 
 own words. 
 
 ' Gentlemen, 
 
 * I am little used to make speeches, so you shall 
 ' not be troubled with a long one ; if honesty is the 
 *best policy, plainness must be the best oratory ; so to 
 
 * deal plainly with you, so long as these unchristian 
 ' divisions which her majesty has thought to deserve 
 
 * her repeated notice, reign amongst you, I shall have 
 
 * small hopes of a happy issue to your meeting. 
 
 ' This is an evil which every body complains of, but 
 
 * few take the right method to remedy it ; let every 
 ' man begin at home, and weed the rancour out of his 
 
 * own mind, and the work is done at once. 
 
 ' Leave disputes of property to the laws, and injuries 
 
 * to the avenger of them; and like good subjects, and 
 
 * good christians, join hearts and hands for the com- 
 
 * mon good. 
 
 ' I hope you all agree in the necessity of supporting 
 
 * the government, £tnd will not differ about the means ; 
 
 * that it may the better deserve your sup])ort, I shall 
 
 * endeavour to square it by the best rule that I know, 
 
 'that 
 
 c. The members or council in hia instructions were, Lewis 
 Morris, William Pinhorne, George Deacon, Richard Townley, 
 Daniel Coxe, Boger Moinpesson, Peter Sonmans, Hiigli Hiiddy, 
 William Hall, Thomas Gordon, Thomas Gardiner, Col. Robert 
 Quarry. 
 
 d. The Members were, 
 
 For the town of Burlington, Isaac Decow, Robert Wheeler. The 
 county of BurHngton, Thomas Laniberl, .Jo^luia HumplireyH. Glou- 
 ceater, John Kay, John Kaigiin. The town of Salem, Hugh 
 Middleton, John Ma^^on. The county of Salem, Bartholomew Wvat, 
 Isaac Sliarp. Cape May; Peter Freiwell, .Jacob S|.(icer. The town 
 0/ Pe('iA-/lm6o?/, John Johnston, John Reid. The county of Mid- 
 dlesex, Thomas Farmer, Adam Hade. E^sex, Joseph Marsli, John 
 Trent. Bergen, Andreas Vanbiiskirk, William Sanl'ord. Mon^ 
 mouth, Gershom Mott, William Lawrence. Somerset, Cornelius 
 Longfield, John Tunison. 
 
Op NEW-JERSEY. 
 
 371 
 
 * that is the power from whence 'tis derived ; which A. D. 
 ^ all the world must own to be justice and goodness 
 Mtself. 
 
 ' There are several matters recommended to you 
 ' by her majesty, to be passed into laws, which I shall 
 ' lay before you at proper seasons ; and shall heartily 
 
 * concur with you in enacting whatsoever may be re- 
 ^qiiisite for the publick peace and welfare, the curb- 
 
 * ing of vice, and encouraging of virtue. 
 
 ' If what I have said, or what I can do, may have 
 'the blessed effect I wish for, I shall bless the hour 
 'that brought me hither; If I am disappointed, I shall 
 
 * pray for that which is to call be back, for all power 
 except that of doing good is but a burthen. 
 
 The assembly's address. 
 ' May it please your excellency, 
 ■' We sincerely congratulate your accession to the Address, 
 ■'government of this province, and hope the long 
 ' wished for time is come, in which the unchristian 
 ' causes of our divisions will be taken away, which we 
 ■'persuade ourselves you will be as willing, as we con- 
 ■' ceive you are able to do, by divesting a few design- 
 ' ing men of that authority, which they use to the 
 
 * worst purposes. 
 
 ' We have experienced repeated instances of her 
 ^ majesty's care over us ; among which one was, the 
 ■' sending the good lord Lovelace, who put an end to 
 ■ ''an administration the then assembly of this pro- 
 ' vince, with great justice, stile the worst New- Jersey 
 ■' had ever known ; that good man lived long enough 
 ' to know how much the province had been op- 
 ■' pressed, tho' not to remove the causes : Another in- 
 ■' stance of her majesty's royal favour, we esteem, is 
 'the sending your excellency to govern us, and we 
 '. '' persuade ourselves your conduct will evince it so to be. 
 ' We hope great things from you, and none but 
 ^ what are just ; let not ill men be put or continued in 
 ' })ower to ()p[)ress ; let her majesty's subjects enjoy 
 'their liberties and properties, according to the laws, 
 and let not those laws be warpt to gratify the avarice or 
 
 resentment 
 
372 
 
 The history 
 
 A. D. 
 
 JJio. 
 
 Conf. 
 
 nsion 
 
 in ex.iciing 
 the oath. 
 
 resentment of any, and then we may safely leave 
 disputes of property to them.; this we are humbly of 
 opinion, is the greatest honesty, and we make no 
 question you esteem it to be the best policy. 
 
 ' We always thought it.e(|ually reasonable to support 
 a government, and t6 deny that sup[)ort to tyranny 
 and oppression ; we should be glad our abilities would 
 come up to what we esteem your merits ; what wo 
 are able to do, shall be sincerely done, and in as ao;ree- 
 able a manner as we are ca})able ; all your desires, 
 which we doubt not will be reasonable, shall be com- 
 mands to us, who will be always ready to join in any 
 thing that may conduce to the publick benefit, and 
 your own ; and hope you may never want will and 
 power to punish wickedness and vice, and encourage 
 true religion and virtue; which if you do, we shall 
 esteem you our deliverer, and posterity shall mention 
 your name with honour, 
 
 ' Divers members of tliis assembly, beinsj of tlie people called 
 quakers, concur to tlie substance of this address, with their usual 
 exception lo the stile. 
 
 This session continued better than two months ; the 
 governor and assembly agreed cordially, but a majority 
 of the council differed from both, notwithanding an 
 accession of divers new members. 
 
 Ever since the surrender, the province had been 
 involved in great confusion, on account of the people 
 called quakers being denied to serve on juries, under 
 pretence that an oath was absolutely necessary ; the in- 
 habitants in many parts, were chiefly such, and juries 
 could not be got without them ; the assembly seeing 
 the confusion that had and would unavoidably follow 
 such refusal, passed a bill for ascertaining the qualifica- 
 tion of jurors, and enabling the people called quakers 
 to serve on them, &c. and another respecting the 
 affirmation : The reports of the committee, will, a- 
 raong other things, shew the conduct of the council 
 on this occasion 
 
 'The 
 
Of NEW-JERSEY. « 
 
 373 
 
 ''The house, according to order, resolved it«elf into A. T>. 
 ^ a committee of the whole house, to consider farther of 
 
 * the papers laid before this hoase by his excellency ; Commit- 
 
 * and after some time spent therein, mr. s])eaker re- ^^^^ repor 
 ^ sumed the chair, and doctor Johnston reported from 
 
 ^ the said committee, that the 43d article of her raaje- 
 ^ sty's instructions being read, requiring an act to be 
 ' passed, for settling the properties and possessions of all 
 ' persons concerned in this province ; they do think it 
 
 * to be a matter of the greatest concern, for the quiet- 
 ' ing the minds of the people and making the province 
 'happy, and do think it will be to no purpose at pre- 
 'sent to spend time about such a bill, seeing the coun- 
 *cil has put them out of all hopes of having any such 
 ' act to pass. 
 
 'Doctor Johnson also reported from the said com- 
 ' mittee, that the 60th article of her majesty's instruc- 
 ' tions being read, requiring an act to be [)assed, for 
 'those people that make a religious scruple of swearing, 
 ' to the like effect of that passed in the 7th and 8th of 
 ' king William the third in England, so far as may be 
 'consistent with good order and government; that the 
 ' house have already sent up such an act to the council 
 ' for their concurrence, as near to the like effect as the 
 'circumstance of this colony will admit; which the 
 'council rejected without committing the same. 
 
 'And further, that the 94th article of her majesty's 
 'instructions being read, requiring an act to be passed 
 ' ascertaining qualifications of jurors ; that the same 
 ' was included in the bill, entitled, " An act for ascer- 
 " taining the qualifications of jurors, and enabling 
 " the people called quakers to serve on them, &c." 
 ' Avhich the council rejected without committing the 
 ' same, as is reported before to the 60th article. 
 
 ' And that he was desired to move, that they might 
 ' have leave to sit again. 
 
 By this report, it seems the assembly had no expec- 
 tation of obtaining these matters this session ; they 
 ■took into consideration the militia act, passed in 
 
 Gornbury's 
 
374 
 
 The history 
 
 A. D, Cornbiiry's time, by which the qiiakers in many 
 parts of the province had been greatly oppressed ; they 
 appointed doctor Johnston, Isaac Sharp, Jacob Spicer, 
 William Sandford, John Reid, and Robert Wheeler, u- 
 a committee, ' to prepare and bring in a bill, for ex- 
 
 * plaining an act of this province, past in the third 
 'year of her majesty queen Anne, entitled, " an act 
 " for settling the militia of this province, and for re- 
 " lieving persons aggrieved thereby." 
 
 A Bill was brought in, and divers officers who had 
 been more rigorous in distressing, than the law warrant- 
 ed, were sent for, to answer for. their conduct at the 
 bar of the house, and ordered to render account of 
 the goods distrained • this gone through, the bill passed, 
 in which provision was made for the relief of the 
 sufferers ; but the council rejected it, as they had done 
 the other bills. 
 
 Next came on the consideration of the charges made 
 against a former assembly, to the queen, whose vindi^- 
 cation they undertook. 
 
 * A copy of a paper entitled. The humble address of 
 Vindica- < the lieutenant governor and council of Nova- Cmsaria 
 tion of a < New- Jersey, in America, to the Queen': s most excellent 
 eeinbly. * majesty ; h- signed by Richard Tngoldsbyi William Pin- 
 *■ home, Roger Mompesson, Thomas Revell, Daniel Leeds, 
 
 * Daniel Coxe, Richard Townley, William Sandford, and 
 
 * Robert Quarry, in the year 1707 ; was read in, the 
 
 * house; and being taken into consideration,, the 
 ' question was put, whether the said humble address 
 ' (as it is called) of the lieutenant governor and council 
 
 * to the queen's most excellent majesty, be a false audi 
 ' scandalous representation of the representative body 
 
 * of this province, or not ? it was carried in the affir- 
 
 * mative. A motion being made, and the question 
 
 ' being: 
 
 g. The two last had left the qtiakers, with Q-i Keith, and Sandi- 
 ford had distinguished himself against thenii 
 
 h. See p. 345, «&c.. 
 
Of new - jersey. 
 
 375 
 
 ' being put, whether this house do address her majesty -^^ ^* 
 'for tlie justification of the proceedings of the repre- 1710. 
 ' seiitative body of this })rovince, in the present and 
 
 * former assemblies, or not? it was carried in the affir- 
 ' mative. 
 
 motion being made, and the question being 
 *put, whether any ])erson that has signed the above 
 ' mentioned false and scandalous representation of the 
 'representative body of this province, be a fit member 
 ' to sit in this house, unless he acknowledge his fault 
 'to this house, or not? it was carried in the negative. 
 
 ' Major Sandford, one of the members of this 
 'house, having acknowledged that he signed the 
 ' above mentioned address to her majesty, was asked 
 ' if he would acknowledge his fliult to this house for 
 'the same? his answer was, he signed it as he was 
 ' one of her majiisty's council, and was only account- 
 ' able to her majesty for the same ; wherefore the 
 ' question was put, whether major Sandford be expelled 
 'this house for the same, or not? it was carried in the 
 ' affirmative. 
 
 ' Ordered, that major Sandford be expelled this house, 
 ' for signing a false and scandalous paper, called the 
 'humble address of the lieutenant governor and 
 'council, to her majesty, in the year 1707; and he is 
 
 * expelled this house accordingly. 
 
 CHAP. XX. 
 
 Representation of the Assembly to governor Hunter ; and 
 
 his answer. 
 
 PURSUANT to the resolutions of the house, an 
 address was prepared, and sent to the queen, and a 
 representation to governor Hunter: This last is a 
 particular answer to the charges, and was as fol- 
 loweth : 
 
 'The 
 
376 
 
 The history 
 
 A. D. 
 1710. 
 
 Represen- 
 tation to 
 governor 
 Hunter. 
 
 ' The humble representation of the general assembly 
 
 ' of lier majesty's province of New-Jersey. 
 ' To his excellency Robert Hunter, Esq ; captain 
 
 ' general and governor in chief of the provinces of 
 
 ' New-Jersey and New- York in America, and vice 
 
 ' admiral of the same, &c. 
 
 ' May it please your excellency ; 
 
 ' When the lord Lovelace was pleased to let the 
 representative body of this province know, that her 
 majesty desired to be informed of the causes of the 
 differences between the gentlemen of the council and 
 them ; nothing could be more satisfactory ; because 
 they entirely depended, that a person of so much 
 justice and veracity, would put things in their true 
 light; and had he lived long enough to have complied 
 with her majesty's commands, we had not now been 
 under the necessity of laying the following representa- 
 tion before your excellency, 
 
 * We are very sorry we have so much reason to say, 
 it was lately our misfortune to be governed by the 
 lord Cornbury, who treated her majesty's subjects 
 here not as freemen who were to be governed by laws, 
 but as slaves, of whose persons and estates he had the 
 sole power of disposing. Oppression and injustice 
 reigned every where in this poor, and then miserable 
 colony; and it was criminal to complain or seem any 
 way sensible of these hardships we then suffered ; and 
 whatever attempts were made for our relief, not only 
 proved ineffectual, but was termed insolence, and 
 flying in the face of authority : the most violent 
 and imprudent stretches of arbitrary power, were 
 stamped with the great name of the queen's preroga- 
 tive royal ; and the instruments and strenous assertors 
 of that tyranny, were the only persons, who in his 
 esteem and their own, were for supporting her maje- 
 sty's government: Bribery, extortion and a contempt 
 of laws, both human and divine, were the fashion- 
 able vices of that time ; encouraged by his counte- 
 nance, but more by his example; and those who 
 could most daringly and with most dexteritv trample 
 
 ' upon 
 
O F N E W - J E R S E Y . 
 
 upon our liberties, had the greatest share both in the 
 government of this province and his favour; This 
 usage we bore with patience a great while, believing, 
 that the measures he took proceeded rather from 
 want of information or an erroneous judgment, 
 than the depravity of his nature ; but repeated in- 
 stances soon convinced us of our mistaken notions; 
 and that he was capable of the meanest things, and 
 had sacrificed his own reputation, the laws, and our 
 liberties, to his avarice : No means were left unes- 
 sayed, that gave hopes of gratifying that sordid pas- 
 sion : The country was filled with prosecutions by 
 informations of the attorney general, contrary to law. 
 Those of her majesty's subjects who are called Qua- 
 kers, were severely harrassed, under pretence of 
 refusing obedience to an act of assembly for settling 
 the militia of this province, when neither the letter 
 nor meaning of that act justified the severities used 
 on that account ; the measures that were then taken, 
 being chiefly such as the implacable malice of their 
 adversaries suggested : The rights of the general 
 proprietors, which upon the surrender of the govern- 
 ment, were promised to be preserved inviolable to 
 them, and which her majesty, by her instructions, 
 had taken all possible care to do, were by him invaded 
 in a very high degree; their papers and registers 
 being the evidences they had to prove their titles to 
 their lands and rents, violently and arbitrarily forced 
 from them, and they inhibited from selling or dis- 
 posing of those lands ; by which means their titles 
 were made precarious, the value of lands through the 
 whole province fell very much, and a great stop was 
 put to the settlement and improvement of it : To be 
 short, all ranks and conditions of men grossly 
 abused, and no corner of the country without com- 
 plaints of the hardships they suffered from the exercise 
 of a despotick and mistaken power: An administra- 
 tion so corrupt, so full of tyranny and oppression 
 in all its parts, induced the assemby to have a regard 
 to the cries of that unhappy country they represented, 
 
 * and 
 
The history 
 
 'and to endeavour (if possible) some redress and 
 ' accordingly, in a most humble manner, remonstrated 
 ' to his lordship their grievances ; who was of opinion, 
 
 * their remonstrance lay open to a very ready answer ; 
 ' but that he might give them no occasion to say he liad 
 ' done it with heat and passion, he took some few days 
 *to do it; but with what coolness and temper it was 
 'done, those who have seen it can judge; they both 
 
 * lie before your excellency (No. 1 and 2.) Soraetlms 
 'after the assembly were adjourned; and when we met 
 ' again, made a reply to that answer ; whicii reply 
 ' (No. 3.) lies before your excellency; but neither the 
 ' one nor the other procured the desired eifects ; on the 
 ' contrary, the number of our grievances were in- 
 ' creased, some of the most considerable of our inha- 
 
 * bitants deserted the province, and many of those that 
 ' remained thought themselves unsafe in it ; the only 
 ' hopes they had, was the arrival of the lord Lovelace, 
 ' which supported their sinking spirits, and gave them. 
 ' an expectation of better days. 
 
 ' Upon the first sitting of the assembly, after his 
 'arrival, he communicated to them a paper, called, 
 ' The address of the lieutenant governor and council of New- 
 ' Jersey. It was no surprise to us, to find any thing 
 ' indecent or virulent proceeding from such men ; but 
 ' it was with some concern, we beheld what endeavours 
 'they had used, to render her most gracious majesty 
 ' disaffected with her honest and loyal subjects here, 
 ' by accusations whicih were not only false, but what 
 ' they knew to be so, at the time of their writing of 
 ' them, and which we had made appear to be so, had 
 ' they not used evasions and shifts to avoid coming to 
 'the test, in the time of lord Lovelace, and while the 
 ' assembly was sitting ; then they seemed to be for re- 
 ' conciling matters, and burying every thing in 
 ' oblivion, in hopes their own deeds of darkness might 
 ' partake of the same covering ; and hoped the sweet- 
 
 * ness of that noble lord's temper, and inclinations to 
 'peace, might secure them from that examine which 
 ' was necessary to expose them in their true colours ; and 
 
 ' how 
 
Op NEW-JERSEY. 
 
 379 
 
 ■ how much on that occasion they fawned and flattered, A. D. 
 appears by an address of theirs to him, which ^''^0. 
 for the peculiarity of the language (and we might 
 say the unintelligibleness of the terms) ought never 
 to be forgotten : It begins thus, Youj- lords/up luis not 
 one virtue or rnore, but <i oomp/ete aoGornp/iahment of (ill 
 perfections, &G. and at the same time they were deify- 
 ing him (if such an address could do it) they were 
 caballing and articling against him, triumph'd in his 
 death, and have barbarously treated his memory ; and 
 notwithstanding the /(um of heaven (md notare, (as 
 they are pleased to express themselves) and all the 
 fine things they say of you, added to the justness of 
 your administration, they'll give you the same treat- 
 ment when they can ; the knowledge we have of 
 their practices, has made us trespass a little longer on 
 your excellency's patience than we at first designed : 
 But to return to the address ; be believe the gentlemen 
 of the council have transmitted something to one of 
 her majesty's secretaries of state, which they called 
 proofs, and with all the secrecy they could, hoping it 
 may obtain at that distance, especially when backed 
 by some whose interest it is, that all they have said 
 be credited : To prevent the ill consequences that may 
 attend the belief of what they have said, or indeed 
 can say, we shall endeavour to prove every article 
 of the said address false; and that the subscribers 
 knew several of them to be so at the time of their 
 signing ; what we say is publick, not carried on in 
 darkness, to prevent that reply, which the gentlemen 
 concerned to justify themselves, and upon the spot, 
 may make if they can. 
 
 ' We begin with the title of the address ; which is. 
 The humble aJdre^is of the /ieuleyiant governor and council 
 of Nova-Ccesoria or New-Jersey in America. 
 
 ' This carries a falsehood in the very front of it; for 
 it was no act of council ; but signed by some in the 
 western, and by others in the eastern division of New- 
 Jersey, by one or two in New- York, at different times, 
 being privately carried about by a messenger of my 
 
 lord 
 
S80 
 
 The history 
 
 lord Cornbury's ; and some were raised out of their 
 beds to sign it ; it never pass'd the council ; was never 
 minuted in the council books, and the lieutenant 
 governor has several times protested he signed it 
 without ever reading it : The gentlemen of the council 
 cannot deny the truth of this ; if they do, we can 
 prove it; but to justify themselves they say, it was 
 signed by the lieutenant governor and the gentlemen of 
 the counei/, though not in council: So that it's plain, 
 they designed to abuse the queen, by giving it the 
 stile of an act of council, which her majesty and 
 every body that reads it would take to be so, when 
 they knew in their consciences it was not so; but that 
 their malice or servile fears induced them to sign it, 
 and may not improperly be called, forging an act of 
 council ; it's apparent that Roger Mompesson, esq ; 
 signed it by himself ; that it was brought to him as 
 an act of council, and that as such he thought him- 
 self obliged to sign it, as by his reasons for signing it 
 appears ; which reasons could have had no weight, 
 had he not understood it to be so ; for he owns he 
 never examined into the particulars of it. 
 
 ' The first article is. We the lieutenant governor and 
 council of her nuijesti/'s province of Nova-Cdesaria or 
 New- Jersey, having seriously and deliberately taken into 
 consideration the 'proceedings of the present assembly or 
 representative body of this province, thought our selves 
 bound, both in duty and conscience, to testify to your 
 majesty our dislike and abhorrence of the same. This is 
 true, if signing any thing without reading or examin- 
 ing into the particulars of it, and by some between 
 sleeping and waking, be arguments of seriousness and 
 deliberation, otherwise not ; except by the words 
 seriously and deliberately, be meant, their resolutions 
 on all occasions to do what the lord Cornbury com- 
 manded them ; as indeed their signing this address, 
 and their conduct in every other thing, did but too 
 plainly evince, to be the only seriousness and delibe- 
 ration they were capable of : When col. Quarry sign'd 
 that address, we believe he was misled, and depended 
 
 too 
 
Of N E W - J E R 8 E Y . 
 
 381 
 
 'too much on tlie credit of others; we must do him A. D, 
 
 'the justice to own, that he has of late declined join- 
 
 ' ing with them in many of their hot and rash methods, 
 
 'and behaves himself at present like a man of temper, 
 
 ' who intends the service of the queen and good of 
 
 ' the country. Tliese addressors tell her majesty, that 
 
 ' they were in duty and Gonscience bound to testify their 
 
 ' dislike and abhorrence of the same to her : Had they 
 
 ' abhorred falsehood, and discharged their duty as in 
 
 ' conscience they were bound to do, in refusing to join 
 
 ' with the lord Cornbury, in all his arbitrary and unjust 
 
 ' measures, and particnilarly in that scandalous address, 
 
 ' (pardon the expressions) the country would not have 
 
 ' had that just cause to coraplaim, as now they have, 
 
 'and in probability always will, while they continue 
 
 ' in their present stations : There were no proceedings 
 
 ' in that assembly that any honest man had reason to 
 
 ' dislike ; and their endeavours for the good of the 
 
 ' country, deserve the highest praise, and ought never 
 
 ' to be forgotten by New- Jersey. 
 
 ' The second article is, That the unaccountable 
 ' humours and pernicious designs of some particular men, 
 ' have put them upon so many irregularities, with inten- 
 ' tion only to occasion divisions and distractions, to the 
 ' disturbance of the great and weighty affair's which her 
 ' majesty's honour and dignity, and the peace find welfare 
 ' of the country required: The so many irregularities 
 'are, we suppose, what the lord Cornbury mentioned 
 ' in his answer to their remonstrance ; which that house 
 ' replied to ; as may be seen in their reply (No. 3.) and 
 ' whether they were irregularities or no, the world can 
 'judge; but be they what they will, the addressors 
 ' are never able to prove, that the unaccountable hu- 
 ' mours of some particular men put them upon them ; 
 'they may indeed boldly say they did, and if that will 
 ' do, they may say again, tliat it was with intention to 
 ' occasion divisions, &c. but that neither proves, that any 
 ' particular men influenced that assembly, nor that the 
 ' intentions of doing so, were as they say ; that being 
 ' impossible for them to know ;. and if we may be 
 
 'allowed 
 
The history 
 
 ' allowed to know the intentions of that assembly, they 
 
 * were far otherwise than what the addressors represent 
 ^ thera to have been. 
 
 ' The 3d article was, That we had highly encroached 
 
 * upon her majedj/s prerogative royal. 
 
 ' The 4th, That we had notoriously violated the rights 
 
 * and liberties of the subject 
 
 ' The 5th, That we had manifestly interrupted justice. 
 
 ' These three articles are what the lord Cornbury, 
 ' in his answer to the remonstrance, charges that assem- 
 ' bly with, which are fully answered in tlie aforesaid 
 ' reply, and proved to be false charges ; and this the 
 ' addressors knew when tliey signed the address, if ever 
 ^ they read the reply or address (which is very much to 
 
 * be questioned) and we believe, if the truth were 
 
 * known, notwithstanding their pretensions to serious- 
 ' ness and deliberation, they had little more hand in it 
 ' than setting their hands to it, as we shall endeavour 
 ' to evince : It is undeniably true, that it was signed 
 ^ at different times, and in different places ; it then 
 ^ must be true, that it was brought ready drawn to the 
 ' signers, and its very probable that they did not read 
 'it, certainly not with any consideration: The lieu- 
 
 * tenant governor, as we observed before, has owned 
 'he did not, and the late chief justice, Roger Mom- 
 ' pesson, Esq ; a man as likely to read and consider as 
 ' any of them, owns under his hand, he never did ex- 
 ' amine the particulars of it; which is, in other words, 
 'owning he did not read it; and its not very likely the 
 ' rest should : These three articles are the v^ery words 
 ' used by the lord Cornbury in his answer : the whole 
 ' address seems to be an abridgment of that answer, 
 'several sentences the same, the stile the same, and 
 ' the same vein of intemperance and ill nature through 
 ' them both ; and in all likelihood done by his lord- 
 ' ship, who made the addressors father whatever his 
 ' lordshi]) was ashamed to own. 
 
 ' The 6th article is, That the remonstrance was a most 
 ' scandalous libel. 
 
 ' The 7th, That the lord Cornbury made a full avd 
 
 * ample answer to it. - ' The 
 
Of new-jersey. 
 
 383 
 
 ' The 8th, That the reply of the house of representa- 
 tlves of the prooince of New- Jersey, was a scandalous 
 ' and iy famous libel ; and they add on that head, this last 
 
 * libel Game out so suddenly, that they had not time, as yet, 
 ' to answer it in all its parthulars. 
 
 ' Certainly it is impossible, that ever men in their 
 
 * riglit wits, after reading such an address, should sign 
 ^ it ! Was it ever known, that any book or paper wrote 
 
 * by a house of commons, was called a libel, and a 
 ' most scandalous and infamous libel f If the gentlemen 
 ' had intended to shew their talents of railing and abu- 
 
 * sive language ; they could hardly have taken a more 
 
 * eifecitual way, than by that address, which if it prove 
 'nothing else, proves them to be very much masters 
 ' of those qualifications ; but we cannot be of opinion, 
 
 * that their calling the remonstrance or reply a libel, 
 
 * prov'es them to be so ; nor had they any reason to 
 expect it would be taken by her majesty, for any thing 
 
 * more than a demonstration of their vvant of temper ; 
 ' for if those two papers were libels, then the house of 
 ' representatives might have been punished for them, 
 ' or at least prosecuted ; and if so, any vote, resolve, 
 ' address or remonstrance that they made, or any other 
 ' house of representatives could make, would subject 
 ^ the said house of representatives (the authors of them) 
 ' to the same inc^onveniency, whenever the gentlemen 
 
 * of the council were pleased to call them so : This is 
 
 * so contrary to the known practice of England, to the 
 ' laws, to the rights and privileges of the house, that it is 
 ' a needless labour to prove, either that the gentlemen 
 ' never read what they signed, or knew what they signed 
 ' to be false at the time of their signing of it : But to say 
 
 * a little more, the remonstrance and reply are so far from 
 ' being false, that they are most true : Several of the 
 ' facts are owned by the lord Cornbury, and where he 
 
 * either evades or denies them, they are made out in the 
 ' reply; His bribery was proved by a cloud of evidences 
 ' in the house ; ami whatever else is charged upon him, 
 ' he knew to be true ; and it is neither in the power of 
 Miis full and ample answer, nor even of the address 
 
 ' itself, 
 
384 
 
 The history 
 
 A. D. ' itself, to persuade the contrary : The assembly say 
 x/iu. ( indeed in their remonstrance, Had the affairs of New- 
 
 * York admitted Ms lordship oftener to attend those of 
 ' New-Jersey, he had not then been unaequainted with 
 ' their grievances ; and that they were inclined to believe 
 ' they would not have grown to so great a number. This, 
 ' perliaps, may be one of the falsehoods the addressers 
 ' mean ; and truly it ought to be acknowledged, tliat 
 ' the then assembly had no reason to believe his lord- 
 ' ship's presence in this province would have any other 
 ' effect, than the increasing, instead of diminishing 
 ' their grievances ; but when the addressors say that 
 ' the reply came so suddenly out, that as yet, they had 
 ' not time to answer it in all its particulars : They seem 
 ' to imply, that they had answered it in some of them; 
 
 * wliicli lias not been done, no, not as yet, though it 
 ' has been out above three years : And, its coining out 
 ' so suddenly, &c. is a great mistake, to say no worse 
 'of it ; for it *had been out above six months before 
 
 * their address was signed : This is another proof that 
 ' they never read the address before they signed it ; or 
 ' if they did, that they knew what they signed to was 
 
 * false, at the time of their signing. 
 
 ' The 9th article is. That these disturbances are owing 
 'wholly to mr. Lewis Morris and Samuel Jenings, men 
 'of turbulent, factious, uneasy and, disloyal 'principles ; 
 ' men notoriously known to be uneasy under all government, 
 ' and men never known to be consistent with themselves. 
 
 'The 10th article is. That to these men are owing 
 ' all the factions and confusions in the governments of 
 ' New-Jersey and Pennsylvania. 
 
 ' These articles are not only the stile of the lord 
 ' Cornbury's answer to the remonstrance ; but for the 
 ' most part the very words. If mr. Morris, and mr. 
 ' Jenings, were such men as the addressors say they 
 ' are, viz. turbulent and factious, uneasy under all 
 ' governments, and the causers of the factions and 
 ' confusions of New- Jersey and Pennsylvania ; then 
 ' certainly to continue thus turbulent, &c. evinced they 
 ' were not inconsistent with tliemselves, but constantly 
 
 ' pursued 
 
Of NEW- jersey. 
 
 385 
 
 pursued the same measures : This was an expression 
 the lord Cornbury was very fond of, and very much 
 used, and the addressors here have been but the 
 parrots of his thoughts ; and all they have said of 
 these gentlemen (one of whom is in his grave, viz. Mr. 
 Jenings) is a notorious abuse; for whatever was 
 done by the assembly (if it's their proceedures they 
 call disturbances) was not done either by the influence 
 of Mr. Morris or Mr. Jenings, but from a just sense 
 of their duty, in discharge of the trust reposed in 
 them by the country, and to prevent the ill effects 
 of an arbitrary and unjust use of power, by the lord 
 Cornbury, so much encouraged by the slavish com- 
 pliances of the addressors, men never known to be 
 inconsistent with themselves, nor we fear never will. 
 
 ' We should not trouble your excellency longer on 
 this head, did we not know this is an article which the 
 addressors think they can justify, and which, they 
 suppose will prove a sufficient defence for all they 
 have said ; therefore, to put this matter in some 
 measure out of dispute, we say, in the first place, 
 that should they be able to prove what they say in 
 that article, yet it would not justify their other accu- 
 sations, nor the severe reflections they have unjustly 
 made on the representativ^e body of this province : 
 2dly, It plainly appears by the journals of the house, 
 that the assembly insisted on the same things, when 
 neither Mr. Morris nor Mr. Jenings were among 
 them ; and now endeavours to evince to your 
 excellency, that their proceedings were reasonable. 
 3(lly, The disturbances in Jersey or Pennsylvania, 
 ascribed to Mr. Morris or Mr. Jennings, were no 
 other than the opposition of an unlawful and unjust 
 authority, and that during the proprietors govern- 
 ment, before it was surrendered to the queen ; so not 
 a fit matter to have been at that time seriously and 
 deliberately meddled with by the addressors, and 
 could be done with no other intent but to mislead the 
 queen, into a belief that Pennsylvania and New- 
 Jersey, were then disturbed by these gentlemen ; 
 
 2 b '4thly, 
 
S86 
 
 The history 
 
 A.D. 
 
 1710. 
 
 4thly, We do not find, that ever Mr. Morris was 
 concerned at all, even during that time, in the western 
 division of New-Jersey or Pennsylvania. 
 
 'The 11th article is. That this is done with design 
 to throw off the queen^s prerogative royal, and eonse- 
 quently to involve all her majesty's dominions, in this 
 part of the world, and the honest and good well meaning 
 men in them, in confusion, Jioping thereby to obtain their 
 wicked, purposes. 
 
 ' It is evident from this article, that the accusations 
 of Mr. Morris and Mr. Jenings, were to mislead the 
 queen into such a belief as we have instanced ; 1st, 
 from their using the terms (is done) being in the 
 present tense : 2dly, they assign the reason why 'tis 
 done, viz. not only to encourage this government, 
 but all the governments in America, to throw off 
 her majesty's prerogative royal, and as a consequence 
 of that, to involve all her dominions in this part of 
 the world, &c. in confusion ; which is in plain 
 English, throwing off our allegiance, and revolting 
 from the crown of England ; the addressors in the first 
 place, suppose all the plantations on the continent of 
 America inclinable to a revolt, whenever they have 
 an' opportunity ; or at least if they don't believe it 
 themselves, would have the queen believe so, and be 
 apprehensive of some danger from it ; which if she 
 had, it's natural enough to suppose such severe me- 
 thods would have been taken, as would prevent 
 any such thing ; so that what the addressors have 
 said, is not only an accusation of all the plantations 
 in America, of want of loyalty and affection to her 
 majesty ; but an endeavour to alienate her affections 
 from them : We thank God it has not had the ill effects 
 they intended, and hope no representation founded on 
 the malice of any men, ever will ; but that the au- 
 thors of them may always meet with as little credit 
 as they deserve : Can it be thought, or could the 
 addressors themselves ever seriously and deliberately 
 think, that the province of New-Jersey, (one of the 
 most inconsiderable of all her majesty's colonies, and 
 
 'the 
 
Of NEW-JERSEY. 
 
 387 
 
 ^ the most incapable of making any defence, having A. D. 
 
 * no fortification that exceeds a stone house, and of ^^^0. 
 
 * them but very few ; a great part of whose people 
 
 * are quakers, who by their principles are against 
 'fighting) would be so unaccountably mad, as to 
 ' throw off their allegiance (especially to be the first 
 
 * in doing it) and expose themselves to unavoidable 
 ' ruin and destruction ? Whoever can seriously think 
 ^ this, and with deliberation assert it, ought very seri- 
 
 * ously, and without much deliberation, be confined to 
 ' the society of mad-men, as persons that can seriously 
 'and deliberately believe and say any thing; which 
 
 * is all we shall say to this ridiculous, as well as mali- 
 
 * cious charge, and pass to the 12th article; than 
 ' which notiiing more untrue, and knowingly so, 
 ' could be asserted, as we shall by what follows, make 
 
 * out ; the article runs thus : That the assembly are 
 resolved neither to support the queen's government with a 
 
 * revenue, nor defend it by settling a militia. 
 
 ' Now it is plain, that this house never did deny to 
 ■'raise a sufficient support for the government, and 
 'took proper care concerning the militia, as by the 
 'several acts for those ends does more largely appear ; 
 ' nay, when the expedition against Canada, was on 
 ■' foot we gave three thousand pounds for that end, 
 ' over and above the support of government ; and the 
 ' casting vote for the raising that money, and the 
 'settling the militia now, was given by Mr. Hugh 
 ' Middleton, one reputed a quaker ; so that it will 
 ' very easily appear, that accusation of the addressors, 
 ' Avas not only very untriie, but that they knew it to 
 'be so at the time of their signiug of it; nay more, 
 'we shall make it appear, that the gentlemen of the 
 ' coiuicil have used their utmost endeavours to defeat 
 ' the government of a necessary support, and to 
 ' frustrate, as much as in them lay, the expedition 
 'ai^ainst Canada; so that the accusation lies most 
 'justly against them, and not against us; for the acts 
 ' for the support of the government, and settling the 
 ' militia, made in the time of the good lord Lovelace, 
 
 ' was 
 
388 
 
 The history 
 
 A. D. 
 1710. 
 
 was pass'd by them with the greatest difficulty ; and 
 the act for raising three thousand pounds, towards 
 carrying on the expedition against Canada, was at 
 their direction, by. Eh'sha Lawrence and Gershom 
 Mott, two of their tools, who were members of tliis 
 house, (and were not quakers) voted out, and who on 
 the first and second reading, voted for it, concealing 
 their design of voting against it, till the time of their 
 voting; and not being quakers, were not suspected 
 of voting against it, otherways care had been taken 
 to put it out of their power ; and to make it appear, 
 that it was done with design, by direction of the 
 lieutenant governor and council, to cast a reflection 
 on the house, and to justify their allegations in their 
 address, even at the expence of defeating the expe- 
 dition; the lieutenant governor colonel Ingoldsby, 
 tho' assured by the speaker, and other members of the 
 house, that if the house was prorogued but for twenty 
 four hours, care should be taken the bill should pass; 
 who presently after did, notwithstanding, adjourn 
 the house, from the thirteenth of June to the twenty 
 eighth of July following ; a time so long, that if the 
 house and council had been never so willing, the 
 season would by that time have been so far advanced, 
 that it had been of no use then to have raised either 
 men or money towards that expedition ; as the lieu- 
 tenant governor and council very well knew; and 
 had not the honourable colonel Nicholson, and col. 
 Vetch, in an extraordinary manner, prest the calling 
 the house sooner than the time appointed, viz. on 
 the twenty third day of June, neither money nor 
 men had been raised on that account : Tliis we think 
 comes up to a demonstration, that these gentlemen, 
 rather than not gratify their resentments, and give 
 some colour of justifying what tliey had said, chose 
 to sacrifice the service of the queen, and the common 
 good, on so extraordinary an occasion, to their private 
 piques ; and indeed their proceedures ever since, have 
 confirmed the country in that opinion, and exposed 
 their conduct to a just censure, and shewed that they 
 
 ' have 
 
Of new- jersey. 
 
 ■*have been so far from endeavouring (as they say, 
 ' in the last article) by application to the governor, to 
 ^remove the grievances., if any were ; that if their best 
 'advice was at any time offered, it was rather how to 
 ' continue and render them more intollerable : We 
 ' are sorry we have so much reason to say this as we 
 ^have ; but a long and uninterrupted series of despo- 
 ' tick and arbitrary government exacts it from us ; and 
 
 * which we are sure they will, to their power, continue 
 ' as long as to the great misfortune of this colony, 
 ' they remain in any places of publick trust. 
 
 ' To enter into a detail of their several male-admi- 
 
 * strations, 'twould take up more time than we can at 
 ' present spare, and stretch the bounds of this repre- 
 ' sentation to too great a length : We have already laid 
 ' before your excellency some proofs against mr. Hall, 
 ' one of the council, of his extortion, and imprisoning 
 ' and selling the queen's subjects ; who, if they had 
 ' been guilty of the crimes alledged against them, ought 
 ' to have been prosecuted accordingly and not dis- 
 ' charged on any hopes of private gain ; and if not 
 ' guilty, ought not to have been laid in prison and in 
 ' irons, and by those hardships forced to become his 
 ' servants, rather than endure them : But a man that 
 ' could, after taking up adrift several cask of flour, 
 ' deny them to the owner, and fell 'em, is capable of 
 ' any thiiig that is ill ; and how fit for so honourable 
 ' a post as one of her majesty's council, or in(|eed any 
 ' other place of trust in this government, is most humbly 
 ' submitted to your excellency's consideration. 
 
 ' Were there nothing against Mr. Peter Sonmans, 
 ' but his being indicted for perjury from which by a 
 ' pack'd jury he was cleared, as appears by the memo- 
 ' rial (No. 4.) there being but too much reason to 
 'believe he was justly accused ; it would be no mean 
 'reason to lay him aside from her majesty's council; 
 ' it being some sort of reflection to continue a person 
 ' even supposed guilty of so heinous a crime, in so high 
 ' a post, which her majesty in a particular manner has 
 ^.endeavoured to secure the honour of, by directing in 
 
 'her 
 
390 
 
 The history 
 
 A. D. 'her instructions, that no person necessitous or much m 
 
 * debt shall be of it ; much less a person known to be a 
 
 * bankrupt, as Sonmans is, and who at this time, and 
 ' for some years past, has lived in open and avowed 
 
 * aduldery, in contempt of the laws, which his being in 
 'power not only protects him from being punish'd, 
 'but enables him to carry on his wicked designs, by 
 ' imposing on the honest and simple people, who suspect 
 ' no trick from a person of his rank ; as appears by 
 ' the depositions (No. 5.) relating to the Amboy peti- 
 
 * tion against dr. Johnston and mr. Reid ; and to stretch 
 'and warp the laws, to the manifest prejudice, ruin and 
 ' undoing of many of her majesty's subjects, whose 
 ' complaints from the sev^eral parts of the province, (so 
 ' unfortunate as to be under his direction,) we make 
 ' no doubt has long e'er this reach'd your excellency's 
 ' ears ; and which, we persuade ourselves, will, when 
 ' your excellency is satisfied with the truth of them, 
 ' have their proper effects. 
 
 ' The courts of law in which the gentlemen of the 
 'council were judges, instead of being a protection 
 ' and security to her majesty's subjects, of their liberties 
 ' and properties, in disputes that came before them, 
 'became the chief invaders and destroyers of them 
 ' both ; and what should have been the greatest benefit, 
 ' proved the greatest grievance ; as we we shall instance 
 ' in a few of the many things we could : And first, 
 ' notwithstanding her majesty, for the ease of her sub- 
 'jects here, has been pleased to appoint the supreme 
 ' court of this province to be held alternatively at 
 ' Amboy in the eastern, and Burlington in the western, 
 ' division of this province ; yet the causes of one divi- 
 ' sion are tried in the other, and juries and evidences 
 'carried for that end, at the great and needless charge 
 ' of those concerned,, as well as great expence and loss 
 ' of time to the people in general ; who can receive no 
 ' benefit by the courts being held alternatively, if the 
 ' ends for which they are so held, be not answered, and 
 ' causes tried in the same division to which they do 
 
 * belong ; besides it is a practice of very mischevious 
 
 ' Gonseq,uence,. 
 
Of ^n'EW - jersey. 
 
 391 
 
 consequence, making the people entirely depena on A. D. 
 and be subject to the judges of the said court, who 1710. 
 can by that method, lay any persons they do not like, 
 under the necessity of being at the beforementioned 
 charge, and make them that way sensible of their 
 resentments ; which, as we have instanced, they 
 have been too ready and willing on all occasions to 
 do : Secondly, the writ of habeas corpus, the un- 
 doubted right, as well as great privilege of the sub- 
 ject, was by William Pinhorne, Esq; second judge 
 of the supreme court, denied to Thomas Gordon, 
 Esq ; then speaker of the assembly ; and, notwith- 
 standing the station he was in, was kept fifteen hours 
 a prisoner, until he applied by the said Pinhorne's 
 son, an attorney at law, and tlien, and not before, 
 he was admitted to bail ; which fact as well as other 
 things, may appear by the said Gordon's case (No. 6) 
 now iaid before your excellency. The proceedings 
 against a person in that station, and at that time, 
 made it but too evidently appear, that the said Pin- 
 horne would not stick to join with the lord Cornbury 
 in the most daring and violent measures, to subvert 
 the liberties of this country; and cannot be look'd 
 on by this house, or any succeeding assembly, duly 
 considering the procedure and the address above- 
 mentioned, afterwards signed by him, but as a 
 person ready and willing on any occasion, to attempt 
 upon their liberties, and overthrow them if he can ; 
 and how safe we can think ourselves while he conti- 
 nues in power to hurt, is most humbly submitted. 
 
 ' Many jjersons prosecuted upon informations, have 
 been, at their excessive charge, forced to attend court 
 after court, and not brought to tryal, when there was 
 no eviden<;e to ground such informations on ; but they 
 ke[)t prisoners in hopes that some might be in time 
 procured ; and two of them, to wit, David John- 
 ston and his wife, after some weeks imprisonment, 
 not admitted to bail till they entered into a recogni- 
 zance, the condition of which was. That if the lord 
 Cornbury was dissatisfied with admitting them to bail, 
 
 ' upon, 
 
392 
 
 Thb HISTORY 
 
 ' upon notice thereof signified to them, they should return 
 ' to their imprisonment : His lordship was dissatisfied, 
 
 * and Leeds and Revell, who took the recognizance, 
 ' sent their orders to them to return according to the 
 ' condition of it. 
 
 ' Actions have been suffered to continue, after the 
 ' persons in whose names they were brought, have in 
 ' open court disavowed them, declaring they had never 
 ' given orders for any such actions to be brought. 
 
 ' Actions upon frivolous pretences have been post- 
 ' pon'd, and the tryals delayed to serve particular per- 
 *sons, when the juries and evidences were all ready, 
 ' and attending on the tryals. 
 
 ' Though it be the right of the subject, by proper 
 ' writs, to remove actions from any inferior to a supe- 
 ' rior court ; yet at the court of sessions held at Bur- 
 'lington, in December . 1709, colonel Daniel Coxe, 
 ' colonel Hugh Huddy, colonel Thomas Revell and 
 
 * Daniel Leeds, esquires, justices of the said county, 
 ' did reject a writ of certiorari, obtained by mr. 
 ' George Willocks, and allowed by Roger Mompes- 
 'son, chief justice, and committed said Willocks till 
 ' he entered into recognizance, to appear at the next 
 
 * court of oyer and terminer. 
 
 ' The case of Peter Blacksfield, who by a mistake 
 ' or design, was divested of his estate, and ruined ; is 
 'so well known to your excellency, that we need say 
 
 * nothing more about it. 
 
 ' The people called quakers, who are by her majesty 
 ' admitted to places of the most considerable trust with- 
 'in this province, are sometimes admitted to be evi- 
 
 * dences ; as one Mr. Beaks, a quaker, was in a 
 
 * capital case against one Thomas Bates, at a court of 
 'oyer and terminer, held by justice Mompesson, col. 
 ' Coxe, col. Huddy, and others ; on which evidence, 
 
 * he was condemned to be executed ; and sometimes 
 
 * they have been refused to be jurors or evidences, either 
 ' in civil or criminal cases ; so that their safety, or re- 
 ' ceiving the benefit of her majesty's favour, seems 
 
 * not to depend on the laws, or her directions, but the 
 
 ' humours 
 
Of Js'EW-JERSEY. 
 
 393 
 
 'humours and eapricios of the gentlemen who were A. D. 
 
 'judges of the courts : We, with all humanity, take 
 
 ' leave to inform your excellency, that the western 
 
 ' division was settled by those people, who combated 
 
 ' with all the inconveniencies attending a new settle- 
 
 ' ment ; and with great difficulty and charge, have 
 
 ' from a wilderness improved it to be what you now 
 
 ' see it is ; there are great numbers of them in it, and 
 
 'should they not be admitted as evidences or jurors, 
 
 ' they would be very unsafe ; for it is in the power of 
 
 'ill men, to come into their religious assemblies, and 
 
 'murder as many as they please, and with impunity, 
 
 ' tho' look'd on by hundreds of qnakers ; or break 
 
 ' open their houses and rob with safety ; and the 
 
 ' encouragement the gentlemen of the council have 
 
 ' given to the meanest of the people, to abuse them, 
 
 'confirms us in the opinion, that there wants not 
 
 ' those who have will enough to perpetrate the greatest 
 
 'mischiefs on that people, when they can escape the 
 
 ' punishment due to their crimes. 
 
 ' The procedure of the whole body of the council, 
 ' in relation to Mr. Barclay, is a demonstration of 
 'their arbitrariness and partiality, as by his case, (No. 
 ' 7.) now laid before your excellency, will more fully 
 'appear: When he produced a commission before 
 ' them, from the proprietors in England, which super- 
 ' ceded that lame one given to Mr. Son mans ; they 
 ' (as appears by an order of council) took the said 
 ' commission from him ; than which nothing could 
 ' be more arbitrary and unjust ; for that commission 
 ' was the property of Mr. Barclay, and he had the 
 ' right of executing the powers of it ; and if any 
 ' persons was aggrieved, or the commission not good, 
 ' the law was open to dispute it ; and a copy of it sent 
 ' to the quefen would have answered all the just ends 
 ' that sending the original could do : It was indeed a 
 'i?hort wav of determining in favour of Peter Son- 
 ' mans, and putting it out of the power of Mr. Bar- 
 ' clay, to right himself, during that administration: 
 ' The gentlemen may call this a strenuous asserting of 
 
394 
 
 The history 
 
 A. D. 
 
 1710. 
 
 the queen's prerogative royal ; but we can call it by no 
 other name than an open robbery, committed in their 
 judicial capacity, under a pretence of authority ; than 
 which nothing could be worse, or of more pernicious 
 consequence. 
 
 ' To conclude, all persons not friends to the gentle- 
 men of the council, or some of them, were sure in 
 any tryal at law to suffer ; every thing was done in 
 favour of these that were : Justice was banish'd, and 
 trick and partiality substituted in its place : No man 
 was secure in his liberty or estate ; but both subjected 
 to the caprices of an inconsiderate party of men in 
 power, who seemed to study nothing more than to 
 make them as precarious as possible. Your excellen- 
 cy's coming, has put a check to that violent torrent 
 of injustice and oppression, that bore down every 
 thing before it ; and we hope, that during your admi- 
 nistration, ill men will not have authority to hurt^ 
 nor their representations gain any credit with a person 
 so able to discern the motives of them ; which are 
 no other, than the gratification of their own resent- 
 ments, even at the price of the publick safety, as 
 we have in great measure already proved ; and their 
 proceedings now does plainly confirm what we have 
 offered ; for what can be the intent of rejecting our 
 bills without committing of them, but to irretate us to 
 that degree, that nothing might be done, either to- 
 wards the support of the government, or the settling 
 of a militia, that they might have wherewithal to 
 justify themselves in what they have said of us ? What 
 was the cause of their rejecting the bill for preventing 
 of corruption in courts of justice, but the consci- 
 ousness of their own crimes, and the fears they had 
 of that examine, which must necessarily have exposed 
 their conduct to a due censure? What was it that made 
 them throw out the bill against bankrupts (though 
 made by her majesty's express direction) and profes* 
 themselves against any bill whatsoever on that head,, 
 but the dread they had of feeling the just consequen- 
 ces of it themselves ? Nay, one of them, William 
 
 ' Pinhorne, 
 
Of new- jersey. 
 
 ' Pinhorne, esq ; by name, was pleased to say, it was 
 
 * with horror and amazement he beheld a bill with that 
 ' title ; we are not so fond of the bill as it was drawn, 
 
 * but that we would have readily joined with the council 
 ' in any reasonable amendments, had they offered 
 ' them ; but we think no honest man could be against 
 ^ a bill that makes the estates of persons becoming 
 
 * bankrupts, liable to pay their just debts ; and we 
 ' hope New-Jersey won't long be a sanctuary for such. 
 'The bill, entitled, An act for enabling per.sons ag- 
 ^ grieved by an act for settling the militia of this pro- 
 
 * vinre, was, to make the distresses unreasonably and 
 illegally made on pretence of the militia act, return- 
 ' able to the owners, and to punish the persons that did 
 ' it ; but this they will not pass, knowing that so just an 
 ' act would be attended with consequences they can by 
 ' no means bear; the instruments of that oppression being 
 ' to be protected by them at any rate, and nothing to 
 ' be heard against them, because they were officers of 
 ' the government, tho' their practices were never so 
 
 * unreasonable or unjust, and her majesty's subjects 
 
 * left remediless, and must patiently sit down, after 
 
 * having their houses and plantations plundered, and 
 ' their persons abused by a crew of needy and mer- 
 ' cenary men, under pretence of law ; but it was such 
 
 * persons that were useful to them, and such they must 
 ' for their own safety, protect : 'Tis for this reason 
 ' they combine together, to secure, as far as they are 
 
 * able, Jeremiah Bass, their clerk, the secretary of 
 'this province, and prothonotary of the supreme 
 ' court ; in all these offices his pen is to be directed by 
 ' them ; they dread an honest man in these offices : 
 ' How he has behaved himself, is in some measure 
 ' known to your excellency, especially in the case of 
 ' Dennis Linch, the Maidenhead people, and Peter 
 ' Blacksfield ; the two last are notorious malversations 
 ' in his office, and appear under his hand, and by the 
 ' minute books of the supreme court ; and it is no 
 ' excuse in him, when men are turned out of " their 
 
 * estates and ruiu'd, to say, it was a mistake ; if such 
 
 'an 
 
396 
 
 The history 
 
 A . D. 
 1710. 
 
 an excuse would do, it is very easily made on any 
 occasion ; and in this province, can be safe, when such 
 a person continues in offices of so great trust. 
 All the original copies of the laws passed in the time 
 of the just lord Lovelace, are somehow or other 
 made away with ; Bass offers to purge himself by his 
 oath, that he has them not, nor knows any thing of 
 them ; and it may be so for aught we know ; but in 
 this province where he is known, it is also known, 
 that few men ever believed his common conversation, 
 and several juries have refused to credit his oaths ; he 
 corroborates what he says with the evidence of Peter 
 Sonmans, one of the council, a person once, indicted 
 for perjury ; and how he was cleared, the aforesaid 
 memorial makes out; so that we do not think him 
 a person of sufficient credit to determine that point. 
 It is co'tain, that the secretary's office is the place 
 those laws ought to be in, and he ought not on any 
 pretence to have parted with them out of the pro- 
 vince : It is certain, the lieutenant governor ought, 
 within three months after the passing of them, to 
 have sent copies of them to the lords commissioners 
 for trade and plantations, and duplicates of them by 
 the next conveyance after ; and this under pain .of her 
 majesty's highest displeasure, and the forfeiture of 
 that year's salary, on which he should ow m\y pretence 
 whatsoever omit the doing of it; how comes it then 
 about, that neither the secretary Bass, nor mr. Cock- 
 rill, private secretary to the lord Lovelace, and who 
 lived six months after his master's death, was never 
 examined about them ? Mr. Cockrill could have 
 cleared up that matter while alive, if the lieutenant 
 governor could be thought so grossly to neglect what 
 he knew to be his duty ; why did not nir. Bass apply 
 to him in all that time for those laws ? If he had 
 parted with them, as he pretends, so much against his 
 will, it was very natural to suppose he would have 
 used the utmost application to get them again ; yet no 
 one enquiry is said to be made after them, either by 
 Bass or the lieutenant governor, of the lady Love- 
 
 ' lace, 
 
« 
 
 Of new- jersey. 
 
 3&7 
 
 ' lace, who staid in New- York long after the death of 
 ' her lord, or of his secretary ; nor no noise at all made 
 ' about them till this time, so long after the arrival of 
 'your excellency; can any body think it was the inte- 
 ' rest of either the lord or lady Lovelace, or his secre- 
 ' tary, or any of his lordship's friends, to destroy a 
 ' law which gave the lord Lovelace eight hundred 
 })ounds, and without which he could not have it ? but 
 
 * it does appear to be the interest of the lieutenant go- 
 ' vernor and his friends to destroy it; for they had got 
 
 * an act passed, which took from the lord Lovelace 
 ' three hundred and thirty pounds of that money, and 
 
 gave it to the lieutenant governor ; and two hundred 
 ' and seventy pounds more of it was given to him for 
 ' the support of the government. Had he sent the 
 'act made in favour of the lord Lovelace, to the 
 ' queen for her approbation or disallowance, and her 
 ' majesty had approved of it, as in all probability she 
 'would have done, then the act made in colonel In- 
 ' goldsby's favour had been void ; but had the other 
 ' gone home first, there was an expectation it might pass, 
 ' the queen knowing no more about the first act, than. 
 ' that a vote had passed in favour of the lord Lovelace.. 
 
 ' And to make it plainly appear, that colonel Ingolds- 
 ' by, and the gentlemen of the council, were appre- 
 ' hensive of the danger of sending those acts to Eng- 
 ' land ; to the act we have now past, for making the 
 ' printed copies as effectual as if the originals were in 
 ' the secretary office, that your excellency may be 
 'enabled to transmit them to her majesty; they have 
 ' added a providing clause, that the act made in col. 
 ' Ingoldsby's time, (which takes that money from the 
 ' lord Lovelace) shall not by this act we have past, be 
 ' made void in the whole or any })art thereof; but con- 
 'tinue in full force and virtue, as if this act had never 
 'been made: This amendment they insist on, 'tho they 
 ' knew, and do know, we will never agree to a clause' 
 ' so foreign to the title and intent of the bill ; but thia 
 ' is done by them., with design that the bill shall not 
 ' pass ; by which means her majesty wrill be without 
 * ' authentic. 
 
598 
 
 The HISTOEY 
 
 A. D. 
 
 1710. 
 
 autheiitick copies of the acts, during that good lord's 
 administration ; and they hope will confirm the acts ])ast 
 in colonel Ingoldsby's time : What we have said on 
 this head, shews very plainly who are the persons 
 that ought, with most reason to be charged, with the 
 malting away those original laws. 
 
 * We are concerned, we have so much reason to ex- 
 pose a number of persons, combined to do New- 
 Jersey all the hurt that lies in their power : Her ma- 
 jesty has been graciously pleased to remove colonel 
 Richard Ingoldsby from being lieutenant governor, 
 and we cannot sufficiently express our gratitude for 
 so singular a favour; and especially for appointing 
 your excellency to be our governor: We have all the 
 reason in the world to be well assured, you will not 
 forget that you are her subject; but will take care that 
 justice be duly administered to the rest of her subjects 
 here; which can never be done while William Pin- 
 horne, Roger Mompesson, Daniel Coxe, Richard 
 Townley, Peter Sonmans, Hugh Huddy, and Wil- 
 liam Hall, or Jeremiah Bass, Esqrs, continue in 
 places of trust, within this province; nor can we 
 think our liberties or properties safe while they do ; but 
 if they are continued, must with our families desert 
 the province, and seek some safer place of abode: 
 We shall wait till your excellency can transmit accounts 
 of the state of this colony, to her majesty ; and assure 
 you, that we will on all occasions very readily, to 
 our power, comply with her majesty's directions, and 
 be wanting in nothing that may conduce to make 
 your administration happy, both to yourself and 
 
 us. 
 
 Signed by order of the house of representatives. 
 
 I Will. Bradford, Clk. 
 
 Die Veneris, A. M 
 9 Feb.— -1710. 
 
 This representation was received kindly by the 
 governor; he answered, 'that" her majesty had given 
 ' him directions to endeavour to reconcile the dilfe- 
 "*rences, that were in this province; but if he could 
 
 ' not 
 
Of new-jersey. 
 
 *iiot, that he should make a just representation to her; A. 
 
 * and that he did not doubt, but that upon the repre- 
 
 * sentation he should make, her majesty would take 
 
 * such measures, as should give a general satisfaction. 
 
 The governor accordingly backing the remonstrance 
 to the queen, got all the councellors removed, that 
 were pointed out by the assembly, as the cause of their 
 grievances, and their places supplied by others : The 
 business of this session being finished, the governor 
 prorogued the house. 
 
 CHAP. XXI. 
 
 A session of general assembly : A secoyid expedition to 
 Canada: Meeting of a new assembly : They quarrel: 
 ■Some members designedly absent themselves : Expelled 
 ihe house : Severed of them again returned, and re- 
 fused seats : A fruitful session at Crosswirks : Last 
 session in Hunter's time: An act passed for running the 
 division line between East and West- Jersey : William 
 Burnet arrives governor : An uncommon ivet harvest: 
 Governor Burnet meets a new assembly. 
 
 GOVERNOR Hunter, convened the assembly in 
 the summer, 1711, and opened business, with 
 telling them. That her majesty's instructions which he 
 was commanded to communicate, would discover the Gover 
 
 nor s 
 
 reason of his calling them together, at this time ; and speech, 
 that he doubted not the matters therein contained, 
 would be agreeable to them, and the success profitable. 
 
 That the fleet and forces destined for the reduction 
 of Canada, were arrived in good health and condition, 
 and would proceed in a little time ; that what was 
 required on their parts, was the levying in each divi-. 
 sion 180 effective private men, besides officers, and to 
 provide for their encouragement, pay, and provisions, 
 
 ' as 
 
400 
 
 The history 
 
 A. D. 
 1711. 
 
 Second 
 paper 
 bills of 
 credit. 
 
 Second 
 expediti- 
 on to Ca- 
 nada. 
 
 Fleet ar- 
 rives. 
 
 Congress. 
 
 as well as transportation over the lakes, and other in- 
 cidental charges attending the service. 
 
 The assembly resolved to encourage this expedition, 
 by raising to the value of 12 500 ounces of plate, in 
 bills of credit,^- to be sunk, together with the former 
 £.3000, by a subsequent tax; and provided bills for 
 raising volunteers to go on the expedition, and for 
 emitting the money. 
 
 The governor passed the bills, and dismissed them 
 with thanks, for the chearful dispatch they had given. 
 
 This was a second expedition against Canada, and 
 made a formidable appearance : Nicholson's designs 
 having hitherto, by various disappointments, failed ; 
 he now, under the scheme of reducing all Canada,, 
 and thereby engrossing the cod fishery, so prevailed 
 on the new ministry, that the regiments of Kirk, Hill^ 
 Windress, Clayton, and Kaine, from Flanders ; Sey- 
 mour's, Disney's and a battalion of marines from 
 England, under the command of brigadier Hill, were 
 sent to him, on this occasion • they came in 40 trans- 
 ports, under convoy of 12 ships of the line of battle,, 
 commanded by admiral Walker ; several frigates, twO' 
 bomb vessels ; and brought a large train of artillery, 
 under col. King, with forty horses,, and six store ships j 
 they arrived at Boston early in the summer. 
 
 By orders from home, a congress was held at New- 
 London, of all the plantation governors, north of Penn- 
 sylvania, with Nicholson, to adjust the measures to be 
 fallen upon : Two regiments from the Massachusetts, 
 Rhode-Island, and New-Hampshire, joined the British 
 forces ; while the militia from Connecticut, New- 
 York, and New-Jersey, with the Indians of the five 
 nations, under Nicholson, marched by land from 
 Albany, to attack Montreal : The fleet being retarded 
 
 at 
 
 k. Equal to £. 5000 cuirreiacy, at that time. 
 
Of NEW-JERSEY. 
 
 401 
 
 at Boston for want of provisions, occasioned admiral ^711* 
 Walker, in a letter to governor Dudley of Boston, to 
 write, ' I concur with the opinion of all the sea and 
 ' land officers here, that the government of this colony 
 ' have prejudiced the present expedition, instead of 
 ' assisting it.' The fleet consisting of 68 vessels, and 
 6463 troops ; anchored in the bay of Gaspee, on the 
 south side of the entrance of the river St. Lawrence, 
 to take in wood and water, on the 18th of the month 
 called August, and the 23d in the night, contrary to 
 the advice of the pilots, weighed anchor in a fog, fell Several 
 in with the north shore, and lost 8 transports and 884 ^gj^^^*^^'^ 
 men upon the island of Eggs : A council of war was 
 called, who resolved, that by reason of the ignorance 
 of the pilots, it was impracticable to proceed, and ' 
 that advice should be sent to recall general Nicholson 
 from proceeding to Montreal ; which done, and the fleet Fleet re- 
 returning, anchored in Spanish River, off Cape Bre- 
 ton, September 4; and there, in a council of war it 
 was resolved, not to attempt any thing against Placen- 
 tia, but to return to Great-Britain : They sailed for 
 England September 16, and arrived at St. Helens the 
 16 th of October : The Edgar, with the admiral's papers, blovm up. 
 was blown up : This prevented other particulars of the 
 expedition transpiring; thus concluded, at a great 
 expence of men and treasure, an affair above three 
 years in agitation. 
 
 In 1712 died Thomas Gardiner, of Burlington, 1712. 
 several times mentioned before ; he was well acquainted the^second 
 with publick business, a good surveyor, and useful J- Gar- 
 member of society; several years one of the council, 
 treasurer of the western division, and the first speaker 
 of assembly after the union of the governments, East 
 and West Jersey. 
 
 The 7th of December, 1713, the governor called 
 
 the assembly, and next day informed them, that he Assembly 
 
 o " meets. 
 
 2 c was 
 
402 
 
 The history 
 
 A. D. was 2:lad to see them after so long absence, and believed 
 1713. . . 
 
 they were not sorry to meet him in so good company ; i- 
 
 that the tender regard her majesty had to their quiet, 
 in particular at a time when she had blessed the world 
 with a general peace, called for their pious endeavours 
 and could not fail of meeting the returns due from the 
 most grateful people, to the best and most indulgent 
 princes ; that he was persuaded the efforts of such as 
 had been removed from places of trust by the queen, 
 at their request, would be too impotent to destroy the 
 peace, by breaking that mutual confidence, or disturb- 
 ing that harmony, that then subsisted between the 
 several branches of the legislature; that full of this 
 confidence, he recommended to their immediate care, 
 the providing for past arrears, and future support of 
 her majesty's government, the discountenancing vice 
 and immorality, the improvement of trade and encou- 
 ragement for planting and peopling the province ; 
 that this could not be better effected than by a law to 
 affirm and ascertain the respective properties of the 
 proprietors and people, if they thought it practicable. 
 
 That the gentlemen of the present council, having 
 no views or interests differing from theirs, if they 
 would agree to frequent and amicable conferences with 
 them, or a number of them, upon all matters under 
 deliberation, it would save much time and effectually 
 disappoint all contrivances of their enemies ; ' who in 
 ' return for their being at present no councellors, had 
 ^ridiculously endeavoured to persuade some that they 
 ' were no assembly.' 
 
 . , , The assembly replied, That they were indeed glad 
 
 Assemblys , . 
 
 address. to meet him in such good company, and as the persons 
 
 who 
 
 I. Meaning the change of councellors, William Pinhorne, Daniel 
 Coxe, Pteter Sonmans and William Hall, had been suspended, and 
 a mandamus since arrived, appointing John Anderson, Elisha Par- 
 ker, Thomas Byerly, John Hamilton and John Beading 
 
Of new-jersey. 
 
 403 
 
 who had hitherto obstructed the welfare of their coun- A. T>, 
 
 1713 
 
 try, were removed, they presQm'd on the favour oftener 
 than heretofore ; they acknowledged themselves under 
 the greatest obligations to the best of queens, and 
 hoped their actions would demonstrate they were not 
 ungrateful. 
 
 Among other bills passed this session, was that enti- 
 tiled, ' An act that the solemn affirmation and declara- 
 ' tion of the people called quakers, shall be accepted 
 ' instead of an oath in the usual form, and for quali- 
 
 * fying and enabling the said people to serve as jurors, 
 ' and to execute any office or place of trust or profit 
 
 * within this province/ 
 
 This bill was introduced by the governor's commu- 
 nicating to the house the queen's instructions on that 
 head, after it was fully adjusted by the council and 
 assembly ; the second enacting clause was thought to 
 be designedly left out by the secretary, who had it to 
 engross, it so passed the council without being per- 
 ceiv'd ; but on reading it again in the assembly it was 
 discovered, and the secretary making his acknowledge- 
 ment at the bar of the house, it passed over : This act 
 continued till the year 1732, and then was supplied by 
 that now in force. 
 
 Other laws also passed ; this session concluded to 
 mutual satisfaction. 
 
 ' I thank you,' says the governor in his concluding 
 speech to the house, ' for what has been done this sessions 
 ' for the support of this her majesty's government, and 
 ' do not doubt, but that you will receive ample thanks 
 ' from those who sent you, for the many good laws 
 ' that have been passed ; some things that in their nature 
 ' were acts of favour, I have agreed that they should 
 ' be made acts of assembly, that your share may be 
 ' greater in the grateful acknowledgment of your 
 
 * country, I 
 
The history 
 
 ' I hope my conduct has convinced the world, (I 
 ' cannot suppose you want any further conviction) that 
 ' I have no other view than the peace and prosperity of 
 
 * this province ; if such a few as are enemies to both, 
 ' are not to be reduced by reason, I shall take the next 
 
 * best and most effectual measure to do it. 
 
 No historical occurrences intervening, we pass on to 
 the year 1716. 
 
 Governor Hunter met a new assembly at Perth- 
 Amboy, in the spring, who chose col. Daniel Coxe, 
 speaker j™-- being presented and accepted, the governor 
 by speech informed them, 
 
 That the dissolution of one assembly by the demise 
 of the late queen, of another by the arrival of a new 
 patent from the present king, constituting him governor 
 of the province, and of a third by reason of a circum- 
 stance well known, together with the long sessions at 
 York, and his necessary attendance on the service of 
 the frontiers, had been the occasion of putting off their 
 meeting till now ; that on his part he brought with 
 him a firm purpose for the advantage of the subject 
 and service of the crown ; which, (says he) I have 
 ^ ever pursued, and now bid a fair defiance to the most 
 ' malicious to assign one single instance in which I have 
 ' acted counter to what I now profess, notwithstanding 
 ' the false and groundless accusations and insinuations 
 
 * to the contrary, from two persons on the other side, 
 
 ' who 
 
 m. The members, Town of Burlington, Daniel Smith, Samuel 
 Smith. County of Burlington, Jacob Doujjhty. Jacob Hewlings. 
 Gloucester, Colonel Daniel Coxe, Richard Bull. Town of Salemy 
 William Hai], Henry Joyce. County of Salem, William Clews, 
 Dickinson Shephard. Cape May, Jacob Spicer, Jeremiah Bass. 
 Perth-Amhoy, William Eirs, John Harrison. Middlesex, John 
 Klnsey, Charles Morgan. Essex, Josinh Ogden, Joseph Bonnell. 
 Bergen, David Akerman, Henry Brockholst. Monmouth, Elisha 
 Lawrence, William Lawrence. Somerset, Benjamin Clark, Tho- 
 mas Hall. 
 
Of NEW-JERSEY. 
 
 405 
 
 * who pretended to have been instructed from this ; A. D. 
 
 * which though they met with that contempt at home 
 'they deserved, I could not without injustice to myself 
 ' let pass unmentioned here.' 
 
 The assembly being now conven'd at Amboy, when 
 it ought in turn to have been at Burlington, were deter- 
 mined to remonstrate against the infringement of the 
 usual custom of alternately meeting at each of those 
 places, and accordingly represented to the governor, that 
 in the year 1709, an act was passed, entitled, ' An act 
 
 * for ascertaining the place of the sitting of the repre- 
 
 * sentatives, to meet in general assembly that in 
 March, 1710, the aforesaid act was confirmed, finally 
 enacted and ratified by her late majesty, with the 
 advice of her privy council, and transmitted to him 
 (the governor) by the lords commissioners for trade 
 and plantations, the 16th of said month* 
 
 That as they found themselves entirely inclinable to 
 pay all due regard and obedience to his majesty's and 
 the governor's commands, so they could not but think 
 it their duty to maintain the known establish'd laws of 
 the province. 
 
 And as that law had the royal sanction, and had 
 gone through all the usual forms both here and in 
 Great-Britain, necessary to the confirming and perpe- 
 tuating of it, they were of opinion it was still in force. 
 
 The governor replied, That his majesty's instruc- 
 tions, which were laws to him, having restored that 
 affair to the just and equal footing upon which it was 
 put by, and at the time of the surrender of the govern- 
 ment by the proprietors, he could not give his consent 
 to any alteration, or give way to anything that might 
 €lude the intent and purpose of that instruction without 
 giving juster grounds of complaint against him, than 
 lie had hitherto given.; and that he had reasons of 
 
 great 
 
406 
 
 The history 
 
 A. D. great weight, made it impracticable for him to hold 
 either council or assembly at Burlington, at this time. 
 
 The dispute being principally founded on the new 
 commission to the governor, upon the accession of K. 
 George the first to the throne; the assembly thought 
 proper to let it drop, and pursue what was before them 
 at the place where they were then convened ; matters 
 however went heavily on ; the speaker disliked the 
 governor, and influenced many of the members : The 
 governor saw there was no prospect of their answering 
 the design of their meeting at that time, so prorogued 
 them. 
 
 He summoned them to meet again at Amboy on the 
 Members 14th of May, when only nine members appearing they 
 tendiDg. waited five days, and then presented an address, re- 
 questing the governor would take such methods as he 
 should see meet, to. cause the absent members to attend 
 the service ; he sent warrants to several of them, com- 
 manding their attendance, as they would answer the 
 contrary at their peril ; four presently appeared, and 
 there being now thirteen met, the governor sent for 
 them, and recommended their meeting at the house 
 and choosing a speaker, (for their speaker was absent 
 among the rest) in order to enable themselves to send 
 their serjeant at arms for those that were still absent. 
 
 The thirteen met the 21st, but the speaker still 
 absent; they proceeded to a new choice, and placed 
 John Kinsey in the chair. 
 
 This done, and the new speaker presented, the gover- 
 nor delivered his speech : 
 ' Gentlemen, 
 
 ' The last time you were here upon the like occasion, 
 
 * I told you, that I thought fit to approve of whatever 
 
 * choice you thought fit to make of a speaker : I now 
 
 * tell you that I heartily approve of the worthy choice 
 ' you have made. 
 
 'As 
 
Op NEW-JERSEY. 
 
 ' As the conduct of that gentleman who last filled 
 ' the chair, sufficiently convinced you of a combination 
 ' between him and his associates, to defeat all the 
 ' purposes of your present meeting : I hope, and can- 
 ' not doubt but it will open the eyes of all such as by 
 ' his and their evil acts, and sinistrous practices, have 
 ' been misled and imposed upon ; so that for the 
 ' future, here they will not find it so easy a matter to 
 ' disturb the peace of the country. 
 
 ' I must refer you to what I said at the opening of 
 ' the assembly ; but harvest drawing near, I am afraid 
 'you'll hardly have time for more business than what 
 ' is absolutely and immediately requisite ; that is the 
 ' support of the government, and the publick credit, 
 ' you know that the date of the currency of your bills 
 ' of credit is near expiring, so there will be wanting a 
 ' new law to remedy the evil that must attend the 
 ' leaving the country without a currency for ordinary 
 ' uses, as well as trade. 
 
 Egbert Hunter. 
 
 The house then examined into the conduct of their 
 late speaker, and the absent members, who on the 
 question, were all at different times severally expelled, 
 for contempt of authority and neglect of the servioe of 
 their eountry, and writs issued for new elections. 
 
 The 8th of next month soon after the speaker's 
 exclusion, but before the other members were expelled, 
 the assembly presented their address as follows : 
 
 ' ' May it please your excellency, 
 ' Your administration has been a continued series of 
 'justice and moderation, and from your past con- 
 ' duct we dare assure ourselves of a continuation of it, 
 ' and we will not be wanting in our endeavours to 
 ' make suitable returns, both in providing a handsome 
 ' support of the government, and of such a continuance 
 ' as may demonstrate to you and the world, the sense 
 * we have of our duty and your worth. 
 
 ' The 
 
408 
 
 The history 
 
 A. D. * The gentleman, our late speaker, has added this 
 1716. ( Qjjg instance of folly to his past demeanour, to con- 
 ' vince us and the world, that in all stations, whether 
 'of a counsellor, a private man, or a representative, 
 ' his study has been to disturb the quiet and tranquility 
 ' of this province, and act in contempt of laws and 
 ' government ; we are sensible of the effects it has had, 
 
 * and may have on the publick peace ; and our expul- 
 ' sion of him, we hope evinces that we are not the 
 'partisans of his heat and disaffection to the present 
 ' government ; we are very sorry he has been capable 
 ' to influence so many into a combination with him, to 
 
 * make effectual his ill purposes ; but we hope it is 
 ' rather the effect of weakness than malice, and that 
 ' their eyes are now so much opened that they'l return 
 
 * to their duty, and join with us in providing for the 
 ' publick credit, and whatever else may make this pro- 
 
 * vince happy, and your excellency easy. 
 
 Next the assembly resolved, ' That the late members 
 
 * whom they had expelled, should not sit as members 
 
 * of the house if they should be returned on a new 
 
 * election, during this sessions of assembly/ 
 
 Notwithstanding this resolve, several of the same 
 members were returned ; but refused seats in the house, 
 and the electors obliged to choose over again. 
 
 The governor then prorogued them to the 3d of 
 October. In November the same house met at Cros- 
 wicks,'^- the small-pox being at Burlington ; the gover- 
 nor opened the business of this session by telling them, 
 That supporting government and publick credit, re- 
 quired their immediate deliberation ; that they knew 
 the funds for the first had expired fifteen months ago, 
 and that the other had suffered much by the obstinacy 
 of some in refusing the payment of taxes, or remis- 
 
 ness 
 
 n. The true Indian name of this place is supposed to be Closs- 
 weeksung, a separation. 
 
Or NEW-JERSEY. 409 
 
 ness in others in collecting or putting the laws in exe- A. D. 
 cution, sufficient (if duly executed) to have answered 
 the end, and in a great measure prevented or remedied 
 that evil ; that he doubted not they were now met with 
 a good disposition, as well as in full freedom, all clogs 
 and bars being removed, to pursue to effect the good 
 ends of their meeting, and to make good their engage- 
 ments and promises in several addresses ; that the true 
 interest of the people and government were the same ; 
 to wit, a government of laws, that no other deserved 
 the name ; that this was never separated or separable 
 but in imagination by men of craft, such as were either 
 abettors of lawless power on the one hand, or confu- 
 sion and anarchy on the other ; that the first was not 
 the case of this province, and we had well grounded 
 hopes, that all endeavours towards the latter were 
 ceased. 
 
 This session proved long and fruitful : It held above 
 two months ; sixteen publick and private bills received 
 the governors assent. 
 
 In 1718 died Samuel Smith, one of the members of 
 assembly for Burlington ; hc'had sought happiness in 1718. 
 the quiets of obscurity, but being against his inclination 
 called to this and other publick stations, he passed thro' 
 them with a clear reputation : In private life he was 
 inoffensive, benev^olent, steady and respected, o. 
 
 This year was remarkable for an uncommon storm 
 of hail : It fell larger than had been remembered before 
 in the provinces, it killed many wild pigeons, and 
 other birds, and did considerable damage. 
 
 In 
 
 0. He with five of his brothers, John, Daniel, Joseph, Emanuel 
 and Ricliard, and one sister, renioveci from near Braniham, in 
 Yorkshire, at different times; but mostly in and about the year 
 1691. Daniel served the publick several years faithfully in assembly, 
 and died in 1742. Richard was 12 years one of the council, and 
 died the latter end of 1750. 
 
 \ 
 
The history 
 
 In the beginning of summer 1742, another hap- 
 pened with a strong gust of wind, accompanied with 
 some rain and hail of very uncommon bigness ; in one 
 house it was said to have struck 28 holes through the 
 roof ; the damage to the grain in some places was so 
 great, that the farmers began to forbear selling their 
 last year's stock, lest they should want bread ; at 
 Amwell, a boy was said to be kilFd, and others very 
 much hurt. 
 
 Such another happened in the spring 1758 : It came 
 from the north, the hail in large stones continued for 
 8 or 10 minutes, and abated gradually ; it drifted in 
 some places 6 inches think, it went in a vein as it com- 
 monly does) about a mile and a half broad : The de- 
 struction of green corn and gardens were great, and 
 the trees had their young leaves shattered to pieces. 
 
 In the spring governor Hunter again met the assem- 
 bly at Perth- Amboy ; but at the desire of the members, 
 their private affairs interfering, they were adjourn'd 
 to the winter, when meeting he made a speech, setting 
 forth : 
 
 That the revenue was sometime since, expired ; 
 that when this came under consideration, he desired an 
 augmentation of the officers salaries ; that in former acts 
 they were so scanty and so retrench'd from what they 
 had been, that the officers were not enabled to per- 
 form their respective duties. 
 
 That the assembly of New- York, had passed an 
 act for running the division line, betwixt this province ; 
 and that upon supposition, that another for the same 
 purpose would be passed here ; that the justice due to 
 the proprietors and the disturbances among the people, 
 made such a law immediately necessary ; that he had 
 formerly recommended their providing for an agent 
 at the court of Great Britain, and now repeated it; 
 
 that 
 
Of NEW-JEESEY. 
 
 411 
 
 that the lords commissioners for trade, had in several of A. D. 
 
 1710. 
 
 their letters complained of the want of one ; that this 
 was the only province in his majesty^s dominions, that 
 had none ; that by means of this omission their business 
 in England stood still ; that what could not be delayed 
 without danger or loss to the publick, since his admini- 
 stration had been negotiated by persons employed by 
 him, at his own very great expence, which he hoped 
 they would consider ; that as to projects of trade, he 
 had no reason to change his opinion since they last met ; 
 that to this subject he referred them on what he then 
 spoke 
 
 The assembly said in their address, That they were 
 not insensible the present circumstances of the govern- Address.' 
 ment as well as of the country, made their meeting 
 necessary, notwithstanding the rigour of the season ; 
 that they were not unmindful that the revenue was 
 expired, nor of their duty in a reasonable support j 
 that they were willing to pass an act for running the 
 division line betwixt this province and New York ; but 
 conceived the expence of that affair belonged to the 
 proprietors of the contested lands ; that they were very 
 sensible an agent for the province at the court of Great 
 Britain, was very necessary, but were sorry the cir- 
 cumstances of the province, were such, that they 
 
 could 
 
 p. The paragraph was as followeth: 
 
 ' As for the measures of advancing or rather for giving a being to 
 'trade amongst you, the generality of you has shewn such aversion 
 *to solid ones; and others such a fondness for imaginary or 
 'ruinous ones, that without a virtue and resolution of serving those 
 'you represent against their inclination, your endeavours will be to 
 'little purpose ; but if any thing of that nature fall under delibera- 
 'tion, I cannot think of a better guide, than a just inspection into 
 'the trade in other provinces, where it is in a good and flourishing 
 'condition, the means by which it became so, can be no mystery; 
 'where it is otherwise, or has decayed, you will find the true 
 ' cause of such decay conspicuous : And it is but a rational conclusion, 
 ' that what has form'd trade or that on which it depends, credit in 
 'one place cannot but be the most proper means either to begin it 
 * or preserve it in another.' 
 
412 
 
 The history 
 
 A. D. could not make a suitable provision for so useful an 
 officer ; and that they would readily come into any 
 measures that might be effectual to promote the trade 
 and prosperity of the province. 
 
 This session produced eleven publick and private 
 bills, among them was one for running and ascertain- 
 ing the division line betwixt New-Jersey and New- 
 York ; but this act was never put in execution further 
 than fixing the north partition point ; this was done 
 by indenture made the 25th of July, 1719, between 
 R. Walter, Isaac Hicks and Allane Jarrat, surveyor 
 general, on the part of New-York; John Johnston 
 and George Willocks, on behalf of East-Jersey; 
 Joseph Kirkbride and John Reading, on behalf of 
 West-Jersey, and James Alexander, surveyor general, 
 on behalf of both East and West-Jersey; these com- 
 missioners and surveyors duly authorized, met at the 
 place, and after many observations of the latitude, unani- 
 mously by the deed aforesaid, fixed the north partition 
 point on the nothermost branch of Delaware; which 
 they found to be that branch called the Fish-Kill : This 
 done, the commissioners for West-Jersey thought they 
 were not further concerned ; the others, though both 
 greatly interested in having it settled, left it an uncer- 
 tainty till 1764, when by acts of assembly of both 
 colonies, it was referred to be finally settled and deter- 
 mined by commissioners to be appointed by the crown. 
 
 Another act pass'd now, was that for running and 
 ascertaining the line of division between East and West 
 Jersey,?- the conditions here not hitherto complied with, 
 this line remains in the same uncertainty the act left 
 it ; still a subject of inconvenience and anxiety to many, 
 and seems to call for exertion in those with whom the 
 powers to settle it, are properly lodged. 
 
 The 
 
 -g. Vid. Laws of the province, vol. 1, p. 63, &c. 
 
Of NEW- 
 
 J E ES E Y. 
 
 41S 
 
 The beginning of the summer this year afforded a A. D. 
 fair prospect of a plentiful harvest, much was expected 
 from a great crop in the ground ; a day or two in the Wet har- 
 beginning proved good weather, but before the grain 
 was secured, showers of rain and a few hours sunshine 
 constantly succeeded each other; clouds at first small 
 in appearance, spread widely and filled the furrows r 
 the intervals of sunshine encouraged opening the shocks,, 
 but were not long enough to dry them ; after several 
 weeks came two days and a half fair weather ; what 
 could be dried and sav'd was now done, the rain then 
 began again, and continued day after day as before, 
 alternate rain and sunshine for near three weeks, so 
 that single ears of corn standing, grew; thus it con- 
 tinued till the grain was generally reaped,, several lost 
 their corn entirely, others saved but little;- this was 
 what is called the wet harvest. 
 
 We are now come to the end of governor Hunter's 1720i 
 
 administration, he resigned in favour of William 
 
 Burnet (son of the celebrated bishop) and returned to Governor 
 
 England : he had a ready art at procurino; money, Hunter re- 
 b } J r is J 1 signs. 
 
 few loved it more ; this foible 'tis said drew him into 
 schemes, gaming, and considerable losses ; tho' not 
 in all respects accomplished : His address here was en- 
 gaging and successful, he assented to most of the laws 
 the people w^anted, and fiU'd the offices with men of 
 character. He had before, so early as the year 1705, 
 been appointed lieutenant governor of Virginia, under 
 George earl of Orkney, and was on his voyage thither 
 taken prisoner to France. 
 
 The assembly at the sessions last mentioned,, fixed 
 for salary and incidental charges 600/'. per annum, Salary, 
 for two years this had been the accustomed support, 
 since the surrender, except once in lord Cornbury's 
 time, 500^. was provided in the succeeding administra- 
 tions. 
 
The history 
 
 tions, till Lewis Morris^ came governor of New- 
 Jersey, separate of New- York ; when it was augmented 
 to 1000/. per annum, and 60/. house rent, with 
 6001. addition the first year, for expences attending 
 his voyage, &c. 
 
 Governor Burnet f. met the assembly soon after his 
 arrival, but little business was then thought necessary, 
 nor did they very well agree ; that house had been 
 continued a long time, and were now dissolved, and 
 writs issued for a new election. 
 
 The members returned, were convened early in the 
 spring, 1721 ; they chose dr. John Johnston, speakers. 
 
 The governor's speech. 
 ' Gentlemen, 
 
 ' The choice which the country has made of you to 
 ' represent them, gives me a happy opportunity of 
 'knowing their -sentiments ; now when they have been 
 ' fully informed of mine in the most publick manner, 
 ' I have no reason to doubt, that after so much time 
 ' given them to weigh and consider every particular, 
 ' you bring along with you their hearty resolutions to 
 * support his majesty's government, in such an ample 
 'and honourable manner as will become you to offer, 
 ' and me to accept ; and in doing this, I must recom- 
 
 ' mend 
 
 r. The members of council in his instructions were, Lewis Morris, 
 Thomas Gordon, John Anderson, John Hamilton, Thomas Byerly, 
 David Lyell, John Parker, John Wills, John Hugg, John John- 
 ston, jun. John Reading, Peter Bard. 
 
 s. The members of this house were : Town of Perth- Amboy, John 
 Johnston, Andrew Redt'ord. County of Middlesex, John Kinsey, 
 Moses Rolph. Somerset, Robert Lettis Hooper, Thoams Leonard, 
 Essex, Josiah Ogden, Joseph Bonnel. Bergen, William Provost, 
 Isaac Vangezon. Monmouth, William Lawrence, Garrat Schank, 
 Town of Burlington, John Allen, Jonathan Wright. County of 
 Burlington, William Trent, Thomas Lambert. Gloucester, Samuel 
 Cole, John Mickell. Town of Salem, John Mason, Thomas 
 Mason. County of Salem, Isaac Sharp, Bartholomew Wyatt. Cape 
 May, Humphrey Hughes, Nathaniel Jenkins. 
 
Of NEW-JEESEY. 
 
 416 
 
 ^ mend to you, not to think of me,t- so much as of A. D. 
 
 'the inferior officers of this government, who want 
 
 ' your care more, and whose salary have hitherto a- 
 
 ' mounted to a very small share of the publick expence. 
 
 ' I cannot neglect this occasion of congratulating you 
 
 ' upon the treasures lately discovered in the bowels 
 
 ' of the earth, which cannot fail ■ of circulating for 
 
 ' the general good, the increase of trade, and the 
 
 ' raising the value of estates ; and now you are just 
 
 ' beginning to taste of new blessings, I cannot but 
 
 ' remind you of those wliich you have so long enjoyed, 
 
 ' and without which all other advantag-es would but 
 
 ' have encreased your sufferings, under a Popish king, 
 
 ' and a French government. 
 
 ' You can ascribe your deliverance from these, to 
 ' nothing but the glorious revolution, begun by king 
 ' William the third, of immortal memory, and com- 
 ' pleated by the happy accession of his present majesty 
 ' king George, to the throne of Great-Britain, and 
 ' his entire success against his rebellious subjects at 
 ' home, and all his enemies abroad. 
 
 ' To this remarkable deliverance, by an over-ruling 
 ' hand of providence, you owe the preservation of 
 ' your laws and liberties, the secure enjoyment of your 
 ' property, and a free exercise of religion, according 
 ' to the dictates of your conscience : These invaluable 
 ' blessings are so visible among us, and the misery of 
 ' countries where tyranny 4^ persecution prevail, so 
 ' well known, that I need noflPnention them, to raise in 
 ' your minds the highest sense of your obligations to 
 ' serve God, to honour the king, and love your 
 ^ country. 
 
 W. BUENET. 
 
 The 
 
 t. Whether an alteration in sentiment, or instructions, or both 
 was the cause, must be left to conjecture; but while governor of the 
 Massachusetts Bay, his conduct was different; there he insisted for 
 several years with the greatest firmness on an indefinite support, and 
 pursued it through the plantation board, privy council, and to the 
 parliament, where his death prevented its coming to a conclusion. 
 
416 
 
 The HISTOEY 
 
 A. D. The assembly's address* 
 
 1721. ( JVIay it please your excellency : 
 
 * We gladly embrace this opportunity, to assure your 
 ^ excellency, that our sentiments and those we repre- 
 ' sent, are one and the same, chearfully to demonstrate 
 ' our loyalty to our sovereign king George, and sub- 
 ' mission to his substitute, and readiness to support his 
 ^ government over us in all its branches, in the most 
 ' honourable manner the circumstances of this pro- 
 ' vince will allow ; which we hope your excellency will 
 ' accept of, tho' it fall short of what the dignity of his 
 ' majesty's governor and the inferior officers of the 
 ' government might expect, were the province in a 
 ' more flourishing condition. 
 
 ' We thankfully acknowledge your excellency's con- 
 ' gratulation, and doubt not when the imaginary trea- 
 ' sures (except mr. Schuyler's) becomes real, the coun- 
 ' try will not be wanting in their duty to his majesty in 
 ' making your excellency, and the officers of the 
 ' government partakers of the advantage. 
 
 ' We doubt not but your excellency will extend your 
 ' goodness to countenance any proposal that may tend 
 ' to the publick utility. 
 
 ' We hope your excellency will excuse us in falling 
 ' short of words, to express our thankful acknow- 
 ' ledgements to God Almighty and those under him, 
 ' who have been instruments in working deliverance 
 ' to that glorious nation to which we belong, from 
 ' popery, tyranny and arbitrary power, wishing it may 
 ' always be supplied with great and good men, that 
 ' will endeavour their utmost to maintain his majesty's 
 ' royal authority, and assert and defend the laws, 
 ' liberties and properties of the people, against all 
 \ ' foreign and domestic invaders. ' 
 
 ' We beg your excellency to believe the sincerity of 
 ' our thoughts, that there are none of his majesty's 
 ' subjects that entertains hearts more loyal and atf'ecti- 
 ' ouate, and desire more to testify their duty, gratitude 
 ' and obedience to their sovereign king George, his 
 
 ' issue, 
 
Of NEW-JERSEY. 
 
 417 
 
 ' issue, and magistrates in their respective degrees, than A. D. 
 ' doth the representatives of his majesty's province of 
 ' New-Jersey. Johk Johnston, speaker.' 
 
 Sundry bills were prepared this sessions, among these, 
 one had a title too singular to be omitted, An act against 
 denying the divinity of our saviour Jesus Christ, the doctrine ^bie^'bill^' 
 of the blessed trinity, the truth of the holy scriptures, and 
 spreading atheistical books : Assemblies in the colonies 
 have rarely troubled themselves with these subjects, 
 perhaps never before or since ; it probably arose from 
 the governor's motion, who had a turn that way, and 
 had himself wrote a book to unfold some part of the 
 apocalipse ; the bill was however rejected on the second 
 reading in the assembly : The sessions continued near 
 two months, the support was settled 500^. a year, for 
 five years ; the governor after passing that, and several 
 other bills, dismissed the house with the following 
 speech. 
 
 ' Gentlemen, 
 
 ' I have so many reasons to thank you for your pro- g ^^^^ 
 ceedings in this affair, that should I mention them' disnaissino' 
 all, time would not suffice rae ; tM^o I cannot but the assem- 
 acknowledge in a most particular manner; the acts ^^y* 
 for the chearful and honourable support, and for the 
 security of his majesty's government in this province. 
 
 ' I cannot but say, that I look upon the latter as the 
 noblest present of the two ; as I think honour always 
 more than riches : The world will now see the true 
 cause of our misunderstandings in the last assembly, 
 and that we met in the innocency and simplicity of 
 our hearts : that the enemy had sown such seeds of 
 dissention among us, that defeated all our good pur- 
 poses, and made us part with a wrong notion of one 
 another. 
 
 ' It has pleased God now to discover the truth, and 
 no man in his sober senses can doubt that the hand of 
 Joab was then busy, as it is now certain that it has at 
 this time. ' It 
 
 2d 
 
418 
 
 The HISTOKY 
 
 * It is a peculiar honour to me to be thus justified 
 ^ in all ray conduct by the publick act of the whole 
 ' legislature ; and God knows my heart, that I am not 
 ' fond of power, that I abhor all thoughts of revenge, 
 ' and that I study to keep a conscience void of offence 
 ^ towards God and towards man. 
 
 ' After the publication of the acts, I desire you to 
 ^ return to your house, and after having entered this 
 ' speech in your minutes, to adjourn yourselves to the 
 ^ first day of October next ; that tho' it is not probable 
 ' we should meet so soon, it may not be out of our 
 ^ power if occasion should be. 
 
 ' May 5, 1722. W. Burnet.' 
 
 Governor ♦ Burnet, after this, continued to preside 
 over New- York and New- Jersey, till 1727; when he 
 was removed to Boston, and succeeded by John Montgo- 
 merie. Esq; he continued till his death, which happened 
 in the summer 1731 : To him succeeded William Cosby, 
 Esq; he continued till his death in 1736 : The govern- 
 ment here then devolved on the president of the council, 
 John Anderson, Esq; he died about two weeks after- 
 wards, and was succeeded by John Hamilton, Esq; 
 (son of Andrew Hamilton, governor in the proprietors 
 time) he governed near two years. In the summer, 
 1738, a commission arrived to Lewis Morris, Esq; as 
 governor of New- Jersey, separate from New- York ; 
 he continued till his death in the spring 1746 ; he was 
 succeeded by president Hamilton ; he dying, it devolved 
 upon John Reading, Esq; as the next eldest councellor ; 
 he exercised the office till the summer 1747, when 
 Jonathan Belcher, Esq; arrived ; he died in the sum- 
 mer 1757, and was succeeded by John Reading, Esq; 
 president. Francis Bernard, Esq; arrived governor 1758 ; 
 was removed to Boston, and succeeded here by Tho- 
 mas Boone, Esq; in 1760; he was removed to South- 
 Carolina, and succeeded here by Josiah Hardy, Esq; 
 
 in 
 
 A. D. 
 1721. 
 
Of NEW-JERSEY. 
 
 in 1761 ; he was removed, and afterwards appointed 
 consul at Cadiz, &c. and succeeded here in the spring 
 1763, by the present governor, William Franklin, Esq. 
 
 CHAP. XXII. 
 
 OcGurrenees since the year 1721. 
 
 HAVING now gone through the accounts pro- 
 posed to the limited period ; what follows are 
 partly matters incidental ; the rest tho' not a regular 
 course of events, nor perhaps more important than 
 others omitted,- may nevertheless assist in a future 
 Volume, and in the mean time possibly be of some 
 historical service here. 
 
 December 29, this year, died William Trent, Esq ; 
 chief justice of New-Jersey : He was several years 
 member, and part of the time speaker of the assembly ; 
 and being a large trader at Trenton, when that place 
 was laid out for a town, it from him took its name, 
 being before significantly called Little- Worth : He had 
 been also speaker of the assembly of Pennsylvania ; he 
 bore the character of a gentleman. 
 
 In November a small earthquake was felt, it began 
 between the hours of ten and eleven at night. 
 
 In this year the" following act was passed, which 
 tho' but short, will probably hereafter be found of 
 great importance, 
 
 ' An act for the limitation of actions, and for 
 
 ' avoiding suits in law. 
 ' For quieting men^s estates and avoiding of suits : 
 ' Be it enacted by the governor, council, and general 
 * assembly of this province, and it is hereby enacted 
 ^ by the authority of the same, That all the statutes 
 ^ now in force, in that part of Great-Britain, called 
 
 ^ England, 
 
420 
 
 The history 
 
 A. D. 
 1727. 
 
 1728. 
 
 Extracts 
 from the 
 assembly's 
 minutes 
 on the sub- 
 ject of a se- 
 parate go- 
 vernment. 
 
 ' England, concerning the limitation of actions, real and 
 
 * personal, shall, and are hereby declared to be in force 
 ' in this province from the publication hereof, as fully 
 'and effectually, as if every of them were herein at 
 ' length repeated and enacted ; any law, usage or 
 
 * custom to the contrary in any wise notwithstanding. 
 
 Extracts from the proceedings of the house of assem- 
 bly of the colony of New-Jersey, John Montgo- 
 merie. Esq ; governor. 
 
 ^ Die Jovis, 9th of January, 1728. A motion being 
 made, whether the having a distinct governor for New- 
 Jersey, be in the opinion of the house for the advantage 
 of the province, or not ? A debate arising thereon, 
 and the question being put, the previous vote was 
 demanded, whether that question be now put or not ? 
 it was carried in the affirmative ; and then the question 
 was put, whether the having a distinct governor for 
 New-Jersey, be in the opinion of the house, for the 
 advantage of the province, or not ? it was carried in 
 the affirmative : Then the house adjourned till three, 
 o'clock, P. M. 
 
 ' Three o'clock, P. M. the house met according to 
 adjournment. Resolved nemine contradicente, that 
 the house will enter into consideration, what may be 
 the mo.st effectual method for obtaining a distinct 
 governor for this province hereafter ; and it is ordered, 
 that mr. Kinsey, mr. Stacy, mr. Lambert, mr. Eaton, 
 mr. Sonmans and mr. Bonnell, wait on his excellency 
 and council, with this and the last resolve, and desire 
 their concurrence therein, and a conferrence touching 
 the manner most likely to effect it ; and withal, to 
 signify to the governor and that board, that it is in 
 no wise the intention of this house, to give him the 
 least uneasiness (were it in their power) during the 
 time he may continue in commission ; but only to take 
 such measures as may best conduce to the end afore- 
 said, when his commission may determine by the 
 king's pleasure or otherwise ; and this they conceive 
 
 'a 
 
Of NEW-JERSEY. 
 
 421 
 
 * a duty incumbent upon them : Then the house ad- 1728* 
 'journ'd till to-morrow, nine o'clock, A. M. 
 
 ' To the king's most excellent majesty. 
 
 * The humble petition of the representatives of the 
 
 ' province of New- J ersey, in America, in general 
 ' assembly convened. 
 
 ' Most gracious sovereign, 
 ' We, your majesty's most loyal and dutiful subjects, 
 
 * the representatives of your province of New-Jersey, Their 
 
 ' in general assembly convened, by tlie early care your petition to 
 ' majesty has been pleased to shew for the general benefit ^^he king. 
 
 * of all your people, are animated to believe, that 
 ' nothing which may contribute to the advantage and 
 
 * prosperity of this, (though small and distant) part ot 
 ' your dominions, will be denied us ; we therefore beg 
 ' leave thus to approach your royal presence, in discharge 
 ' of that duty we owe to your majesty and to our coun- 
 
 * try, in the most humble manner here to represent : 
 
 / That the inhabitants of this colony, (formerly a 
 ' proprietary government) since the surrender thereof 
 ' to the crown, have always been under the same go- 
 
 * vernor with your majesty's prt)vince of New- York; 
 ' that we humbly apprehend it would much more 
 ' conduce to the benefit of this province, and no pre- 
 *judice to that of New- York, were their governors, 
 
 * as are the governments, distinct. 
 
 ' It is a peculiar happiness many of our fellow sub- 
 'jects enjoy, to be near your royal person, and to par- 
 
 * take of the immediate influence of so good a govern- 
 
 * ment; bat since our distance deprives us of that great 
 ' benefit, it might, (we humbly conceive) in some 
 ' degree be recorapenced, by having a person cloathed 
 ' with your majesty's authority constantly residing 
 ' amongst us : This we cannot expect while under the 
 
 * same governor with New- York ; that government 
 ' necessarily taking up so much of our governor's time, 
 
 * that but a small part of it can fall to our share ; and 
 ^ his residence being chiefly there, renders applications 
 
 'to 
 
The history 
 
 to him from hence, on ordinary occasions, difficult 
 and in extraordinary cases (however willing) he may 
 be unable to relieve until the affairs of that province 
 will permit his coming into New-Jersey. 
 
 ' Under the like difficulties, (and for the like reason) 
 we have laboured in respect to our principal officers, 
 who have formerly been inhabitants of that colony ; 
 which not only renders them less useful in their several 
 stations, but by spending their salaries there, drained 
 us of money, which would otherwise have circulated 
 amongst us. 
 
 ' Our having the same governor with the colony of 
 New- York at first, was (as we humbly conceive) 
 because this province was then in its infancy, the inha- 
 bitants few, and it might justly have been thought 
 too heavy a burthen to maintain a governor of our 
 own ; but since we are now much more numerous and 
 are as able and willing to support one, as divers of 
 our neighboring colonies, who enjoy that benefit; 
 we are humbly of opinion,, the granting this colony 
 such a governor, might tend to encrease our wealth, 
 and put us in a condition to emulate our neighbours 
 in trade and navigation. 
 
 ' We entreat your majesty to believe, that nothing, 
 we here say, proceeds from any dissatisfaction to our 
 present governor ; on the contrary, we are well pleased 
 with his government, and desire it may continue 
 during your royal pleasure; but all we humbly ask, 
 is, that when your majesty shall think fit to put a 
 period to his government, you will then graciously 
 condescend to bestow a distinct governor on this your 
 colony of New-Jersey. 
 
 ' That your majesty may long live to enjoy the crown 
 ' you wear, with ease and delight, exceeding in honour 
 ' your illustrious ancestors ; that when you part with 
 ' an earthly diadem, it may be to receive a crown more 
 ' permanent and glorious, and that Great-Britain and 
 ' these your dominions, may be always happy in a 
 'sovereign, whose virtues are so conspicuous (as in 
 
 * duty 
 
Of x\EW -jersey. 
 
 423 
 
 * duty we are bound) shall be the prayers of, may it -^^ ^• 
 ' please your majesty, li28. 
 ' Your majesty's most dutiful and most loyal subjects. 
 By order of the house, 
 
 ' John Ki'jstsey, jun. speaker.' 
 
 'Divers of the members of this assembly being of the people 
 'called quakers, concur to the matter and substance of this address, 
 ' but make some exception to the stile.' 
 
 Report of the lords of trade, relating to the separating Report of 
 the government of the province of New- Jersey, Lords of 
 from New- York. Trade. 
 
 ' To the right honourable the lords of the committee 
 ' of his majesty's most honourable privy council. 
 
 My Lords, 
 
 ' We have considered the humble petitions of the 
 president and council, the speaker, and several mem- 
 bers of the assembly, of his majesty's province of 
 New- Jersey ; of the grand jury of the said province, 
 and mr. Richard Partridge, agent for New-Jersey ; 
 together with two other papers annexed to the last 
 mentioned petition ; all of them referred to us by 
 your lordships on the 24th day of May last ; humbly 
 praying, for the reasons contained, that when his 
 majesty shall nominate a governor for the province of 
 New- York, the province of New- Jersey may not be 
 included in his commission, but that his majesty 
 would be graciously pleased to appoint a separate 
 governor for the said province of New-Jersey. 
 
 We have considered the reasons given by the peti- 
 titioners for this separation, and upon the best in- 
 formation we have been able to procure, we take 
 leave to acquaint your lordships, that the allegations 
 of the several petitions appear to be of great conse- 
 quence ; and we cannot doubt but that a separate 
 governor, whom the province is willing to support, 
 would be a means to give a quicker dispatch to their 
 publick affairs, to increase their trade and number 
 of people, and very much advance the interest of the 
 province. 
 
 ' Wherefore 
 
424 
 
 The HISTOKY 
 
 A. T>. * Wherefore we are humbly of opinion, that his ma- 
 
 1 Too 1/ JL / 
 
 lizti. ^jestj may be graciously pleased to comply with the 
 * prayer of these petitions. 
 
 ' We are, my lords, your lordships most obedient 
 ' and most humble servants. 
 
 T. Pelham. 
 Whitehall, Aug. 5, 1736. Ore. BuiDaMAir. 
 
 Ja. Brudenell.' 
 
 In this year died John Hugg, Esq ; of Gloucester 
 
 1730. County : He was about ten years one of the council : 
 Riding from home in the morning, he was supposed 
 to be taken ill about a mile from his house ; when 
 getting off his horse, he spread his cloak on the ground 
 to lie down on ; and having put his gloves under the 
 saddle-girth, and hung his whip through one of the 
 rings, he turned the horse loose, which going home, 
 put the people upon searching, who found him in this 
 circumstance speechless ; they carried him to his house, 
 and he died that evening. 
 
 In the spring this year, died in an advanced age, 
 
 1731. John Barclay, brother of Robert Barclay the apologist ; 
 He bore the character of a good neighbour, and was 
 serviceable to the publick in several capacities ; but more 
 particularly in Amboy, where he lived and died : He 
 came over early among the Scotch settlers to East- Jersey. 
 
 On the 5th of September, about noon, a small 
 shock of an earthquake was felt. 
 
 On the 6th of September, died in the seventy-first 
 year of his age, dr. John Johnston, of Amboy : He 
 was an early settler in East- Jersey ; 13 years member 
 of assembly, and ten of the time speaker ; he went 
 through several other important offices with reputation. 
 In his practice as a physician, he was knowing and 
 useful, and did many charitable acts ; for the poor 
 were generally the object of his particular care. 
 
 In 
 
Or NEW-JERSEY. 
 
 In the spring this y ear, died Peter Son mans : He 
 was sometime one of the council for New-Jersey, ap- 
 pointed by queen Anne ; but being suspended, he was 
 afterwards twice cliosen in the assembly for Bergen ; 
 he was agent to some of the proprietors of East-Jersey, 
 surveyor general there, receiver of the quit rents, and 
 ranger of the forests, as well as sea coasts, &c. He 
 was son to Aarent Son mans, one of the states of Hol- 
 land ; who having purchased a considerable share of 
 propriety in East- Jersey, had intended to have come 
 over ; and embarking for that purpose, arrived in 
 England ; and riding in company with Robert Barclay 
 for London, was shot by a highway-man, supposed 
 to be an effect of the party confusion in Holland, re- 
 lating to De Wit : His estate falling to Peter, he be- 
 came a great proprietor : He had before finished 
 his studies at Leyden, and had borne considerable 
 offices in England, under king William : About 1705 
 he came over hither to settle, it being his second 
 vQyage : He continued much engaged in the business 
 of his offices ; but being no oeconoraist, he was 
 greatly embarrassed in his private affairs : We have 
 before seen by the publick charges, other imputations 
 he lay under. He published a long vindication of his 
 character ; but with what success, is a question not 
 now easily resolved. 
 
 In November this year, came to these provinces, 
 by land from Boston, (where he had arrived from 
 London) Sheck Scidit, a native of Berytus, in Syria, 
 (about 60 miles north of Jerusalem.) He was said to 
 be Prince of Syria; but the credentials he produced 
 under the sign manual and privy signet, called him 
 Unus ex nobilibus civitatis Berytus ; having letters of 
 safe passport, and recommenc^ation to the charity of 
 those where he past. 
 
 He 
 
426 
 
 The history 
 
 A. D. He was reported to have snifered much for his 
 1737 .... 
 
 religion in his own country, being by profession a 
 
 member of the eastern church, tho' situate under the 
 Mahometan or Turkish government, and a tributary 
 prince of that empire : His pretence was, 
 
 That a greater quota of soldiers was exacted from 
 him than he was able to furnish, having other tribute 
 to pay, and his country, by several years distress from 
 locusts, and blasts of other kind, so impovershed, 
 that both quota and tribute could not be collected ; 
 That the grand segnior taking umbrage at this, 
 sent for his head ; of which he, by means of the 
 Czarian ambassador, having received private intelli- 
 gence, fled to the Czarina's court ; That in the mean 
 time his country was seized, and his wife and children 
 kept prisoners : while there, the Czarina gave him 
 expectations, that in her treaty with the Turks, she 
 would take care and provide for him when peace 
 was made : That after some stay at the Russian court, 
 he obtained letters recommendatory to their ambassador 
 at London ; and being by his means, taken notice of, 
 he obtained the credentials aforesaid, with which he 
 travelled through most of the corporations in England, 
 where it was thought he collected two thirds or three 
 fourths of what was due from him to the grand segnior ; 
 but was nevertheless encouraged to come to America, 
 where he also received considerable. 
 
 Contributions were made for him in New- York and 
 New-Jersey ; he was every where received with distin- 
 guished respect ; it was said, he received from the dilfe- 
 rent congregations in and about Philadelphia, two 
 hundred and fifty pounds. 
 
 He was a well proportioned lusty man, with a grave 
 aspect, and clothed after the eastern manner, with a 
 turbant on his head, and wore whiskers, spoke and 
 wrote the arabick language; his conversation and 
 
 deportment 
 
Of NEW-JERSEY. 
 
 deportment was graceful and easy, and seemed to 
 be-speak him of a noble education. 
 
 At Philadelphia he met with a handsome entertain- 
 ment, his expences were borne while he stayed, and. 
 provision was made for him in the vessel he went. 
 
 The 7th of December, this year, at night, was a 
 large shock of an earthquake, accompanied with a 
 remarkable rumbling noise; people waked in their 
 beds, the doors flew open, bricks fell from the chim- 
 nies; the consternation was serious, but happily no 
 great damage ensued. 
 
 In this year died Robert Lettice Hooper, Esq ; chief 
 justice of New- Jersey ; in which post he had continued 
 many years with a good character. 
 
 In the spring this year, died at Trenton, Daniel 
 Coxe, Esq ; one of the justices of the supreme court:: 
 He was son of the great proprietor and governor dr. 
 Coxe, of London : He had gone through several other 
 publick offices in New-Jersey, to which, from his 
 father's character and influence, he came with great 
 advantages : His diiferences with governor Hunter, 
 and the assembly, and the share he had in the publick 
 transactions, being all occasionally related before, 
 renders further addition here unnecessary. 
 
 About the 22d of the month called February, ap- 
 peared to these provinces, in the east, and continued 
 upwards of six weeks, a comet or blazing star, with 
 a long bright tail ; it was supposed to be near the 
 equinoctial at its first appearance, but moved five 
 degrees near north, in twenty-four hours, and continued 
 moving till it disappeared ; towards the last it was very 
 much encreased in length of tail and bigness. 
 
 In 
 
428 
 
 The history 
 
 A.D. 
 
 1746. 
 
 In the spring this jear, died Lewis Morris, Esq; 
 governor of New-Jersey : To our relief, we find his 
 character in great part already drawn, by an able 
 handj^t- to whom we have before been obliged : ' He 
 was a man of letters, and tho' a little whimsical in his 
 temper, was grave in his manners, and of penetrating 
 parts; being excessively fond of the society of men 
 of sense and reading : He was never wearied at a 
 sitting, till the spirits of the whole company were dis- 
 sipated. From his infancy he had lived in a manner 
 best adapted to teach him the nature of man, and to 
 fortify his mind for the vicissitudes of life : He very 
 early lost both his father and mother, and fell under 
 the patronage of his uncle : Being a boy of strong 
 passions, he gave frequent offence to his uncle, and 
 on one of these occasions, through fear of his resent- 
 ment, strolled away into Virginia, and thence to Ja- 
 maica, in the West-Indies ; where to support himself, 
 he set up for a scrivener : After several years spent in 
 this vagabond life, he returned again to his uncle, 
 who received the young prodigal with joy. In New- 
 Jersey, he signalised himself in the service both of the 
 proprietors and the assembly ; the latter employed 
 him to draw up their complaint against my lord 
 Cornbury, and he was made the bearer of it to the 
 queen : Tho' he was indolent in the management of 
 his private affairs, yet through the love of power, he 
 was always busy in matters of a political nature ; and 
 no man in the colony equalled him in the knowledge 
 of the law, and the arts of intrigue. He was one of 
 the council of New- Jersey, and a judge of the supreme 
 court in 1692. Upon the surrender of the govern- 
 ment to queen Anne, in 1702, he was named to be 
 governor of that colony, but the appointment was 
 changed in favour of lord Cornbury, the queen's 
 cousin. He 
 
 u. History of New- York, p. 125, 126. 
 
Of new-jersey! 
 
 42^ 
 
 He was several years chief iustice of New- York, A. T>. 
 
 . 1746. 
 and a member of assembly there ; in whatever post he 
 
 is named, activity must be supposed ; for he was among 
 the foremost on all occasions ; he was the second coun- 
 cellor for New-Jersey, named in lord Cornburj's in- 
 structions; suspended by him in 1704; restored by 
 the queen, and suspended a second time in the same 
 year; was chosen in the assembly here in 1707, re-ap- 
 appointed of the Council in 1708 ; suspended by the 
 lieutenant governor Ingoldsby in 1709 ; appointed 
 again in 1710, and so continued till 1738, when he 
 succeeded Cosby as governor of New-Jersey, separate 
 from New- York: The proceedings during his admi- 
 nistration in this capacity, will be found the labour of 
 many pages ; but too voluminous to have justice done 
 them in an abridgement here ; his favourite monopoly 
 of doubts and disputation, however amusing in me- 
 chanical and metaphysical subtilties, but illy agreed 
 w4th the dispatch and management necessary in a 
 publick station ; accordingly the whole transactions 
 of that period are chequered with great variety of 
 debates, some of them curious ; qualified to hold up a 
 side from long experience, no argument he thought 
 proper to espouse, was to be yielded, unless mathemati- 
 cally wrong; in this but few apparent convictions 
 attended, either for want of candour in acknowledging, 
 or antagonists sufficiently skilled in the science : Had 
 those who managed the controversy against him,,^ 
 found patience enough to have let his own arguments 
 gone to their proper lengths, they had probably some- 
 times gained their points, and saved themselves great 
 fatigue in attendance, and the expence it often occa- 
 sioned ; but having a trust, they opposed, refused, and 
 disputed his measures ; he replied, rejoined, and de- 
 murred, and kept them in unmanly suspence and at- 
 tendancies for months together, with scarce a prospect 
 
 or- 
 
430 
 
 The history 
 
 A. D. or means of accommodation : and yet nothinsr but that 
 1746. . . 
 
 to do; frequent formal angrj dissolutions ensued, in 
 
 which nothing was gained but increasing firmness in 
 
 the points contested, and a popular turn against the 
 
 government. In this uncertainty things were left at 
 
 his death, and restored to their original footing in the 
 
 next administration : But whatever were his faults, it 
 
 must be remembered, that the province owed much to 
 
 his early patriotism and abilities ; scarce an instance of 
 
 inordinate love of money is to be found in his private 
 
 conduct ; he inherited a large estate from his uncle, and 
 
 appeared moderate in adding to it : He was besides in . 
 
 his way, a kind husband, and indeed had uncommon cause 
 
 to be so ; an affectionate parent ; had the satisfaction of 
 
 a proriiising offspring, and lived to see most of them 
 
 married : The following are extracts from the singular 
 
 preamble of his will : 
 
 ' lif THE NAME OF GoD AMEN" : God's will be done ; 
 ' but what I will or desire should be done after my 
 ' decease, and how I would have what estate God has 
 ^ been pleased to bless me with, disposed of, is contained 
 'in what follows: But before I give any directions 
 ' concerning the disposition of my body or estate, I 
 ' think it my duty to leave the following testimonial 
 ' of ray sense of the goodness of God to me, in pro- 
 ' tecting and wonderfully preserving of me, from my 
 ' infancy to this present time, now in an advanced age. 
 ' My mother died when I was about six months old, 
 ' and my father not long after, in New- York, where 
 ' I was left an orphan, entirely in the hands of stran- 
 ' gers, who were appointed by the government to take 
 ' care of me. Sometime after that, the Dutch took the 
 ' place, and I was put by their magistrates into the 
 ' hands of trustees, by them appointed to take care of 
 ' me, and of what effects their soldiers had left unphin- 
 ' dered ; and after the surrender of New- York to the 
 English, my uncle came into these parts of America, 
 and kindly took care of me until I came to man's 
 
 ' estate ; 
 
 t 
 
Of NEW-JERSEY. 
 
 431 
 
 ^ estate ; and he then dying, what he had fell into my A, D. 
 ' hands, being his sole and only heir. He had made 
 ' a wiir, in which were found several material interlina- 
 ' tions and erasures ; which will, when exhibited before 
 ' the governor and council of New-York to be proved, 
 ' of six subscribing witnesses to the said will, only two 
 ' of them could make oath in due form of law ; and 
 ^ they knew nothing of those erasures and interlina- 
 ' tions ; and one William Bickley, a quaker, who 
 ' wrote the will, said, that he wrote the will, and made 
 them ; but knew not why they were made. My uncle 
 ^ by that will having bequeathed his plantation over- 
 ' against the town of Haerlem, to his wife ; but for what 
 ' estate,, did not appear ; the words being scratched or 
 ' erased out so as not to be read, and instead of what was 
 * so erased, there was after the words, Mary Morris, 
 ' (which was the name of his widow) these words, viz. (her 
 ' heires and assignes forever, the lands thereof) interlined. 
 ' The widow died about a week after her husband, (the 
 ' will having been in her and Biclcley's keeping all that 
 ' time) and after, or about the time of her death, I was 
 ' told of this erasure by Miles Forster, one of the execu- 
 ' tors in the will named. This will was dated the 12th of 
 'February, 1690, but a little before my uncle's death, 
 ^ and exhibited for proof the loth of May following, 
 ' at which time the erasure, and reason for making of 
 ' it, must have been fresh in the memory of the writer, 
 ''who declared he knew of it; and must have been 
 ^ fresh in the memory of the witnesses, had any such 
 ■'thing been shewn unto them. That Bickley should 
 ' know of, and make this erasure and interli nation, 
 ' and not know or remember the reason of making it 
 ^ in so short a time after it was done, appeared strange 
 'to all present; and most were of opinion, that the 
 ' words erased out, were of different import from those 
 ' interlined, or there had been no necessity for making 
 ' the erasure and interlination ; but as the writer of the 
 ' will, either could not, or would not tell for what end 
 ' they were made, tho' it appeared to be done with 
 ^ intent to vest an estate in fee simple in the widow, 
 
 ' which 
 
432 
 
 The history 
 
 A. D. < whicli it is probable the words erased did not do : and 
 *only two witnesses being able to make oath in due 
 ' form, and these not knowing any thing concerning 
 'it; administration was committed to me, with the 
 ' testament annexed ; and I have since purchased releases 
 ' from the heirs and legatees of the widow, and have 
 ' been in quiet possession above fifty three years. Thus, 
 ' by the sole goodness of almighty God, ray benign 
 ' creator, the designs against me were rendered inelfec- 
 ' tual, without any contrivance or act of my own. 
 ' Whether my uncle was persuaded, or really intended 
 ' to give that estate to his wife and her heirs ; or whether 
 'he had given it to her for life, and so intended, and 
 ' the words interlined were done after his death ; or if 
 ' he did intend to give it her in fee, and the writer had 
 ' not made use of proper words for that purpose (tho' 
 ' he had done it in every other case where an estate was 
 ' given to me in fee) and discovered it to my uncle, 
 ' and made the alteration during his life, and by his 
 'consent; or discovered them after his death, and then 
 ' made the erasure and interlination ; is what I know 
 ' nothing of, and what the writer of the will either 
 ' could not or would not say any thing about ; but it is 
 ' evident on the face of the will, that every bequest to 
 ' me, either of lands or chattels, even of my mother's 
 'jewels, and what in the will was mentioued to belong 
 ' to her, and did only belong to me, was given (as the 
 ' writer of the will called it) with restriction and limita- 
 * tion (meaning as I suppose with this condition) that I 
 ' should submit myself wholly and absolutely to every 
 ' thing contained in that will ; and it was therein deter- 
 ' mined, that if I, or any body claiming under me, 
 ' should under pretence of right from my father, whether 
 ' by partnership with my uncle or otherwise, make any 
 ' claim or demand of the estate left by my uncle, or any 
 ' part of it; that in such case the bequests to me were to 
 ' be void. The drawer of that will had purchased and 
 ' read (with all the judgment he had) a book, entitled 
 ' Orphan's Legacy, in order to qualify him for that 
 ' performance ; and so apprehensive was the contriver or 
 
 contrivers 
 
Of new-jersey. 
 
 433 
 
 contrivers of that will of my making such claim, A. D. 
 and that the law might determine in my favour; that 1746. 
 by a clause in that will it was directed, that if any 
 doubt or controversy should arise, by reason of im- 
 perfection, defect, or any other cause whatsoever 
 of, or in any words, clauses and sentences in his last 
 Avill and testament, or about the true intent and 
 meaning thereof; that in such case, his executors, or 
 any three of them, should expound, explain, inter- 
 pret, and finally decide the same, according to their 
 wisdoms and discretions. There had been articles of 
 agreement and partnership entered into between my 
 uncle and my father, and executed by both the par- ' 
 ties; in which amongst other things, it was covenanted 
 and agreed between them, that if either of them 
 died without issue, the survivor, or issue of the sur- 
 vivor (if any) should take the estate. Upon the 
 death of my father, that part of the agreement 
 executed by my uncle, with other my father's papers, 
 came into the hands of my uncle, and upon his death 
 into Bickley's (as I suppose) who kept the keys of his 
 scruitore : That part of the agreement executed by my 
 father, I had seen often, and it came into my hands; 
 but that part executed by my uncle, was made away 
 with ; who destroyed it, I can't say ; but believe my 
 uncle was too just a man to do any thing of that 
 nature. It appears from all this, that there was a 
 design formed to deprive me of the greatest part of 
 the estate my uncle died possessed of, and that this 
 design was defeated. That this might be accounted 
 for from natural and obvious causes, such as the 
 erasure of the will and the like, may be; but what 
 confounded the understanding of the writer so as to 
 make the erasure in that j)articular place, and in the 
 manner he did, and to pretend not to be able in so short 
 a time after it was done, to give any account why it 
 was done, I attribute only to the over-ruling provi- 
 dence of the Almighty, who has wonderfully pro- 
 tected and preserved me hitherto; and I doubt not 
 will continue his goodness to me till he thinks fit to 
 
 2 E ' call 
 
434 
 
 The history 
 
 A. D. 
 
 1746. 
 
 call me hence, tho' I am unworthy of the least of his 
 favours. I now proceed to directions concerning the 
 disposal of my body and estate; and first, I will, that 
 my body shall be buried by the bodies of my uncle 
 and my children that lie at Morrisania, if it can be con- 
 veniently done. I would be buried in a plain coffin 
 of black walnut, cedar, or mahogany, without 
 covering or lining with cloth, or any other material 
 of linen, woollen, or silk; my age and the time of 
 my death may be put upon it in such manner as my 
 executors shall think fit: I forbid any rings or scarfs 
 to be given at my funeral, or any man to be paid for 
 preaching a funeral sermon over me : Those who sur- 
 vive me, will commend or blame my conduct in life 
 as they think fit, and I am not for paying of any 
 man for doing of either ; but if any man, whether 
 churchman or dissenter, in or not in priest's orders, 
 is inclined to say any thing on that occasion, he may, 
 if my executors think fit to admit him to do it. 
 I wx)uld not have any mourning worn for me by 
 any of my descendants ; for I shall die in a good old 
 age ; and when the divine providence calls me hence, 
 I die when I should die, and no relation of mine ought 
 to mourn because I do so ; but may perhaps mourn to 
 pay the shop keeper for his goods, should they com- 
 ply with (what I think) the common folly of such an 
 expence. I will, (if it be not done before my death) 
 that a vault of stone be built at or nigh the place at 
 Morrisania, where my good uncle lies buried ; and 
 that the remains of my relations lying there, be col- 
 lected and put into coffins in it; and my executors 
 
 may get a tomb stone for me if they think fit. 
 
 What the state of the dead is, I know not; but 
 believe it to be such as is most suitable for them, and 
 that their condition and state of existence after death, 
 will be such as will fully shew the wisdom, justice, 
 and goodness of their great creator to them. As 
 to what estate it has pleased God to entrust and bless 
 me with, I will and dispose of it as follows : First, I 
 will as the law wills, that all my debts and funeral 
 charges be justly paid and discharged, &c. In 
 
Of new-jersey. 
 
 435 
 
 In this year died Joseph Cooper: He was at eight 
 successive elections chosen to represent Gloucester county 1'49. 
 in assembly, and continued in that station 19 years ; 
 he had steady principles, and a nobility of disposition 
 and fortitude, superior to many : At one of the tedious 
 sessions, in Col. Morris's time, when contrariety 
 of sentiments had long impeded business, that governor 
 casually meeting him in the street, said, ' Cooper, I 
 ' wish you would go home and send your wife.' I 
 ' will, says he, if the governor will do the same by 
 ' his : ' An anecdote deservedly expressive as fo those 
 good women. 
 
 In the summer this vear, three natives of Greenland, 
 passed through the province, dressed in seal-skins, 
 with the hair on after the manner of their own country ; 
 they were two young men and a young woman, con- 
 verted to the christian religion by the moravian missi- 
 onaries : They had left Greenland about two years 
 before, in a Moravian ship (which had carried a house 
 ready framed, for worship, to be erected there, that 
 country affording no wood for building) and had since 
 visited the brethren in several parts of Europe ; as 
 England, Holland, and Germany : Their eyes and 
 hair were black, like the Indians here ; but their com- 
 plexion somewhat lighter : Two Indian converts from 
 the moravian mission, at Barbice, near Surrinam, were 
 also with them : They together went to the Moravian 
 settlement at Bethlehem, in Pennsylvania ; there they 
 met with some Delaware and Mohickon Indians ; 
 converts also of the Moravians ; and tho' their native 
 lands are so vastly remote as the latitude of 5, 41, and 
 65 north ^ yet what they observed of each other's 
 hair, eyes, and complection, convinced them that they 
 were all of the same race ; they could find however, 
 lao similitude in their several lang-uases. 
 
436 
 
 The history 
 
 A. D. The 9th of JSTovember died, in the 53d year of 
 1751 . . . . 
 
 his age, Richard Smith: He represented Burlington in 
 
 assembly near twenty years, through a great variety of 
 difficult business: He maintained a fair reputation, 
 was instrumental in procuring considerable provincial 
 benefits ; and hence acquired the love of many, who 
 had no opportunities of knowing him, but in a publick 
 character. He was cool and even in his temper, im- 
 partial and conscientious in the discharge of his duty, 
 kind and careful in every paternal relation, and gene- 
 rous in both sentiment and conduct. 
 
 1765. Xhe 18th of November, at four o'clock in the 
 morning, was a considerable shock of an earthquake, 
 which lasted about two minutes ; the weather for seven 
 days successively before, had been remarkably clear and 
 still, and all that night was so, with a clear full moon- 
 shine; the two days following, continued also very still 
 and clear, not a cloud to be seen, till towards evening 
 of the second day after it happened : It did uQt begin 
 with so much of a rumbling noise as that in 1737, 
 but was thought not to fall short in the concussion. 
 
 1756. Early in this year died at New- York, James Alex- 
 
 ander, Esq ; where he had long borne the office of pro- 
 vincial secretary, and afterwards many years one of the 
 council. He was also- long surveyor general of both 
 East and West-Jersey, and several years of the council 
 in New- Jersey. ' He was bred to the law, and tho' no 
 'speaker, at the head of his profession for sagaciity 
 *and penetration; and in application to business, no 
 ' man could surpass him : ' With his knowledge he was 
 ready and communicative; and having by candid prac- 
 tice, and ingenuous industry and diligence, acquired a 
 great estate in hi& latter years, remained a generous 
 source of instruction for the advantage of younger 
 practitioners, and many others. 
 
 In 
 
Of NEW- JERSEY. 
 
 437 
 
 In this year died, in the seventy-sixth year of his age, A. D. 
 Jonathan Belcher, Esq ; governor of New- Jersey : In 
 this station he arrived in 1747. He was a native of 
 New-England, and in his youth falling heir to great 
 acquisitions, got early upon the wing, in the gay world j 
 a handsome exteriour, a fondness for it, and for dress, 
 equipage, and popular eclat, insensibly betrayed him 
 into a scence of show and expence, which at length 
 proved inconvenient to his patrimony ; with this turn 
 he travelled, kept the first rate entertainments and com- 
 pany, and received marks of distinguished notice and 
 respect in the electorate of Haover.w- He went over 
 agent for the Massachusetts Bay, on the long contest with 
 governor Burnet, on the subject of an indefinite support; 
 on his death came over governor of that colony, and 
 long insisted on the same demands his predecessor had, 
 done, and with the same success .: He continued governor 
 there for a considerable time, and had great opportuni- 
 ties of indulging his favourite taste ; but carrying a 
 high hand in the administration, disgusted men of influ- 
 ence ; and at one time putting a negative on several coun- 
 •cellors, occasioned so many voices to unite in their ap- 
 plications against him, that he was removed from his 
 
 government. 
 
 w. Prince, in the dedication to him, of his chronology, speaks 
 of this in the following strain : 
 
 'Upon this occasion his excellency will forgive me, if for the 
 'honour of his country, as well as for his own; we boast of ono 
 * among us, who inspired with zeal for the s^cces^non of that lUustri- 
 'ous house, even in the joys of youth, twice brake away, viz. in 
 ' 1704 and 1708, and i)assed a double ocean; that he might with 
 'rapture see, and in his country's name, express the ardour of their 
 'vows to that most important family; in which under Heaven, all 
 'the welfare of three mighty nations, and even of all the protestant 
 'states and kingdoms in the world, as well as the liberty, relitjion 
 'and felii'ity of these colonies and provinces were involved. A 
 'celebrated instance peculiar to himself alone, that I presume no 
 'other American can pretend to; and for the fatigue and pains, I 
 * Kupt)ose no other subject of the whole British empire; which re- 
 'dounds to the glory of the land that bred him, that parted with 
 'him, and received him with applause.; and the happy consequence 
 'whereof, at the head of his country, he now enjoys. 
 
The history 
 
 government. Here he witnessed a reverse of fortune^ 
 being obliged to wait at a great expence several years 
 before an opportunity presented of getting again into 
 office ; at length the government of New-Jersey falling 
 vacant, early notice, properly used, procured him that : 
 He was now advanced in age, yet lively, diligent in his 
 station, and circumspect in his conduct, religious, 
 generous and affable : He affected splendour, at least 
 equal to his rank and fortune ; but was a man of worth 
 and honour ; and tho' in his last years, under great de- 
 bility of body from a stroke of the palsy, he bore up 
 with firmness and resignation, and went through the 
 business of the government in the most difficult part 
 of the late war, with unremitting zeal in the duties of 
 his office. 
 
 In this year died Andrew Johnston, esq ; aged 67 : 
 He succeeded his father in representing Amboy in assem- 
 bly, and was speaker several years ; long one of the 
 treasurers : The last 15 years of his life he was in the 
 council, and a diligent attender on the business there • 
 he had great equality of temper, circumspection of 
 conduct, an open, yet grave engaging mein, much 
 goodness of heart, and many virtues both, publick and 
 private. 
 
 The 30th of October, between four and five in the 
 afternoon, was a very considerable shock of an earth- 
 quake ; which directed its course to the eastward. 
 
 In the beginning of this year died Robert Hunter 
 Morris, Esq ; He was near twenty-six years one of the 
 council, and chief justice of New- Jersey, and some 
 time lieutenant governor of Pennsylvania : He had 
 strong natural powers, an elevated quickness of appre- 
 hension, a memory tenacious, read much, and was 
 uncommonly furnished in conversation on most sub- 
 jects ; 
 
Of NEW-JERSEY. 
 
 439 
 
 jects ; he gloried in the rational privilege of free dis- "1764' 
 qaisition ; in his motives to action, disdain'd to resemble 
 the floating logx- that went with the tide; yet the other 
 extreaiii had a snare of too delicate concealment to be 
 always avoided : He came young into the office of 
 chief justice, stuck to punctuality in the forms of the 
 courts, reduced the pleadings to precision and method, 
 and possessed the great qualities of his office, know- 
 ledge and integrity, in more perfection than had often 
 been known in the colonies : Had no other stations 
 engrossed his attention, his character had remained 
 without dispute, more light than shade; inheriting 
 from his father,?/- or imbibing a turn at starting more 
 difficulties, than himself or others could easily solve, 
 introduced debate, in which often appeared a seemingly 
 constitutional delight ; but being brought up under 
 the tuition of an excellent mother, the bias here was 
 qualified in part, with the advantages of this, the father's 
 experience, and much of his own, in variety of situa- 
 tions : He had a liberal education, a comely respectable 
 person, easy address, smooth flow of words, a command- 
 ing influence in his manner, and was a warm friend, but 
 formidable enemy, not partial or oppressive as a judge, 
 in several private relations generous and manly, in none 
 avaritious, in some inconsiderate, in many his own 
 original or his father's copy, often singular, sometimes 
 whimsical, always opinionated, and mostly inflexible. 
 
 The 20th of the month called July, at about 40 
 minutes past seven in the evening, an uncommon ball 
 of fire was seen in the north-east, about fifty degrees 
 above the horizon ; it took its course near north-west ; 
 its diameter seemed as large or larger than the sun, 
 especially at one time, when it opened so as to seemingly 
 
 separate 
 
 X. He was apt to apply this expression in contrast to a sentimen- 
 tal choice. 
 
 y. See page 427, &c 
 
440 
 
 The history 
 
 A. D. separate : It appeared like sheets of fire inclining* t02:e- 
 ther ; its sound as it "^ent in some places, was said to 
 resemble that of a great fire urged by a strong wind ; 
 it kept near one height all the way, till it had crossed the 
 meridian to the north about twenty degrees ; there a 
 small cloud seemed to attract it; mounting higher, just 
 as it appeared the outward edge of the cloud, it 
 appeared to shatter into innumerable pieces. 
 
 C H A P. XXIII. 
 
 The present state of Indian affairs in New- Jersey. 
 
 TO the accounts before given respecting the Indians, 
 we now add other particulars, as far as New-Jersey 
 hath been concerned. 
 
 For nigh a century, such of them as were natives of 
 that province, had all along maintained an intercourse 
 of great cordiality and friendship with the inhabitants, 
 being interspersed among them, and frequently receiv- 
 ing meat at their houses, and other marks of good will 
 and esteem : When the troubles broke out among the 
 back Indians, it was observed, that some who had 
 usually resided there, were missing, and supposed to 
 have retired among them. 
 
 In the year 1758, for a considerable time after the 
 first hostilities had commenced in Pennsylvania, the 
 family of Nicholas Cole, in Walpack, nigh the fron- 
 tier of New-Jersey, were at two in the afternoon unex- 
 pectedly attacked, and most of them murdered and 
 carried off ; this, and a few other murders alarmed the 
 province, as it was not known or supposed they had any 
 complaint against it.^- 
 
 The 
 
 2, They had, to one of the messengers sent from Pennsylvania, 
 complained of the death of the sachem Weequehelah ; but this 
 
 was 
 
Of NEW-JERSEY. 
 
 441 
 
 The legislature appointed commissioners to examine 
 into the treatment the Indians had received ; they first 
 met them at Crosswicks, in the winter 1756, and heard 
 what they had then to allege as grievances, and 
 promised to lay them before the legislature; which 
 they did at a session in 1757; when an act passed to 
 remedy them, by laying a penalty upon persons selling 
 strong drink, so as to intoxicate them, and declaring 
 all Indian sales or pawns for drink, void; that the 
 person of no Indian should be imprisoned for debt, 
 and that no traps larger than to weigh three pounds and 
 a half should be set, &c. and making all sales of lands 
 or leases void, not obtained according to the direction 
 of the act.«- 
 
 They afterwards, by another act, gave the commis- 
 sioners power to appropriate sixteen hundred pounds, 
 in purchasing a general release of Indian claims to 
 New-Jersey ; one half to be laid out in a settlement for 
 the Indians residing in the province to the south of 
 Rariton river, whereon they might reside, raise the 
 necessary subsistence, and have always in view the con- 
 sideration they had received for the remainder of their 
 
 lands 
 
 was looked upon as meer pretence to colour their attempts with the 
 appearance of justice; as that Indian was known to have been exe- 
 cuted for actual murder, and to have had a legal trial : The fact 
 was, he was an Indian of great note and account both among 
 Christians and Indians, of the tribe that resided about South-river, 
 where he lived witli a taste much above the common rank of Indians, 
 having an extensive farm, cattle, horses and negroes, and raised 
 large crops of wheat, and was so far English in his furniture as to 
 have a house well provided with feather beds, calico curtains, &c. 
 He frequently dined with governors and great men, and behaved 
 well; but his neighbour, captain John Leonard, having purchased 
 a cedar swamp of other Indians, to which he laid claim, and Leo- 
 nard refusing to lake it on his right, he resented it highly, and 
 threatned that he would shoot him ; winch he accordingly took an 
 opportunity of doing in the spring 1728, while Leonard was in 
 the day time walking in his garden or near his own house, at 
 South-river aforesaid. 
 
 a. Vide vol. 2 of laws, pa. 127. 
 
442 
 
 The history 
 
 A. D. lands; the other half was to be applied to purchase 
 any latent claims among the back Indians not resident 
 in the province. 
 
 The commissioners accordingly procured a second 
 conference"'- with the first mentioned ; which was held 
 at Crosswicks in the second month (February) 1758. 
 
 They first reminded them, that they had above a 
 year since informed them, that the disorders committed 
 in the back parts of Pennsylvania and this colony, had 
 not lessened the regard they entertained for their friends 
 the Indians, who in this time of trial lived peaceably 
 and quietly among the inhabitants, and assured them 
 of the governor's protection ; that they had then desir'd 
 they would make known any burthen that lay upon 
 their minds ; that the Indians then signifying some 
 abuses they were subject to by private sales made by 
 some of their own people, and the inconveniencies 
 they had suffered from setting iron traps for deer, being 
 cheated of their goods when in drink, and that they 
 thought they had still a right to some pieces of land, 
 which they had not sold ; that in consequence of these 
 demands, they, the commissioners, had faithfully 
 reported to the legislature, who had passed a law to 
 prevent all future abuses of that kind ; and that they 
 were now impowered fully to hear the particulars of 
 
 any 
 
 a. The commissioners were, Andrew Johnston and Richard Salter, 
 esquires, of the council, and Charles Read, John Stevens, William 
 Foster and Jacob Spicer, esquires. The Indians were, Teedye- 
 scunk, king of the Delawares. George Hopayock, from the 
 Susquehanah. Crosswick Indiam, Andrew Wooley, George Wheel- 
 wright, Peepy, Joseph Cuish, William Loulax, Gabriel Mitop, 
 Zeb. Conchee, Bill News, John Pembolus. Mountain Indians, 
 Moses Totamy, Philip. Rariton Indian, Tom Evans, Ancocus 
 Indians, Robert Kekott, Jacob Mullis, Samuel Gosling. Indians 
 from Cranbury, Thomas Store, Stephen Calvin, John Pompshire, 
 Benjamin Glaus, Joseph Wooley, Josiah Store, Isaac Still, James 
 Calvin, Peter Calvin, Dirick Quaquay, Ebenezar Wooley, Sarah 
 Stores widow of Quaquahela, Southern Indians, Abraham Loques, 
 Isaac Swanelac, John Pompshire, interpreter. 
 
Op NEW-JERSEY. 
 
 443 
 
 any claims they had to lands in the colony, which A. D. 
 was determined to do them strict justice : The Indians 
 informed the commissioners, that the lands they 
 claimed, could not be by them described by lines, 
 very intelligible to persons not on the spot, as they 
 went to hollows, and small brooks, which had no cer- 
 tain names ; but that they had described them as well 
 as they could : And then they delivered lists of the 
 tracts they esteemed unpurchased, as follows : No. 1, 
 A power of attorney from Capoose and Telaman, to 
 Moses Totamy, dated the 30th of January, 1743-4, 
 for lands on the south and southwest side of the south 
 branch of Rariton, joining thereto ; as explained by 
 the said power. No. 2. A paper declaring the lands 
 from the half way from the mouth of Metetcunk, to 
 Tom's river, from the sea to the heads of the rivers, 
 belong to capt. John, Totamy Willockwis.; and from 
 John Eastel's to Hoekanetounk, on Crosswioks ; then 
 on a strait course to Mount-Holly, and so up Ranoho- 
 C(xs creek, to the head; and from thence to the heads 
 of Wkteconk creek, and along the said creek to Jarvio 
 Farrow's Mill, and so to the sea. Rompshire and 
 Stephen Calvin, say, they are concerned in the tract, 
 No. 3. A power of attorney to Totamy, and capt. 
 John, dated the 21st of February, 1742, from Taw- 
 leyneymun, Tohokenum, Gooteleek, to sell lapds on Egg- 
 Harbour, between Mount-Holly and Crosswiolcs. 
 
 They have a tract of land beginning at the Old- 
 Ford, by John Fowler's; then on a line to Doctor's 
 creek above, but in sight of Allen- Town ; then up 
 the creek to the lower end of Iml'ay's town ; then on 
 a line to Orosswieks creek, by Duke Horseman's ; then 
 along the said Creek to the place of beginning. Teedy- 
 escunk and Totamy are concerned in the above lands • 
 then they said, that from the Mouth of 8quan, to No 
 2. belongs to Sarah Store, to whom it was given by 
 
 her 
 
444 
 
 The history 
 
 A. T>. her husband, to the heads of the branches, and so 
 across from one branch to the other. 
 
 Tom Store and Andrew Wooley, claim a tract between 
 Cranbury and Devil's Brook, possessed by Josiah Davi- 
 son's sons, that has two new houses built thereon, in 
 which is included the whole tract of the late president 
 Hamilton, and also Mr. Alexander's surveys, where 
 Thomas Sowden lives ; he has sold part of this tract to 
 Hollinshead, where M' Gee lives ; also has sold some 
 to Josiah Davison, to Doore Marlet, John Wetlierill, 
 and James Wilson : He claims lands from Cranbury 
 brook, to the cross roads, lying -on the right hand 
 of the road, and is claimed by William Pidgeon; James 
 Wall and John Story lives upon one corner of it ; 
 also a" piece upon Pompton river, the livers upon it he 
 knows not ; it lies in one piece, and is the same that 
 Mr. Woodruff and company, were about purchasing 
 of him. 
 
 They also claim from the mouth of Squan, to the 
 mouth of Shrewsbury river, by the streams of each, to 
 their heads, and across from one head to the other. 
 
 Also Vanot's place, an the west side of Squan river. 
 Also a piece at Topanemus bridge : In this piece Ben 
 Claus is concerned. 
 
 Tom Store and Andrew Wooley, also claim a piece 
 on the north side of South River. Polly Ritchies place. 
 
 Also a piece between Allen-Town and Millstone 
 brook, where Hoehan Gapee used to live, joining on 
 the east side of the post road to Amboy ; part of Dun- 
 star's tract. 
 
 Also, Vanse's place, joining to Millstone brook, on 
 Amboy road ; part of Fullerton's tract. 
 
 Also a swamp near Gawen Watson's place, belong- 
 ing to the Johnston's family, and the Furmans. 
 
 Isaac Still claims from the mouth of Great Egg- 
 Harbour river, to the head branches thereof, on the 
 
 east 
 
Of new-jersey. 
 
 445 
 
 east side ; so to the road that leads to Greed Egg- Har- 
 bour ; so along the road to the sea side, except Tuckahoe, 
 and the Summer's, Steelman, and Skull's places. 
 
 Robert Kecott, claims in Piles grove, the places 
 whereon John Mayhue's sons live. 
 
 Also the township of Deerjield, in the county of 
 Cumberland, where the presbyterian meeting house 
 stands. 
 
 Also the tracts of Jam£s Wasse, Joseph Peck, and 
 Stephen Chesup. 
 
 Jacob Mullis claims the pine lands, on Edge Pillook 
 Branch, and Goshen Neck Branch, where Benjamin 
 Springer and George Marpole's mills stands ; and all 
 the land between the head branches of those creeks ta 
 where the waters join or meet. 
 
 AbraJiam Loques claims the Cedar-Swamp, on the 
 east side, Tuckahoe Branch, which John Campion and 
 Peter Campbell have, or had. in possession. 
 
 Also Stuypson's island, near Delaware river. Tom 
 claims 30 acres adjoining ,i^io/iard Parfe, wheel- 
 wright in Middlesex county. 
 
 TeedyesGunk claims a tract in Hunterdon, called Ne- 
 shannock, beginning at Philip Ringoe's house, which 
 stands near a corner of it ; and so along the road that 
 leads from thence to Brunswick, as, far as Neshannock 
 creek ; thence up the same to George Hatten's ; thence 
 on a strait course to Petit's place, and so on to a hill 
 called Paatquacktung ; thence in a strait line to the- 
 place of beginning ; which tract was reserved at the 
 sale, and marked out by Wauhaway, who is alive. 
 
 The Indians in general, claim their settlements near 
 Cranbury, on Menolapan river, in Falkner's tract, 
 whereon many of the Indians now live. 
 
 And also a few acres below the plantation of Robert 
 Pearsons, on the north side of Crosswicks creek. 
 
 Having 
 
446 
 
 The history 
 
 A. D. Having delivered these claims to the commissioners 
 
 the Indians present executed a power of attorney, ap- 
 pointing Torn Store, Moses Totami, Stephen Calvin, 
 Isaac Still, and John Pompshire, or the major part 
 of them, to transact all future business with the govern- 
 ment, respecting lands ; and then they released all 
 claims for themselves, and their heirs, to the proprie- 
 tors of the respective divisions, and the purchasers 
 under them, to all the lands in New- Jersey, not in- 
 cluded in the above list ; and to such of these likewise, 
 as could be proved to be conveyed by deed from the 
 Indian inhabitants, except the claims of the Minisink 
 and Pompton Indians, on the northern parts ; which 
 power was acknowledged by all the parties, before 
 John Imlay, Esq; one of the judges of Burlington 
 county, in order to be first recorded, and then delivered 
 to the Indian attornies. 
 
 Teedyescunk, the next day told the commissioners 
 that he was very well pleased with what was done, and 
 esteemed the methods concluded on to be just and 
 equitable ; and to this all the Indians gave their assent. 
 
 Thus things rested, till the latter part of the sum- 
 mer ; when governor Bernard procured, a treaty with 
 several of the back Indians, by means of the following 
 ^ message : 
 
 ' To Teedyescung, king of the Delaware Indians ; 
 ' by Moses Tetamy and Isaac Stille, messengers 
 ' deputed by me : Greeting.' 
 ' I was surprised, on my arrival here with his raa- 
 'jesty's royal commission as governor of this his pro- 
 
 * vince, to find that invasions have been lately made on 
 ' the inhabitants of this colony, and much blood shed 
 
 * by Indians, supposecl to be those of Minisink or 
 
 * Pompton, who have resided within this colony, and 
 ' have sometime since withdrawn themselves; and as I 
 
 have no knowledge of any reason thev, or any of 
 
 them 
 
Of NEW-JERSEY. 
 
 447 
 
 ' them, have, for being discontented, or offering vio- 
 
 * lence to the Inhabitants his majesty's colony under 
 ^ my government ; and no public cornplainte have 
 
 * been made by the Indians of Minisink or Pompton, 
 ^ formerly inhabitants of this colony, at any of the con- 
 
 ferences held between the commissioners of New- 
 ' Jersey, and the Indian inhabitants of the same ; to pre- 
 ' vent any further hostilities, I hereby send you this 
 ' power, to go to the Indians of Minisink and Pompton, 
 ' formerly inhabitants of this colony ; and in my name, 
 
 * to desire them to desist from hostilities, and kindly to 
 ' invite them to a conference with this colony ; and to 
 ' assure them they shall be received in the most friendly 
 ' manner, and every endeavour shall be used to esta- 
 
 blish and confirm a friendship between the subjects 
 ' of our great king George, our common father, and 
 " them, as a thing of the greatest use. You are to 
 ' enforce the natural affection between us and them, 
 ' and how much it is for their interest to be at peace 
 ' witli a people, who have the means of making them 
 
 * happy and easy, and have, by the blessing of pro- 
 ' vidence, provisions, and every necessary of life in 
 ' plenty, sufficient to supply their friends in distress. 
 
 ' As I have named a time, most convenient for 
 " them to be down here, it would give me pleasure 
 
 to see them then : But if unavoidable accidents 
 ' should put it out of their power to attend at that 
 'titae; I have left the time and place to themselves, 
 ' so that it be in my government ; and that they 
 ' come by Fort Aden, and enter New-Jersey, below 
 ' the falls at Trenton, and send an account of their 
 ' arrival, that I may appoint persons to receive and 
 ' conduct them to me. I prescribe this path, be- 
 ' cause the people above, who have lost their friends 
 ' and relations, are so inflamed, as to render it unsafe 
 ' for them to enter this colony above Trenton. 
 
 If you cannot go to the places of residence of 
 
 the Minisink and Pompton Indians, you are (or in 
 ^ cMse of your death or absence, that Moses Tetamy 
 
 and Isaac Still are) empowered to employ two good 
 
 and 
 
448 
 
 The history 
 
 A. D. < and faithful messengers, to find out the chief place 
 1758. < q£ ^Yie residence of these Indians, and to deliver to 
 ' them the message from me, with the belt and four 
 ' strings of wampum, and the safe conduct and flag 
 ' given you herewith ; and you are desired to report 
 . 'to me, your proceedings herein, with all convenient 
 'speed/ Given under my hand and seal at arms, 
 ' the 25th day of J une, in the thirty-second year of 
 * his majesty's reign. 
 
 (L. S.) 'By his excellency Francis Bernard, Esq; 
 
 ' captain general governor and com- 
 ' mander in chief of the colony of New- 
 ' Jersey, &c. 
 
 'Brethren, the Minisink, or Munsy Indians, and 
 ' those of Pompton : 
 
 ' It is with great pain I am to tell you, that some 
 ' Indians have invaded our province on the upper parts 
 ' of the Delaware, and shed much blood, and that 
 ' you are suspected to be concerned in it. A string. 
 Brethren, 
 
 ' If you have been instigated to this by the false 
 ' suggestions of our enemies, the French, we pity you ; 
 ' for these proceedings, if not immediately prevented, 
 ' must cause a discord between us, which though it 
 ' may be greatly hurtful to our people, must in the 
 ' end entirely ruin yours, A string, 
 
 ' Brethren, 
 
 ' The throne of the great king is founded on justice, 
 'and therefore if you had received any injury from 
 ' any of his people living within our province, you 
 ' should have made your complaints to me, who am 
 ' ordered to do justice to all men, and I would have 
 ' heard you with open ears, and given you full satis- 
 ' faction. A string. 
 
 ' Brethren, 
 
 ' If therefore you have any anger boiling in your 
 ' breasts, I, by this belt, invite you to Burlington, in 
 ' five weeks, at which time our great council will be 
 ' together ; there to unburthen your minds, and root 
 
 'out 
 
Of new-jersey. 
 
 44$ 
 
 ' out of your hearts the seeds of enmity, before they 
 ' take too deep a root. And I will kindle a council fire, 
 ' and bury all the blood, that has stain'd our ground, 
 ' deep in the earth, and make a new chain of peace, 
 ' that may bind us and our children, and you and your 
 ' children, in everlasting bonds of love, tiiat we may 
 ' live together as brethren, under the protection of the 
 ' great king, our common father. A belt. 
 
 ' Brethren, 
 
 ' If these words shall please yoa, and you should 
 ' choose that we should be yonr friends rather than your 
 ' enemies, let all hostilities immediately cease, and re- 
 ' ceive this passport, and go to fort Allen; from whence 
 'you shall be conducted to Bristol, where you will 
 'find deputies, who will take you by the hand and lead 
 ' you to me at Burlington : But if the time and place 
 ' I have mentioned, be inconvenient to you, I shall 
 'be ready to receive you in this government when you 
 ' can more agreeably to yourselves, attend. A string. 
 
 ' At a conference held at Burlington, on monday, 
 
 ' August 7, 1758. 
 
 PRESENT, 
 
 ' His excellency Francis Bernard, Esq ; gov^ernor. 
 
 'The honourable James Hude, Andrew Johnston, 
 ' Peter Kemble, Richard Saltar, Lewis M. Ashfield, 
 ' Samuel WoodruflP, esquires, of his majesty's council. 
 
 ' Charles Read, John Stevens, William Foster, 
 ' Esqrs, commissioners for Indian affairs. 
 
 ' Indians. Otawopass, or Benjamin, Coallins, or 
 ' Goatshank, messengers from the IVlinisink or Mnn.sey 
 ' Indians. Apewyet, or John Hudson, a Cayugan, 
 ' Samuel, a Delaware Indian, messengers from the 
 ' Mingoians. Taudakass, a Delaware Indian, who 
 'came with the Mnnsey Indians. 
 
 ' John Pumpshire, interpreter. Moses Totamy, 
 ' Stephen Calvin, assistants. 
 
 ' His excellency sat, holding four strings of wampum 
 ' in his hand, and spoke to them as follows : 
 
 2 F * Brethren 
 
450 
 
 The history 
 
 A. D. < Brethren, 
 
 1758 
 
 ' As you are corae from a long journey, through a 
 ' wood full of briars : with this string I anoint 
 ' your feet, and take away their soreness : With this 
 
 * string I wipe the sweat from your bodies : With this 
 ' string I cleanse your eyes, ears and mouth, that you 
 ' may see, hear and speak, clearly ; and I particularly 
 ' anoint your throat, that every word you say may have 
 ' a free passage from your heart : And with this string 
 ' I bid you heartily welcome.' 
 
 Then delivered all the four strings. 
 
 ' His excellency then informed them, that he should 
 
 * be ready to hear what they had to say, in answer to the 
 ' message he had sent to their chiefs, as soon as would 
 ' be convenient to them ; when they informed him, they 
 
 * would be ready in the afternoon : And thanked his 
 
 * excellency, for using the customs of their fathers, in 
 
 * bidding them welcome. 
 
 ' Monday afternoon. 
 
 PEESENT, 
 ' As in the morning. 
 * The Indians being informed, that the governor was 
 
 * ready to hear them, Benjamin, on behalf of the Mun- 
 
 * sey Indians, holding a belt in his hand, spoke sitting, 
 
 * not being allowed to stand till the Mingoian had spoke. 
 
 * Brother, 
 
 ' At first when your messengers came to us at Assinske, 
 ' twenty seven days since, our ancient people were glad 
 ' to hear them, and our young men, women and chil- 
 
 * dren rejoiced at the tidings. We know you are 
 ' great and strong, and we took it kindly. All our 
 
 * friends and relations were in sorrow, and pitied the 
 ' condition of the women and of the children, who are 
 ' growing up. The kind words of our brethren the 
 ' English, we sent to our uncles the Mingoians ; and 
 
 * one of them is come down here to the place of our 
 
 * meeting, to be a witness of what passes between us.' 
 
 Then 
 
Of new- jersey. 
 
 451 
 
 Then John Hudson, the Cayugan, abovementioned, 
 
 stood up, and spoke as follows : 
 Brother, 
 
 ' In confirmation of what has been said to you, I, 
 
 * who am the Mingoian, am, by this belt, to inform 
 
 * you, that the Munseys are women, and cannot hold 
 
 * treaties for themselves ; therefore I am sent to inform 
 
 * you, that the invitation you gave the Munseys, is 
 'agreeable to us; and we have taken hold of your 
 ' belt; and I desire you may write down my attending 
 
 * here ; tho' while I am here, I left my family in danger 
 
 * of being cut off by our enemies the French. 
 
 ' Further, brother, 
 ' I have told you your belt was agreeable, and 
 ' received by us as an earnest of your friendship : But 
 ' tho' we are glad of this opportunity of speaking with 
 
 * you, yet I am to inform you, that it is not agreeable 
 'to our chief men and counsellors, to have a new 
 'council- fire kindled, or the old one removed to this 
 ' side of the river, from Pennsylvania, where it hath 
 'always been kept burning; the reason is this, we 
 
 * know the strength of the water, and that when the 
 ' wind and tide is strong, it roars, that our people 
 'cannot hear: so that it is proper we should have the 
 ' council-fire on the other side of the river nearer to us. 
 
 ' Brother, 
 
 ' I think this is a good reason why it should be 
 
 * so: For, though we should speak loud, the distant 
 ' nations will not hear us, if the roaring waters are 
 ' between us and them. We therefore hope, as the 
 ' council-fire is kindled, and kept burning in the forks 
 ' of Delawai-e, by the desire of all our nations we shall 
 ' see our brother the governor there. 
 
 ' Brother, 
 
 ' We attend to the words we have heard from you : 
 ' You say you are a man of strength, and we believe 
 'you are. I am a man as well as you: I know of no 
 ' nation stronger than you ; and our chief men and old 
 ' councellers are willing to meet you at the forks of 
 
 * Delaware, and to confirm our alliance, and brighten 
 
 '''the 
 
452 The HISTORY 
 
 A. D. * the chain of friendship more clear than it has hereto- 
 1752. i £q^q been. This belt confirms luhat I have said. 
 
 He then delivered the governor a belt, on one side 
 of which are three figures of men in black wampum^ 
 representing the Shawanese, Delawares, and Mingoi- 
 ans, living on the Ohio ; on the other side, four figures 
 representing the united councils of the six nations, in 
 their own country: By their being now joined in this 
 belt, he declared it expressed their union. That 
 the western Indians liaviiig consulted their uncles, 
 now joined in sending it, in pursuance of a belt of 
 invitation sent them above a year since, by George 
 Croghan, on behalf of the English. 
 
 Then Benjamin, on behalf of the Munsies, stood 
 up, and saici, 
 ' Brother, 
 
 ' Our ancient people, and chief men, are glad to 
 
 * hear of the kind disposition of the English. We 
 ' believ^e you are wise and strong ; and for the good of 
 ' our wives and children, for whose protection we are 
 ' concerned, that they may have some good and lasting 
 
 * settlement made for tliem to the latest posterity, in 
 
 * order to obtain it, we should be glad of the opportu- 
 ' nity, to see all our brethren the English together. 
 
 * Our chief men, and old councellors, are making 
 ' re^idy to come to the council-fire, in order to settle 
 ' all matters which have been the cause of uneasiness 
 
 * between us. We believe your professions are sincere, 
 
 * and that you will agree upon what is most for the 
 'good of both you and us; and we shall be ready to 
 
 * be advised by you, as we think you are wise. We 
 ' are glad to have an opportunity of conversing with 
 ' you, without interruption, tho' the sun is low : But 
 ' we hope our and your ancient and wise men, Avill 
 ' have the happiness of consulting freely together, for 
 ' the good of one another, before it be dark ; and that 
 ' we shall meet one another with sincerity and truth, 
 ' as w^e expect the blessing from above to attend us 
 ' therein. ' And 
 
Of JSTEW-JEESEY. 
 
 463 
 
 * And I am directed to inform you, that the Indian 
 nations will be next full moon after this, at the forks 
 
 * of Delaware, and will send the governor word before 
 ' hand, of the particular day they will be there, and 
 ^ of their nations and numbers: And so you may make 
 ^ it known to whom yon think proper, that they may 
 ' be present at our meeting. 
 
 There are two nations besides the Munseys, parties 
 
 * to this message. 
 
 ' The Senecas, whose chief man is Tageeskata, and 
 
 * lives at Mahahensink. 
 
 ^ The Cavugas, whose chief man is Eshakanata. 
 ' The chief man of the Munsevs, is Eg-ohohoun. 
 
 'Tuesday, August 8, 1758. 
 PRESENT. 
 ' His excellency the governor ; the gentlemen of the 
 ' council ; the commissioners for Indian affairs ; the 
 ' Indians, and the interpreters ; as yesterday. 
 
 ' His excellency delivered the following answer to 
 ^ what the Indians said yesterday : 
 ' Brethren, 
 
 ' I am glad to hear, that our offers of peace and 
 
 * amity have been well received by your people, and 
 ^ that they are disposed to brighten the chain that here- 
 
 tofore had held us together, and to restore that bro- 
 ^ therhood that had for many years subsisted between us. 
 ' Of late a great darkness hath overshadowed the land, 
 ' but we hope, that the sun is up that will disperse the 
 ^ clouds that have hindred us from seeing one another, 
 
 * and make all our future days bright and pleasant. 
 
 ' W e agree with you, that it would be best for us all 
 ' to meet at the great-council-fire that is kindled on the 
 ^ forks of Delaware : It is on many accounts proper ; 
 ' and the particular circumstances of this province, 
 make it most agreeable to us. We differ from the 
 
 * neighbouring provinces in many things : We have 
 
 * bounds set to our people, beyond which they neither 
 ^can, nor desire to pass.; ithey are content witli the 
 
 ' cultivation 
 
 \ 
 
I 
 
 454 TheHI STORY 
 
 A. D. < cultivation of their lands, and seek not for extraor- 
 1758. t (^jnary gains, by following trade out of their own 
 
 * country. As we have had little intercourse with your 
 ' people, we can have little cause of contention with 
 
 * them : The encroachments of unbounded settlers, 
 *and the tricks of unfair traders, cannot be charged 
 
 * on us. All we have to do, is to offer your people our 
 'friendship; which, if you will sincerely and heartily 
 'accept of it, shall endure to you and your children, 
 
 * as long as the sun shall shine, or the river on whose 
 
 * banks we meet shall flow. 
 
 ' Brethren, 
 
 'I speak the words of justice and benevolence, and- 
 ' not of fear. It is well known to many of you, that 
 *as our people are industrious and hardy, they are also 
 'bold and resolute: If they are attacked, they give 
 ' shot for shot, and blow for blow. But we should be 
 'sorry that this their warlike spirit, should be turned 
 ' again you our antient friends and brethrn : No ; 
 ' let it be exerted against the French, who are the com- 
 ' mon enemies of us, of you, and of all people that 
 ' would be free and independent. 
 ' Brethren, 
 
 ' What I speak to you, I speak to those that sent 
 ' you ; and say to our brethren, that we are honest and 
 ' sincere in our professions to them ; and hope they will 
 ' be so in what they profess to us. But as we have been 
 ' struck, without having injured any one,, we shall ex- 
 
 * pect that they will give us a proof of their good inten- 
 ' tions towards us, by bringing with them all the 
 'prisoners that have been taken from us. Those 
 ' among you, who are husbands and fathers can best 
 ' tell what our people must feel, who have had their 
 ' wives and children torn from them. We also expect, 
 ' that until we shall all meet at the great council fire, 
 ' and these our mutual offers of peace and friendship 
 
 * shall be brought to maturity, by a solemn and publick 
 'treaty, you will not suffer your own people to commit 
 ' hostilities against us, nor any others to pass by you, 
 
 • * without giving us early notice,. to> prepare ourselves 
 'against them. Brethren^ 
 
Op new- JERSEY. 
 
 465. 
 
 ' Brethren, A. D. 
 
 * The great God, whom we serve, and who protects ^T^^- 
 ' us, and gives us all the blessings of life which we en- 
 *joy, hath commanded us to be just and benevolent to 
 'all mankind. We are desirous to be so; and if we 
 ' can be assured, that your people will live on terms of 
 ' friendship with us, the lowest person among you shall 
 
 * receive no hurt from our people, that we can prevent 
 
 * or redress. Of this I will give your people further 
 ' assurance, when we meet at the council fire : In the 
 
 * mean time, I confirm what I have said by these belts. 
 
 ' His excellencv then delivered one belt to John Hud- 
 
 * son, the Cayugan, and one to Benjamin, the Munsey. 
 
 The two foregoing treaties, opened the way for 
 another to be held the October following, at Easton, 
 in Pennsylvania; so much of this as concerns the 
 purchase of the Indian claims to the province of New- 
 Jersey, were as follow : 
 
 ' At a conference held at the town of Easton, on the 
 ' eighth day of October, 1758. 
 P E E S E N T. 
 
 ' The honourable William Denny, Esq ; lieut. governor. 
 
 ' Lawrence Growdon, William Logan, Richard 
 
 * Peters, Lynford Lardner, Benjamin Chew, John 
 ' Mifflin, esquires, members of the governor's council. 
 
 ' Isaac Norris, Joseph Fox, Joseph Galloway, John 
 
 * Hughes, Daniel Roberdeau, Amos Strickland, esqrs. 
 ' committee of the house of representatives. 
 
 ' Charles Read, Jacob Spicer, esquires, commis- 
 ' sionors for Indian affairs, in the prov^ince of New- 
 
 * J ersey. 
 
 ' A number of magistrates and freeholders of this 
 
 * and the neighbouring province, and of the citizens of 
 ' the city of Philadelphia, chiefly of the people called 
 
 * Quakers. 
 
 ' George Croghan, esquire, deputy agent for Indian 
 
 * affairs under Sir William Johnson. 
 
 ' Indians 
 
456 
 
 The history 
 
 A. D. 
 
 1758. 
 
 Indians of several nations, viz. 
 
 * Mohawks : Niehas, or Karaghtadie, with one 
 ' woman and two boys. In all 4 
 
 ' Senecas : Tagashata, alias Takeaghsodo, alias 
 Sigachsadon, chief man, with 7 other chiefs, 37 
 other men, 28 women and children. In all 83 
 
 ' Onondagas : Assaradonguas, with 9 men, 9 
 women and children. In all 19 
 
 ' Oneidos : Segnghsonyout, alias Thomas King, 
 Anagaraghiry, Assany quou, with 3 warrior cap- 
 tains, 6 warriors, and 33 women and children. 45 
 
 ' Cayugas : Tokaaio, with 8 men, 11 women 
 and children. 20 
 
 ' Tuscaroras : Nichaquantaquoah, alias Jona- 
 than with 5 men, 12 women, and 2 children. 20 
 
 ' Nanticokes : Robert White, alias Wolahocu- 
 my, Pashdomokas, alias Charles, with 16 men, 
 20 women, and 18 chiklren. 56 
 
 ' Conoys : Kanakt, alias Last Night, with 9 
 men, 10 women, and 1 child. 21 
 
 Tutelos : Cakanonekoanos, alias Big Arm, 
 Asswagarat, with 6 men and 3 women. 11 
 
 ' Chogknots : Ten men, 20 women and children. 30 
 
 ' Chihohockies : alias Delawares, and Unamies : 
 Teedynscung, with divers men, women and 
 children. 60 
 
 ' Muosies or Minisinks : Egotchowen, with 
 sundry men, women and children. 35 
 
 ' Mawhickons : Abraham, or Mammatuckan, 
 with several men, women, and children. 66 
 
 ' Wawpings or Pomptons : Niniham, Aquay- 
 wochtu, Math sundry men, women, and children. 47 
 
 In all 607 
 
 ' Conrad Weiser, Esq ; provincial Interpreter. 
 ' Captain Henry Montour, interpreter in Six Nation 
 ' and Delaware languages. 
 
 ' Stephen Calvin, Isaac Stille, Moses Tetaray, De- 
 * laware Indians, interpreters in the Delaware lan- 
 ' guage. At 
 
Of new-jersey. 
 
 457 
 
 * At a conference held at Easton with the Indians, on A. D. 
 
 'the 11th of October, 1758. P. M. 
 PEESENT. 
 
 ' Governor Denny, with his conncil, and the several 
 ' Pennsylvania gentlemen, as before. 
 
 ' The Indians, &c. as before. 
 ' His excellency Francis Bernard, Esq ; captain general 
 ' and governor in chief of his majesty's province of 
 ' New-Jersey. 
 
 ' The honourable Andrew Johnston, Charles Read, 
 'John Stevens, Jacob Spicer, William Foster, Esqrs, 
 ' commissioners of New-Jersey, for Indian affairs. 
 
 ' Tagashata, the Seneca chief, intending to speak 
 ' first, on behalf of the Indians, had laid some belts 
 ' and strings in order on the table. 
 
 ' As soon as the company sat down, Teedyuscnng 
 ' holding out a string, said he had something to deliver, 
 
 * and desired he might be heard first of all. Mr. Crog- 
 ' han requested to know, if what he was going to say 
 ' was the result of the Delaware council, and if it was 
 ' their desire it should be spoke first ; but no answer was 
 ' given him as to this. 
 
 ' Governor Bernard signifying his desire to bid the 
 ' Indians welcome, and just mention to them the busi- 
 ' ness he came upon, it was agreed he should speak first ; 
 ' which he did as follows. 
 ' Brethren, 
 
 ' I AM glad to see so many of you met together, to 
 
 * cultivate peace with your brethren and old friends the 
 ' English. I heartily bid you welcome, and with that 
 ' the good work for which you are now assembled, 
 ' may prosper in your hands, and have that success, 
 ' which your wise men, and all that wish you well, 
 
 * must desire as a thing much to your advantage. 
 
 ' The situation of the province over which I preside, 
 ' and the disposition of its people, have hitherto 
 ^ afforded very little occasion for treaties with the 
 
 neighbouring 
 
458 
 
 The history 
 
 A. D. 'neighbouring Indians; but having some months ago 
 1758. <sent a message to the Minisinks, I received a message 
 
 * from our brethren the Senecas and Cayagas, wherein 
 
 * they take upon them to answer my message to the 
 ' Minisinks, and desire that I would meet them at the 
 
 * council fire burning at this phice. 
 
 ' It is not usual for the king's governors to go out 
 
 * of their provinces to attend treaties; .but I am glad 
 ' to have an opportunity of shewing my good dispo- 
 ' sition to establish peace and friendship with my neigh- 
 
 * hours, and therefore I have waved all form, and am 
 
 * come here according to tlie invitation I received at 
 
 * Burlington. 
 
 ' To you, therefore, pur brethren the Senecas and 
 
 * Cayugas, and your nephews the Minisiidcs, I now 
 
 * speak, and desire that you would take into your most 
 
 * serious consideration, my message to the Minisinks, 
 
 * your message to me, and my answer thereto, and let 
 
 * me know what we are to expect from you. 
 
 ' What is past we are willing to forget ; but I must 
 
 * remind you, that if you are disposed to be our friends 
 
 * for the future, you should give us that proof of your 
 
 * sincerity, which I have desired in my answer to your 
 
 * message, and return us the captives that have been 
 
 * taken out of our province, and are now within your 
 
 * power : This should be one of the first steps, and will 
 
 * be the best that can be taken towards restoring and 
 
 * confirming that brotherly love and friendship between 
 
 * us ; which, I am convinced, will be for the mutual 
 
 * benefit of all parties.' 
 
 ' This was interpreted in the six nations language, 
 
 * by mr. Weiser, and in the Delaware, by mr. Stephen 
 
 * Calvin, the Indian school-master in West-Jersey. 
 
 ' Then Teedyuscung spoke, 
 ' Brethren, 
 
 ' I desire all of you who are present will give ear to 
 
 * me. As you, my brethren, desired me to call all 
 
 * the nations who live back ; I have done so. Now if 
 
 * you have any thing to say to them, or they to you, 
 ' you must sit and talk together. ' Brethren, 
 
Of NEW-JERSEY. 
 
 459 
 
 ' Brethren, 
 
 'I sit by, only to hear and see what you say to one 
 ' another : for I have said what I have to say, to the go- 
 ' vernor of Pensylvannia, who sits here ; he knows what 
 ' has jiassed between us. I have made known to him 
 ' the reasons why I struck him. Now I and the go- 
 ' vernor have made up these differences between him 
 ' and me ; and I think we have done it as far as we 
 
 * can for our future peace.' A string. 
 
 The above speech was interpreted in the six nation 
 
 language. 
 
 Tagashata then rose up, and spoke, 
 
 ' Brethren^ the governors, and your councils, 
 ' It has pleased the most high, that we meet together 
 
 * here with chearful countenances, and a good deal of 
 ' satisfaction : And as publick business requires great 
 
 * consideration, and the day is almost spent, I choose to 
 
 * speak early to morrow morning.' 
 
 The governors answered, that they should be glad 
 to give all the dispatch possible to this good work they 
 were engaged in, and desired the chiefs would fix the 
 time of meeting ; but they declined it, saying, ' They 
 were unacquainted with hours, but would give notice 
 when they were ready.' 
 
 * At a conference held at Easton, on the 12th of 
 
 'October, 1758. 
 P E E S E N T. 
 
 * The governors ; the gentlemen of their councils, and 
 
 ' others, as before. 
 
 ' Tagashata, the Seneca chief, taking the strings and 
 ' belt of wampum, which governor Bernard gave yester- 
 ' day, repeated according to the Indian custom, the 
 
 * particulars of his speech, and then added, 
 
 ' Brethren, 
 
 ' We approve of every article mentioned to us yes- 
 
 * terday, by the governor of Jersey ; all that he said is 
 
 * very good : We look upon his message to us, as a 
 
 ' commission 
 
4«0 
 
 The history 
 
 A. D. ^commission and request from him, that we should 
 ' * bring matters to a good conclusion with our cousins 
 
 * the Minisinks. They themselves sent for us to do 
 
 * the same thing, on their behalf ; and at their request 
 
 * we came here, have taken it in hand, and will use 
 ' our utmost endeavours to bring about the good work 
 
 * which governor Bernard desires, and do not doubt 
 
 * but it will be done to his entire satisfaction. 
 
 ' Brethren, 
 
 ' I now speak at the request of Teedyuscung, and 
 ' our nephews the Dela wares, living at Wyomink, and 
 ' on the waters of the river Susquehannah. 
 ' Brethren, 
 
 * We now remove the hatchets out of your heads, 
 ' that was struck into it by our cousins the Dela wares : 
 ' It was a French hatchet that they unfortunately made 
 ^ use of, by the instigation of the French : We take it 
 ' out of your heads, and bury it under ground, where 
 ' it shall always rest and never be taken up again. Our 
 
 * cousins the Delawares, have assured us, they will 
 
 * never think of war against their Brethren the English 
 
 * any more, but employ their thoughts about peace, 
 
 * and cultivating friendship with them, and never suffer 
 ^ enmity against them to enter into their minds again. 
 
 * The Delawares desired us to say this for them by 
 ' this belt. A heli. 
 
 ' Brethren, 
 
 ' Our nephews the Minisink Indians and three other 
 
 * different tribes of that nation, have, at last, listened 
 / to us, and taken our advice, and laid down the 
 ' hatchet they had taken up against their brethren the 
 ' English. They told us they had received it from the 
 ' French, but had already laid it down, and would 
 
 * return it to them again. 
 
 ' They assured us, they would never use it any more 
 
 * against you, but would follow our advice ; and en- 
 
 * treated us to use our utmost endeavours to reconcile 
 
 * them to you their brethren, declaring they were 
 
 * very sorry for what they had done, and desired it 
 ' might be forgotten, and they would forever cultivate 
 
 'a 
 
Of new- jersey. 
 
 461 
 
 ' a good friendship with you. These declarations were 
 ' made by the principal warriors of four tribes of the 
 ' Minisink Indians, at giving us this belt. A belt. 
 
 Then taking eight strings of black wampum, he 
 proceeded ; 
 
 ' Brethren, 
 
 ' We let you know, that we have not only brought. 
 ^ about this union with our nephews on the waters of 
 ' the river Susquehannah, but we also have sent messages 
 ' to our nephews the Delawares and Minisinks, and to 
 ' those likewise of our own nations who are on the Ohio, 
 ' under the influence of the French. We have told all 
 ' those, that they must lay down the French /hatchet,, 
 'and be reconciled to their brethren the English, and 
 ' never more employ it against them. And we hope 
 ' they will take our advice. We the Mohawks, 
 ' Senecas, and Onondagas, deliver this string of 
 ' wampum, to remove the hatchet out of your heads, 
 ' that has been struck into them by the Ohio Indians 
 ' in order to lay a foundation for peace. 
 
 Eight strings of black wampum. 
 
 Tagashata sat down, and then the Cayuga chief^ 
 Tokaaio, arose, and said. 
 Brethren, 
 
 ' I speak in behalf of the younger nations, part of,. 
 ' and confederated with the Six Nations, viz. the 
 ' Cayugas, Oneidas, Tuscaroras, Tutaloes, Nanti- 
 ' cokes, and Conoys. 
 
 ' A road lias been made from our country to this 
 'council fire, that we might treat about friendship; 
 ' and as we came down the road, we saw, that by some 
 ' misfortune or other, blood has lately been spilt on it. 
 ' By these strings we make the road wider and clearer 
 ' w(i tai^e the blood away out of it, and likewise out of 
 ' the council chamber, which may have been stained ; 
 
 * we wasli it all away, and desire it may not be seen any 
 
 * more ; and we take the hatchet out of your heads. 
 
 Gave three strings. 
 '■ Brethren^ 
 
462 
 
 The history 
 
 A. D. ■< Brethren, the governors, and all the English, 
 
 1758. .( J j^Q^ confine myself to the Cayugas, my own 
 ' nation. 
 
 ' I will hide nothing from you, because we have 
 ' promised to speak to each other from the bottom of 
 ' our hearts. 
 
 ' The French, like a thief in the night, have stolen 
 ' away some of our young men, and misled them ; and 
 ' they have been concerned in doing mischief against 
 ' our brethren the English. 
 
 ' We did not know it when it happened, but we 
 ' discovered it since. The chiefs of our nation held 
 ■' their young men fast, and would not suffer them to 
 ' go out of their sight; but the French came and stole 
 'them away from us, and corrupted them to do mis- 
 ■' chief : We are sorry for it; we ask pardon for them, 
 ' and hope you will forgive them : We promise they 
 ' shall do so no more : And now, by this belt, we take 
 ' out of your heads the hatchet with which they struck 
 ■' you.' A belt of ten rows. 
 
 He added, he had found out, ' That some of their 
 ' young men had been concerned in striking the English 
 •' .four times. 
 
 ' At a conference with the Indians, on the 16th of 
 ' October, 1758. 
 PEESENT. 
 '' The governors and gentlemen of their council, &c. 
 ' Governor Bernard spoke, 
 
 ' Brethren of all the confederated nations, 
 ' As you proposed your questions concerning Tee- 
 ■' dyuscung separately, I think proper to give you a 
 ' separate ans^ver thereto 
 
 ' I know not who made Teedyuscung so great a 
 ' man ; nor do I know that he is any greater than a 
 ' chief of the Delaware Indians settled at Wyomink, 
 ' The title of king could not be given him by an Eng- 
 ' lish governor ; for we know very well, that there is no 
 "'such person among the Indians, as' what we call a 
 
 ' king. 
 
Of NEW-JERSEY. 
 
 463 
 
 * king;. And if we call him so, we mean no more than A. D. 
 'a sachem, or chief. I observe in his treaties which ^'oa. 
 ^ he has held with the governor of Pennsylvania, 
 
 ^ [which I have perused since our last meeting] that he 
 ' says he was a woman, till you made him a man, by 
 ' putting a tomhawk into his hand ; and through all of 
 ' those treaties, especially in the last, held at this town, 
 ' he calls you his uncles, and professes that he is tlepen- 
 ' dent on you ; and I know not that any thing has since 
 ' happened to alter his relation to you. I therefore 
 ' consider him still to be your nephew. 
 ' Brethren, 
 
 I am obliged to you for your kind promises, to re- 
 
 * turn the captives which have been taken from us. I 
 ' hope you mmU not only do so, but will also engage such 
 ' of our allies and nephews, as have taken captives 
 ^ from us, to do the same. That you may be mindful 
 ' of this, I give you this belt. A belt. 
 
 After the governor had done speaking, and their 
 
 answers were interpreted in the united nations and 
 
 Delaware languages, the Indian chiefs were asked, if they 
 
 had any thing more to say. On which Tagashata 
 
 arose, and made a speech to his cousins the Delaware and 
 
 Minisink Indians, directing his discourse to Teedy- 
 
 uscung. 
 
 ' Nephews, 
 
 ' You may remember all that passed at this council- 
 , ^ fi)'e. The governors who sit there have put you in 
 ^ mind of what was agreed upon last year : They both 
 ' put you in mind of this promise, and desire you will 
 ^ perform it: You have promised it, and must perform 
 ' it. We your uncles promised to return the prisoners. 
 ^ We your uncles, have promised to return all the 
 ^ English prisoners among us, and therefore we expect 
 ' that you our cousins and nephews will do the same. 
 
 * As soon as you come home, we desire that you will 
 'search carefully in your towns for all the prisoners 
 
 * among you that have been taken out of every province, 
 /and cause them to be delivered up to your brethren. 
 
 ' You 
 
464 
 
 The history 
 
 A. D. 
 
 1758. 
 
 * Yon know that the is an article of this peace that was- 
 ' made between you and your brethren : In confirm- 
 
 * ation of whicih you received a large peace belt ; of 
 ' which belt we desire you will give an account, and 
 ' let us know what is become of it, and how far you 
 
 * have proceeded in it. belt. 
 
 ' After this was interpreted in the Delaware language, 
 ' it was observed, that there were no Minisink Indians 
 ' present ; the governors therefore desired, that mr. 
 ' Peters and mr. Read would procure a meeting of the 
 
 * chiefs of the united nations, Delawares and Minisinks,. 
 
 * and cause the speech of Tagashata to be interpreted to- 
 
 * the Minisinks in presence of their uncles. 
 
 Robert White, the Nanticoke chief, arose and said,, 
 he was going to speak in behalf of seven nations, and 
 directing his discourse to the governors, he delivered 
 himself in the English language as follows, 
 ' Brethren, 
 
 ' It is now more than two years since we heard of 
 our cousins the Delawares taking up the hatchet 
 against the English. At the first. Sir William John- 
 ston sent a message to the head nations, and when 
 they received it, they sent to us at Otsaningo ; telling 
 us, that as we lived close by our cousins, they desired 
 we would invite them to meet at our town, and accord- 
 ingly we invited them, and they came to a great 
 meeting at our town of Otsaningo. We then gave our 
 cousins a belt of a fathom long, and twenty five rows- 
 in breadth, and desired them to lay down the hatchet 
 that they had taken np against the English, and to 
 be easy with them : And if they would follow this 
 advice, we told them, that they would live in peace,, 
 until their heads were white with age; otherwise, it 
 might not be so with them. 
 
 ' Not hearing from our cousins for some time what 
 they did in consequence of this belt, we sent to them' 
 two other belts, one of sixteen and the other of twelve 
 rows, desiring them ©nee more to. be easy with their 
 
 * brethren 
 
Of new-jersey. 
 
 465 
 
 *bretliren the English, and not to strike them any 
 
 * more : But still we heard nothing from them ; indeed 
 ' sometime afterwards we understood the Delawares 
 'should say, that the Indians at Otsaningo, had grey 
 ' eyes, and were like the English, and should be served 
 ' as Englishmen ; and we thought we should have hdd 
 ' the hatchet struck into our heads. We now want to 
 ' know what is become of these belts ; may be they 
 
 * may be under ground, or they may have s^vallowed 
 
 * them down their throats. 
 
 ' Brethren, 
 
 ' As our cousins have been loth to give any answer 
 ' to these belts, we now desire they may let us know, 
 ' in public conference, what they have done with 
 ' them. A string. 
 
 17th October, 1758. 
 
 ' The Indians M^ere in council all day ; and acquain- 
 
 * ted the governors, that they could not be ready to 
 
 * meet before morning. 
 
 * At a conference held at Easton the 18th October, 
 
 ' 1758. 
 
 P E E S E N T . 
 
 * The governors, council, gentlemen and Indians, 
 
 ' with the interpreters : As aforesaid. 
 
 ' Mr. Peters and mr. Read acquainted the gover- 
 
 * nors, That at a meeting of the chiefs of the older 
 ' and younger nations, with the several tribes of the 
 'Delaware and Minisink Indians, on Monday night, 
 ' the speech of Tagashata, delivered that morning in 
 'the publick conference, respecting the giving up the 
 ' prisoners, was interpreted in the Delaware language 
 ' by Stephen Calvin ; and another belt, on the part of 
 ' the governors, being joined to Tagashata's belt, 
 ' they were both delivered to the Delaware and Mini- 
 ' sink chiefs, to enforce the subject matter. When this 
 ' was done, Tagashata spoke to the Minisink chief 
 ' Egotchowen, saying, we were told by you, that you 
 ' had • delivered up the English prisoners, and we be- 
 ' lieved you ; but our brethren have told us, that they 
 
 2 G ' were 
 
The history 
 
 ' were not delivered up, and therefore we earnestly 
 ' desire that they may be made easy on this article. You 
 ' know, cousins, that their hearts will always be in 
 
 * grief, till they see again their flesh and blood : It is 
 
 * natural that they should be so : It would be so with 
 'us, if it was our case. We desire you will be ex- 
 ' tremely careful to perform this matter fully and soon. 
 ' let there be perfect peace all over the English country. 
 ' And let it now be published, that we may all live in 
 'peace, and with satisfaction, now and for ever. I 
 ' told you, Egotcliowen, when you was in my town, 
 ' to bring with you the English prisoners, and that our 
 / brethren would expect it. I wish you had done it. 
 ' But however, do it now with all speed, and it will 
 ' be well. 
 
 ' That Egotchowen answered. It is true, ' I was at 
 ' my uncles fire, and I believe he desired me to bring 
 ' the prisoners down ; but I suppose it was not inter- 
 ' preted to me ; for I did not understand it clearly ; but 
 ' I now understand it. 
 
 ' That the Minisink and Delaware Indians were 
 ' desired to collect all their warriors together, and give 
 ' them their belts, and receive from them their answer, 
 ' it being necessary they should concur heartily in 
 ' whatever should be concluded. 
 
 ' Then Niclias, the Mohawk chief acquainted the 
 ' governors, ' That, as councellors, they had finished, 
 ' having nothing to propose at this present meeting. 
 
 * The warriors were to speak now, and Thomas King 
 ' was appointed to deliver their words ; who thereupon 
 ' arose, and began, " with an exhortation as well to 
 ' all concerned in publick alfairs, governors and their 
 'councils, and Indian chiefs and their councils, as to 
 ' the warriors of all nations, white people and Indians, 
 ' desiring all present to attend carefully to what was 
 ' going to be related, as matters of great consequence, 
 ' which would serve to regulate the conduct of the 
 ' English and Indians to each other. He added, that 
 ' the relation going to be made had taken a great deal 
 ' of trouble to put it into order, and it was made on 
 
 ' information 
 
Of new-jersey. 
 
 :467 
 
 '* information given by the several nations now present, A. T>. 
 
 * who were acquainted with the facts. 
 
 ^ Brethren, 
 
 *' We, the warriors, have waited some time, in 
 
 * hopes our councellors would have taken this matter 
 
 * in hand ; but as they liave not done it, we have, at 
 'their desire, undertaken it, and they have approved of 
 ' every thing. I say, the councellors of the five 
 
 * younger nations, as well as the three older nations, 
 ' have approved of what the warriors are going to 
 
 * relate ; and take notice, that the speech is not only 
 the speech of all the warriors of the elder and younger 
 
 ' nations, but of our cousins the Delawares and Mi- 
 
 * nisinks. 
 
 ' This was interpreted in the Delaware language ; 
 'and Thomas King then proceeded, directing his 
 
 * speech to the governors, and all the English upon 
 ' the continent. 
 
 Brethren, / 
 ' You have been mquisitive to know the cause of 
 'this war: You have often inquired among us, but 
 ' perhaps you did not find out the true cause of the 
 
 * bitterness of our hearts, and may charge us wrong- 
 
 * fully, and thiidv that you were struck without a cause 
 by some of our own warriors, and by our cousins. 
 
 ■' But if you look a little about you, you will find, 
 '' that you gave the first offence. For in time of pro- 
 ' found peace, some of the Shawanese, passing thro' 
 ' South-Carolina, to go to war with their enemies, were 
 
 * tiiken up and put into prison. The English knew they 
 ' were going to war, and that they used to do it every 
 ' year : And yet, after they had persuaded them in a 
 
 * friendly way into their houses, they were taken U{) and 
 
 * put into prison ; and one who was a head maq of that 
 nation lost his life, and the others were severely used. 
 
 ■' This first raised ill-will in the minds of the Shawanese, 
 iand as the French came a little after this happened to 
 'settle on the Ohio, the Shawanese complained of it 
 ' to them, and they made an artful use of it, set them 
 
 ' against 
 
468 
 
 The history 
 
 A.D. *a;^ainst the English, and gave them the hatchet. 
 1768. < Being resolved on revenge, they accepted it, and 
 ' likewise s})oke to their grand-fathers tlie Delawares, 
 
 * saying, grand-fathers, are not your hearts sore at 
 ' our being used so ill, and at the loss of one of our 
 
 * chiefs? Will you not join us in revenging his death? 
 
 * So by degrees our young men were brought over to 
 *act against you. On searching matters to the bottom, 
 *you will find, that you in this manner, gave the first 
 
 * offence. This we thought proper to let you know : 
 
 * It may be of service tor the future. You may be 
 
 * induced by this, to take better care in conducting 
 *your council-business, so as to guard against these 
 ' breaches of friendship ; or as soon as they ha})j)en, 
 ' \n corresponding immediately with one another, and 
 'with the Indian nations, who are in any wise concer- 
 ' ned on such occasion. 
 
 Eight strings of black wampum. 
 
 ' Brethren, 
 
 ' This was the case of the Shawanese that I have.just 
 ' now releated. Another of the like nature has since 
 
 * happened to the Senecas, who have suffered in the 
 ' same manner. 
 
 'About three years ago, eight Seneca warriors were 
 
 * returning from war through Virginia, having seven 
 
 * prisoners and scalps with them. At a place called 
 'Green Briar, they met with a party of Soldiers, not 
 Mess than one hundred and fifty, who kindly invited 
 ' them to come to a certain store, and said they woidd 
 
 * supply them with provisions : And accordingly they 
 'travelled two days wnth them, in a friendly manner; 
 ' and when they came to the house, they took their 
 'arms from the Senecas: The head man cried out, 
 " Here is death, defend yourselves as well as you can ; ' 
 ' whicti they did, and two of them were killed on the 
 ' spot ; and one, a young boy, was taken prisoner. 
 ' This gave great offence, and the more so, as it was 
 ' upon their warriors road, and we were in jierfect peace 
 ' with our brethren. It provoked us to such a degree, 
 
 * that we could not get over it. 
 
 ' Brethren, 
 
Of new-jersey. 
 
 * Brethren, 
 
 * You have justly demanded your prisoners; it is 
 ^ right; and we have given you an answer: And there- 
 fore, as we think this young boy is alive, and some- 
 where among you, we desire you will enquire for him. 
 If he be alive, return him ; if you have swalh)w'd 
 him down your throats, which perhaps may be the 
 case, let us know it, and we will be content. His 
 name is Squissatego. Six strings of white wampum. 
 ' Brethren, 
 
 ' We have one word more to mention of the same 
 nature, and which was the very cause why the Indians 
 at Ohio left you. 
 ' Brethren, 
 
 ' When we first heard of the French coming to Ohio, 
 we immediately sent word to the governors of Vir- 
 ginia and Pennsylvania; we desired them to come, 
 and likewise to supply us with such things as were 
 proper for war, intending to defend our lands, and 
 hinder the French from taking the possession of them : 
 But these governors did not attend to our message; 
 perhaps they thought there was no foundation for 
 our intelligence. The French, however came, and 
 become our neig-hbours : and vou neither coming 
 yourselves, nor assisting us with warlike stores, our 
 people of necessity were obliged to trade with them, 
 for what we wanted, as your traders had left the 
 country. The governor of Virginia took care to 
 settle on our lands for his own benefit ; but when we 
 wanted his assistance against the French, he disre- 
 garded us. A belt. 
 ' Brethren, 
 
 ' At this treaty you justly demanded to see your 
 
 * flesh and blood. We hav^e pressed this on our cou- 
 
 * sins the Minisinks; and they by this string, desired 
 
 * us to assure you, the governors, that they would 
 
 * make strict search in their towns, and sincerely com- 
 
 * ply with your request, and return all the prisoners iu 
 
 * their power. 
 
 Tioo strings of black and white wampum. 
 
 Then 
 
The history 
 
 ' Then directing his discourse to the governor of' 
 
 * Jersey, he proceeded, 
 
 Brother, the governor of Jersey. 
 ' Our cousins the Minisinks, tell us, they were 
 
 * wronged out of a great deal of land, and the jSnglish 
 
 * settling so fast, they were pufihed back, and could 
 ' not tell what lands belonged to them. They say, if 
 ' we have been drunk, tell us so : We may have forgot 
 
 * what we sold ; but we trust to you the governor of 
 ' Jersey, to take our cause in hand, and see that 
 
 * we have justice done us. We say, that we have here 
 ' and there tracts of land, that have never been sold. 
 
 * You deal hardly with us ; you claim all the wild crea- 
 ' tures, and will not let us come on your land to hunt 
 
 * after them. You will not so much as let us peel a 
 
 * single tree : This is hard, and has given us great 
 
 * offence. The cattle you raise are your own, but 
 
 ' those which are wild, are still ours, or should be com- • 
 *monto both; for when we sold the land, we did not 
 
 * propose to deprive ourselves of hunting the wild deer, 
 
 * or using a stick of wood when we should have occa- 
 ' sion. We desire the governor to take this matter 
 
 * into his care,- and see that justice be done in it. 
 
 Two strings of white wampum. 
 
 On the 19th October, 1758. 
 
 * At a private conference with the Indians, held at 
 
 ' Easton. 
 PRESENT. 
 
 * His excellency governor Bernard. 
 
 * The commissioners of New-Jersey, 
 
 * The chiefs of the United Nations, and of the Mini- 
 
 ' sinks and Wapings. 
 ' George Croghan, Esq ; captain Henry Mountour 
 ' and Stephen Calvin. 
 
 ' His excellency reciting the request of the United 
 'Nations to him, to do justice to their nephews the 
 ' Minisinks, concerning their claim to lands in New-^ 
 
 * Jersey, said, he would make diligent enquiry, what 
 
 * lands were remaining unsold by them: But as that 
 
 would 
 
Op new-jersey. 
 
 471 
 
 * would be a work of time and expence, he wished 
 
 * that some means could be found to give them satisfac- 
 
 * tion at this meeting. The people of New-Jersey 
 
 * said, they had bought all, or the greatest part of the 
 ' Minisink lands; and the Minisinks said they had a 
 
 * great deal of land unsold. He could not tell who 
 ' was in the right ; but would suppose there were some 
 ' lands unsold : A nd upon that supposition would give 
 ' them some money by way of consideration for them, 
 
 * if they would propose a reasonable sura ; and desired 
 ' they would advise about it, and give an answer. 
 
 ' The united nations said, it was a very kind propo- 
 
 * sal, and recommended it to the consideration of the 
 ' Minisinks. 
 
 ' At a private conference with the Indians, held at 
 Easton, the 21st of October, 1758. 
 
 PRESENT. 
 
 ' His excellency governor Bernard, 
 ' and the Jersey commissioners. 
 
 ' Thomas King, chief of the Oneidas. Tagashata, 
 
 * chief of the Senecas. Taka, aio, chief of the Cayu- 
 
 * gas. Egohohowen, chief of the Minisinks. Aquay- 
 ' wochtu, chief or the Wapings. With other Indians 
 
 * of the several nations. 
 
 ' George Crochan, esq ; deputy to sir William 
 
 * Johnson ; captain Henry Montour, his majesty's 
 ' interpreter to the United Nations ; mr. Stephen Cal- 
 ' vin, interpreter of the Delaware and Minisink 
 
 * languages. 
 
 ' His excellency informed them, that he met them 
 ' to agree about a consideration for the uncertain claims 
 
 * of the Minisinks, Wapings and other Indians, 
 ' claimants of land in the northern parts of the province 
 ' of New-Jersey, and desired that it might be con- 
 
 * sidered, that they knew not what they sold, and he 
 
 * knew not what he bought ; therefore the price ought 
 
 * not to be large. 
 
 ' That 
 
 A.D. 
 
 1767. 
 
The history 
 
 * That thej might propose a sum to him, or he 
 
 * would make an offer to them ; or it should be left to 
 
 * their uncles to consider of a price, as would please 
 
 * them best. 
 
 ' The united nations, hy Thomas King, said, that 
 ' they had no claim to the lands of the Minisinks, or 
 ' others their nephews, on the east side of Delaware, 
 'and should therefore leave the fixing a price to them. 
 
 ' Then the Minisinks and Wapings withdrew to 
 'consult about it; and being returned, Egohohowen, 
 ' the Minisink chief, said, that they would choose the 
 
 * governor should make an offer, as they might per- 
 
 * haps demand too much. 
 
 ' His excellency having consulted the commissioners, 
 ' oflFered thera eight hundred Spanish dollars for their 
 ' claim in New- Jersey, as an extraordinary price. 
 
 ' Th6 Minisinks said, they should be glad of the • 
 'opinion of their uncles in the matter. 
 
 ' The United Nations, by Thomas King, said, it 
 
 * was a fair and honourable offer, and that, if it was 
 ' their own case, they would chearfully accept of it : 
 ' But as there were a great many persons to share in the 
 ' purchfise money, they recommended it to his excel- 
 ' lency, to add two hundred dollars more; and, if that 
 ' was complied with, the report of it would be carried 
 ' to all the nations, and would be a great proof of the 
 ' affection and generosity of their brethren the English, 
 
 * on this occasion, and would be very agreeable to 
 ' them. 
 
 ' His excellency desired to know of the Minisinks, 
 ' and other claimants, if they approved of the proposal 
 ' of their uncles ; and they informed him, that they 
 ' did. 
 
 ' The governor after consulting the commissioners, 
 'said, it was more than he had intended to give; but 
 ' as the United Nations had given themselves the 
 
 * trouble of being mediators between them, he could 
 'not refuse their recommendations, and was glad of 
 ' the opportunity he had of shewing his regard to the 
 
 ' United 
 
Of new-jersey. 
 
 * United Nations, and his benevolence to the Mi nisink A. D. 
 ^ and other Indians, who had resided in tlie province 1758. 
 
 * where he presided ; and therefore complied with their 
 
 * reqnest. 
 
 ' His excellency then desired them to remember, 
 ' that this consideration money, was to be in full for 
 
 * the claims of all the Minisink and Waping Indians, 
 
 * and all others who claim any lands, in a map, which 
 ^ was laid before them at the same time, which included 
 ^all the lands from the line between the provinces of 
 ^ New- York and New-Jersey, and down Hudson's 
 ^ river, to the mouth of Rariton up the same to Alame- 
 
 * tung Falls, on the north branch of Kariton river, 
 ' thence on a streight line to Paoqualin Mountain, 
 
 * where it joins on Delaware river, and thence up the 
 
 * Delaware to Cushytunk ; and recommended it to them 
 
 * to have respect to this in the division of the considera- 
 
 * tion money. 
 
 ' Then Tagashata, the Seneca chief, arose, and 
 ' addressing himself to the Minisinks and other Indian 
 ^ claimants, spoke as follows. 
 
 ' My nephews, 
 ^ I desire you will now give over all thoughts of your 
 ' land, and that we may hear no more complaints about 
 Mt. 
 
 ' Now you must remember the friendship between 
 
 * you and your brother, and transmit to your children, 
 ' and make them acquainted with the transactions of 
 
 * this day. I recommended this to you, not from ray lips 
 
 * only, but from the bottom of my heart : I hope it 
 ' will also make a deep impression in your hearts. 
 
 ^ It seems, as if your grandfathers had not told you 
 
 * of the treaties they used to have with their brethren, 
 ' but carried them with them to the grave. But we 
 
 * hope you will not do so, but carefully inform you 
 ' children of your agreements. We have given you 
 ' this advice, and hope you will follow it. We also ex- 
 ' pect you will take care of your young men, that they 
 
 * do no more mischief to their brethren the English. 
 
 ' Egohowen, 
 
474 
 
 The history 
 
 A. D. < Egoliohowen, then addressed himself to the go- 
 1768. < veriior, and desu'ed to be heard. 
 
 * J3rother, 
 
 * We are now thoroughly satisfied ; and we still retain 
 ' a friendship for our brethren the English, and we 
 
 * desire, that if we should come into your province, to 
 
 * see our old friends, and should have occasion for the 
 
 * bark of a tree to cover a cabin, or a little refresh- 
 
 * ment, that we should not be denied, but be treated 
 
 * as brethren : And that your people may not look on 
 
 * the wikl beasts of the forest, or fish of the waters, as 
 
 * their sole property ; but that we may be admitted to 
 
 * an equal use of them. 
 
 ' The governor answered, that, as soon as he got 
 ' home, he should issue a proclamation, to notify to 
 
 * the people of his province, that he had made a peace 
 
 * with them, and to order, that, for the future, they 
 
 * should be treated as brethren; which he hoped would 
 
 * be done : But desired they would not go into those 
 
 * parts, where they had lately committed hostilities, 
 
 * till the people's passions were cooled ; for he could 
 
 * not be answerable for his people's behaviour, whilst 
 
 * their losses were fresh upon their minds. 
 
 The 21st of October. 
 P E E S E N T. 
 All the confederate Chiefs. 
 ' Teedyuscung, Nowalkeeka, alias Four steps, Am'^c- 
 
 * hela, alias James Davis, Egohohowen, Munsey, 
 
 * chief, Tapiscawen, alias Samuel Davis, Philip Com- 
 
 * pass, Lappink, Moses Tetamy. 
 
 ' Conrad Weiser, Henry Montour, Isaac Stille, 
 ' interpreters. 
 
 'Governor Bernard, requesting the attention of the 
 
 * Indians, addressed them as follows, 
 
 ' Brethren of the united nations, 
 ' By this string, you spoke on behalf of our brethren 
 
 * the 'Minisinks, and said, " That they were wronged 
 
 * in their lands ; that the English settled so fast, they 
 
 * were 
 
Op NEW-JERSEY. 
 
 * were continually pushing them back ; and when they 
 
 * asked for their lands, they were told that they had sold 
 ' their land, and had got drunk and forgot it. If they 
 ' had swallowed their lands, they must be content ; 
 ' but they did not believe that they had swallowed all, 
 ' but that some was left. They desired, that I would 
 ' enquire after their lands that were left, and do them 
 'justice." 
 
 ' Brethren, 
 
 ' I am glad I have an opportunity, in the presence of 
 ' so many nations, to express the desire I have of doing 
 ' justice to every one. The throne of the great king is 
 ' founded on justice : And I should not be a faithful 
 ' servant to him, if I neglected to give redress to- all 
 ' persons, that have received injuries from the people, 
 ' over whom the great king has placed me. 
 
 ' I have therefore had a conference with the Mini- 
 ' sinks, in the presence of some of their uncles and 
 ' have come to a full agreement with them, the pro- 
 ' ceedings of which are now ready to be read to you. 
 ' Brethren, 
 
 ' I have another proof to give you of the upright- 
 ' ness and justice of our province. We have come to 
 ' an agreement with the Dela wares, and other Indians, 
 ' for the uncertain claims they had on the southern parts 
 ' of our province. I hereby produce the deeds, that 
 
 * have been executed on this occasion, that the subject 
 
 * of them may be explained to you, and be had in 
 ' perpetual remembrance by all the nations present : 
 ' And I desire that you may all remember, that, by 
 
 * these two agreements, the province of New-Jersey is 
 ' entirely freed and discharged from all Indian claims. 
 
 * In confirmation of which I give you this belt. A belt. 
 
 ' Brother Teedyuscung, 
 ' By this string you tell me, that, after the killing the 
 ' nine Indians near Esopus, you carried three belts to 
 ' George Vreeland, who undertook to give them to 
 ' the governor, and you ask what is become of those 
 'belts. 
 
 ' Brother, 
 
The history 
 
 " ' Brother, 
 
 ' I can only say, that I never heard of those belts 
 ' before ; nor do I know, what governor George 
 ' Vreeland undertook to carry those belts to. The 
 ' proper governor was the governor of New- York ; 
 ' for in his province was this mischief committed. And 
 ' probably the governor of New- York had these belts ; 
 ' for I have heard that he issued a proclamation for 
 ' apprehending the perpetrators of this fact. This fact 
 
 * has been blamed by all good and wise men ; and I am 
 'glad it was not done by the people of my province. I 
 
 * will acquaint the governor of New- York with what 
 ' you have said upon this occasion, and I will enquire 
 ' aftc)' those belts, and give you an answer. A string. 
 
 ' Governor Denny, being obliged to return to 
 
 * Philadelphia, on urgent business, took his le^ive of 
 
 * the liidians, saying. 
 
 ' Brethren, 
 
 * It gives me great pleasure that the business of this 
 
 * treaty has been carried on with so much satisfaction. 
 
 ' I am sorry, I am now to inform you, that I am 
 
 * obliged to leave you, having received last night au 
 ' express from general Forbes, who is now near the 
 
 * Ohio. My business calls me to town ; I shall there- 
 ' fore leave mr. Logan and mr. Peters to transact the 
 
 * remainder of the business, and doubt not but they will 
 ' act to your satisfaction.. I assure you of my aifection 
 
 * for you, and wish you all manner of happiness. 
 
 * Teedyuscung arose, and desired to be heard on be- 
 *half of the Wapings, living near ^sopus, and pro- 
 
 * duced a short broad belt of white wampum, having 
 
 * in the center, two hearts of a reddish colour, and in 
 
 * figures 1745, wrote after the following manner, 
 
 * 17 ^^45. The belt had a round circle pendant, 
 ' representing the sun : He then produced two certifi- 
 *cates, one from governor Clinton, and the other 
 
 * from governor Hardy, both which were much in fa- 
 
 * vour of the Waping Indians. He said the belt was 
 'given them by the government of New- York, and 
 
 ' represented 
 
Op new-jersey. 
 
 ' represented their union, which was to last as long as 
 *the sun should continue in the firmament. 
 
 ' Teedyuscung addressed governor Bernard, desiring 
 'by a string of Wampum, that he would extend his 
 
 * protection to the Wapings ; and as their chief was 
 ' old and infirm, he requested the favour of a horse to 
 ' carry him home ; which was readily granted. 
 
 ' Tagashata made the same request to governor 
 
 * Denny, which was likewise granted. 
 
 ' The Six Nation chiefs consulted together, and in a 
 ' little tinie, Nichas, in their behalf, returned an answer 
 ' to the speeches of the governors, laying the belts and 
 
 * strings upon the table, in the order they were deliver- 
 ' ed, and repeating distinctly what was said on each of 
 ' them. At the end of every article he returned thanks, 
 ' and expressed the highest satisfaction, particularly on the 
 ' ratifying the j)eace, and the large belt given thereupon,. 
 ' which he said should be sent to all the distant nations 
 ' of Indians, to whom it would be very a'^reeable ; he 
 ' likewise promised, that every thing transacted in these 
 
 * conferences, which he again said had afforded them 
 
 * great pleasure, should be laid before the great council 
 ' at Onondaga, whose answers should be carefully trans- 
 
 * mittetl. 
 
 ' He thanked governor Bernard for making up all 
 
 * the differences between that government and the Mi- 
 ' nisink Indians so much to their satisfaction. 
 
 ' He made an apology for the want of Wampum, 
 ' and the exchange of other belts to give in confirmation 
 
 * of their j)erformance of the several things mentioned 
 ' in the governors speeches, agreeable to In lian cus- 
 
 * toms. And then wished governor Denny a good jour- 
 
 * ney. 
 
 ' At a conference with the Indians, held at Easton,, 
 ' on the 26th of October, 1758. 
 
 PRESENT. 
 ' His excellency governor Bernard. 
 * William Logan, Richard Peters, Andrew John- 
 
 * stou, Charles Read, John Stevens, George Croghan, 
 
 ' Conrad 
 
478 
 
 The history 
 
 A.D. 'Conrad Weiser, Charles Swaine, esquires. Major 
 1758. { Ordnt, the sheriff of Northampton county, John 
 ' Watson. 
 
 ' The chiefs of the United Nations, and of the 
 ' other nations, and the interpreters, as aforementi- 
 ' oned. 
 
 ' Mr. Secretary Peters having observed to the con- 
 ' federate chiefs, that the governors were by Tol^a 
 ' aio, charged with having omitted some things in their 
 ' answers, and desired to know what they were, Tho- 
 ' mas King said, that in regard to some things they had 
 ' been sincje supplied, and recommended that some 
 ' other things should be more particularly taken notice 
 ' of, than they had been. Wherefore agreeable to this 
 ' advice, the following speech was spoke by the mem- 
 ' bers of the Pennsylvania council, governor Bernard 
 ' assenting thereto. 
 
 ' Brethren, 
 
 ' As we have now settled all differences, and con- 
 ' firmed the antient leagues of amity, and brightened 
 ' the chain of friendship ; we now clean the blood off 
 ' your <}ouncil seats, and put them in order, that when 
 ' you hold councils at home, you may sit in your seats 
 ' with the same peace and tranquility as you formerly 
 ' used to do. 
 
 A string consisting of a thousand grains of Wampum. 
 ' Brethren, 
 
 ^ With this string of wampum, we condole with you 
 ' for the loss of your wise men, and for the warriors that 
 ' have been killed in these troublesome times, and like- 
 ' wise for your women and children, and we cover their 
 ' graves decently agreeable to the custom of your fore- 
 ' fathers. A string of a thousand grains of wampum. 
 ' Brethren, 
 
 ' We disperse the dark clouds that have hung over 
 ' our heads, during these troubles, that we may see the 
 ' sun clear, and look on each other with the chearful- 
 ' ness our forefathers did. 
 
 A string of a thousand grains of wampum. 
 
 ' Then 
 
Of new-jersey. 
 
 479 
 
 * Then mr. Peters and mr. Weiser produced the A. D. 
 
 * confirmation deed, executed by the chiefs of the 
 ' United Nations as before set forth, which the Indian 
 ^ chiefs acknowledged to have been their voluntary act 
 ' and deed, and that they clearly understood the con- 
 ^ tents thereof, together with the limits described in 
 ^ the draught annexed to it ; and the same being handed 
 ^ from Indian to Indian, all round the house, it was 
 ' delivered to the proprietor's agents. 
 
 ' After which tlie Indian chiefs produced the proprie- 
 ' tary deed of release, executed by mr. Peters and mr. 
 
 * Weiser, the proprietary's agents : who acknowledged 
 ' it to be their act and deed, in behalf of their consti- 
 
 * tuents, as well as their own, and re-delivered it to 
 ' the Indians, together with the belt. 
 
 ' His excellency governor Bernard produced the 
 ^following deeds, executed by five Indian attornies, 
 ^ appointed by a council of the Delaware nations, for 
 'all the lands lying in New- Jersey, south of a line 
 ^ from Paoqualin mountains at Delaware river, to the 
 ' falls of Alamalung, on the north branch of Rariton 
 ' river, thence down that river to Sandy-Hook ; dated 
 ' the 12th of September last, with endorsements there- 
 ' on, made by Teedyuscung, Unwallacon and Tepas- 
 'cawen, signifying their agreement thereto, and ac- 
 ' knowledgment of their having received satisfaction 
 ' thereon ; witnessed by three chiefs of the Six Nations, 
 ' who in behalf of the Six Nations, approved the sale, 
 ' and also by several English witnesses. And another 
 deed, dated the 23d October instant, at Easton ; 
 ' from the chiefs of the Munsies, Wapings, Opings, 
 ' or Pomptons, sixteen in number, and including all 
 
 * the remaining lands in New-Jersey, beginning at Cu- 
 ' shytunk, and down the division lines between New- 
 ' Jersey and New- York, to the mouth of Tappan 
 ' creek at Hudson's river, and down the same to Sandv 
 
 Hook, thence to the mouth of Rariton, thence up 
 ' that river to the falls of Alamatnng, thence on a strait 
 line to Paoqualin mountains, where it joins on Dela- 
 
 ' ware 
 
The history 
 
 * ware river, thence up the river Delaware to Cnshy- 
 
 * tunk ; endorsed by Nimhani, a chief of the Opings 
 
 * or Pomptons, who was sick at the execution thereof, 
 
 * and appoved by the Six Nations ; which was 
 
 * testified by three of their chiefs, signing as witnesses 
 ' thereto : And governor Bernard desired, that all pre- 
 
 * sent might take notice of the same, and remember 
 ' that the Indian titles to all the lands in New-Jersey, 
 
 * were conveyed by those two deeds. 
 
 ' Which being interpreted in the Mingo and 
 ' Delaware languages ; his excellency addressed the In- 
 ' dians, as follows : 
 ' Brethren, 
 
 * I am very glad this good work has been so happily 
 *fiinished. I came among you wholly unacquainted 
 ' with your forms, and therefore if I have omitted any 
 
 * ceremonies, you will readily excuse me. But in 
 
 * whatever I have been deficient, I am sure, I have not 
 
 * wanted a good heart towards you. 
 
 ' The circumstances of our province, have hitherto 
 ' rendered us unable to give you any great proofs of 
 
 * our regard for you. But I shall endeavour to persude 
 
 * my people, to do you good service for the future, l)y 
 
 * opening a communication with you ; which if rightly 
 ' managed, will be much to the advantage of both 
 ^ people. And for my own part, I shall be always 
 
 * ready to do you justice ; and desire that whenever you 
 
 * have cause of complaint against my people, you will 
 ^ take care to signify it to me. A string. 
 
 ' The Five Nation chiefs, laid all the belts and 
 
 * strings on the table, that were delivered at this and 
 
 * the last conference. Toka aio, the Cayuga chief, 
 ' desired the gov^ernor and all present, would take 
 ' notice of what Thomas King was going to say, on 
 
 * behalf of the United Nations. 
 
 ' On which Thomas King arose, and taking up the 
 ' first belt which was given by Teedyuscung, when he 
 ' requested a deed for the Wioming lands, he addressed 
 ' the Delawares, (Teedyuscung not being present) as 
 
 * follows : ' Cousins, 
 
Of NEW-JERSEY. 
 
 481 
 
 ' Cousins, 
 
 ' By this belt, Teedyuscung desired us to make you 
 
 * the owners of the lands at Wioming, Shamokin, and 
 'other places on the Susquehannah river; in answer to 
 ' which, we who are present say. That we have nO' 
 ' power to convey lands to any one ; but we will take 
 'your request to the great-council-fire, for their senti- 
 ' ments, as we never sell or convey any land, till it 
 ' be agreed on at the great council of the United Na- 
 ' tions. In the mean time, you may make use of 
 'these lands, in (Jonjunction wnth our people, and all 
 ' the rest of our relations, the Indians of the different 
 ' nations in our alliance. 
 
 ' Which being interpreted into Delaware, the string 
 ' of wampum was given to Moses Tetamy and James 
 'Davis, to be delivered to Teedyuscung, as he was 
 ' not present. 
 
 ' Then taking up each belt and string in the order 
 
 * it was delivered in this, and the last conference, he 
 ' proceeded to repeat distinctly, what had been said 
 ' under each article, returning thanks for all those good 
 ' speeches, which he said, were extreamly agreeable. 
 ' He made particular mention of the large peace belt, 
 ' saying, " The nations are greatly pleased, that all 
 'the ancient treaties made here, at Albany, and else- 
 ' where, are renewed, as well as that the old council- 
 ' fire at Philadelphia, is kindled again, and a good 
 'road made to it, that may be travelled without any 
 ' danger : These in particular, as well as every other 
 ' matter transacted at these conferences, we will make 
 ' known to our own nations, and to every other in 
 ' friendship and alliance with us, and we are sure they 
 ' will be very well received. 
 
 ' Then addressing governor Bernard, he thanked 
 'him for his farewel speech, saying, "It was a very 
 ' kind one, and that they were much pleased with his 
 ' having been present, and given his assistance at this 
 ' treaty, which had given them an opportunity of 
 ' gaining an acquaintance with him, which they would 
 
 2 H ' ever 
 
 A. D. 
 
 1758» 
 
482 
 
 The history 
 
 * ever remember with pleasure. After a pause, he 
 ' desired to be excused for mentioning some things that 
 ' had been omitted by the governors and their councils. 
 
 ' They have forgot to bring with them ammunition, 
 ' of which we always used to receive a sufficient quan- 
 ^ tity, not only to serve us in our journey, but to sup- 
 
 * port us in our hunting season, that we might be 
 ' enabled to make provision for our families. They 
 ^ have given us gunlocks without guns, which are of 
 ' no manner of use to us ; and therefore this must have 
 
 * surely been forgot ; as it is impossible for Indians to 
 ' subsist without guns, powder and lead, of which we 
 ' have received none. 
 
 ' As many of us are old and infirm, we desire our 
 ' brethren, will be so good as to furnish us with a 
 'number of waggons, to convey such of us, as are 
 
 * not able to walk, and the goods you have been pleased 
 ' to give us, as far as Wioming, where we have left 
 
 * our canoes, and then we will discharge the waggons, 
 ' and they may come back again. 
 
 ' We further desire a supply of provisions may be 
 ' put into the waggons, enough to serve us till we get 
 ' to our respective habitations. 
 
 ' He then took up the proprietary release, and re- 
 ' turned thanks for it. He said, " When the United 
 ' Nations first made the request to sir William Johnson, 
 ' to be transmitted to Onas, they had no doubt but 
 ' Onas would comply with it, having always found 
 ' him ready to grant all their requests. With him we 
 ' have never had any difference ; he has always settled 
 ' our affairs without giving us any trouble, and to our 
 
 * satisfaction. We heartily thank Onas ; this act con- 
 ' firms us in the good opinion we always had of him. 
 
 ' Then addressing himself to the Delawares, with a 
 ' string of wampum, he spoke as follows : 
 
 ' This serves to put Teedyuscung in mind of his 
 ' promises, to return the prisoners : Remember, cou- 
 
 * sins, you have made this promise in our presence ; 
 
 * you did it indeed before, and you ought to have per- 
 
 ' formed 
 
Of NEW-JEESEY. 
 
 * formed it : To tell lies, does not become a great 
 
 * man : A great man always keeps his word, and per- 
 
 * forms his promises. Cousins, you must not now 
 
 * fail to keep your word : We are all now one people, 
 ' and we must all be punctual in the performance of 
 
 * our enofao;ements. 
 
 ^ This was interpreted into the Delaware language, 
 
 * and the string was given to Moses Tetamy, to be 
 delivered to Teedyuscung. 
 
 ' Then he said the United Nations had finished 
 
 * what they had to say. 
 
 ' Some wine and punch was called for, and mutual 
 
 * healths were drank, and the conferences were con- 
 
 * eluded with great satisfaction. 
 
 In consequence of the expectations given the Indian 
 inhabitants, the commissioners, with the consent of the 
 Indian attornies, purchased a tract of upwards of 3000 
 acres, called Brotherton, situate in Burlington county, 
 in which is a cedar swamp and saw-mill, adjoining to 
 many thousand acres of poor uninhabited land, suitable 
 for hunting, and convenient also for fishing on the sea- 
 coast ; the deed was taken in the name of the governor 
 and commissioners, and their heirs, in trust for the use 
 of the Indian natives who have or do reside in this 
 colony south of Rariton, and their successors" for ever, 
 with a clause, providing that it shall not be in the power 
 of the Indians, their successors, or any of them, to 
 lease or sell any part thereof ; and any person (Indians 
 excepted) attempting to settle there, to be removed 
 by warrant from a justice of the peace; no timber to 
 to be cut but by the Indians, under penalty of forty 
 ■shillings fine for every tree. The Indians soon after 
 the })urchase, removed to the settlement, and there 
 remain to their satisfaction, having their usual means 
 of living very convenient ; they were assisted by the 
 government, in their removing and buildings : There 
 
 ' are 
 
484 
 
 The history 
 
 A. D. are about sixty persons seated here, and twenty at 
 Weekpink, on a tract formerly secured by an English 
 right, to the family of king Charles, an Indian 
 sachem. 
 
 Some time after the treaty at Easton, fresh hostilities 
 being commenced by the back Indians, and approach- 
 ing very near the frontiers of Jersey, it was feared, not- 
 withstanding these agreements, they would prove per- 
 fidious ; which occasioned a guard to be placed there : 
 Part of the address of the assembly to governor Frank- 
 lin, in the spring, 1764, sets this and the present state 
 of Indian affairs, in a true light; and with that we 
 conclude the subject. 
 
 ' In the original settlement of this province, great 
 ' circumspection and care was used to gain and pre- 
 ' serve the friendship of the Indian natives ; their lands 
 ' were from time to time, fairly and openly purchased, 
 ' to their general satisfaction : This conciliated their 
 
 * affection ; and for a long course of time, they were 
 
 * eminently serviceable to the new settlers ; and since 
 ' the beginning of their hostilities, lest some among 
 
 * them should think any part of our lands remained 
 
 * unpurchased, care was taken at the treaty of Easton, 
 
 * 1758, to obtain for a valuable consideration, a 
 ' general release for all the lands in this province, such 
 
 * parts only excepted, as were reserved for the use of 
 ' those Indians that inclined to live under the protection 
 ' of this government ; this was done, and the money 
 
 * paid in open council, and their approbation univer- 
 ^ sally expressed : Slich therefore being the circum- 
 ' stance of tliis province, with regard to the Indians, 
 ^ it became a matter of astonishment to us, that any 
 'conduct of theirs should give reason to fear their in- 
 ' tentions respecting us ; and whether they had actually 
 ' any design upon this province or not, their hostilities 
 'in the neighbourhood of our frontier, and in one 
 ' doubtful instance, over the line, were inducements to 
 ' place a frontier guard of two hundred men for the 
 ' "winter oast. 
 
 CHAP. 
 
Of new-jersey. 
 
 485 
 
 CHAP. XXIV. 
 
 A short geographical description of the province, and 
 additional view of its present state. 
 
 TO be very particular on this head, comes not within A. D. 
 our design ; nor will it perhaps be a matter of ^"'^^^ 
 much expectation, as the present state of trade carried 
 on chiefly through the provinces New- York and Penn- 
 sylvania, seems but little calculated to draw attention 
 from abroad ; but the situation of the province, as 
 lying directly in the concourse between the places 
 aforesaid, renders it almost as well known to strangers 
 resorting there. 
 
 New-Jersey lying about 75° west longitude from 
 London, is bounded on the west and south-west by 
 Delaware river and bay, on the south-east and east by 
 the atlantick ocean ; the sound, which separates Staten 
 Island^- from the continent, and Hudson's river on the 
 north, by a line as yet unsettled, to be run from the 
 river last mentioned, in the latitude of 40° to 
 the northerly branch of Delaware, in latitude of 
 41° 40', which line is to be the boundary with New- 
 York on that side. The greatest length of New-Jersey 
 from north to south, that is from Cape- May, in the 
 latitude of 39° to the north Station Point, in the lati- 
 tude 41° 40' at 69 miles to a degree, is 184 miles. 
 Its greatest breadth is about 60 miles ; but supposing it 
 •on an average 150 in length and 50 broad, the whole 
 province must then contain 4,800,000 acres ; of which 
 at least one-fourth, (probably more) is poor barren 
 land, in respect to tillage ; but in part abounding with 
 
 pines 
 
 6. Or if we include that Island still on the atlantick ; but New 
 York hath it in possession, tho' from situation it seems apparently 
 intended a part of New- Jersey. 
 
486 
 
 The history 
 
 pinese- and cedars, and some few tracts of swampy 
 that will make meadow. It is supposed, that West- 
 Jersey contains the greatest' quantity of acres, and in 
 return took the most barren land. East-Jersey, now 
 1765, is supposed to have located nearly 468,000 acres 
 good land, and 96,000 acres of pine land/^. The 
 proprietors of West-Jersey, soon after their arrival^ 
 divided among them, 500,000 acres, which they cal- 
 the first dividend ; since which, at different times, 
 they have issued directions for each proprietor's taking 
 his part of four other dividends of the like quantity, 
 amounting in the whole, with allowance of five per 
 cent, for roads, to 2,625,000 acres, conjectured by 
 many to be full as much land as the division contains 
 of this the far greater part is already surveyed ; what 
 yet remains are chiefly the rights of minors and people 
 abroad. 
 
 Delaware river, from the head of Cushietunk, tho' 
 not obstructed with falls, has not been improved to 
 any in-land navigation, by reason of the thinness of 
 the settlements that way : From Cushietunk to Trenton 
 falls, are fourteen considerable rifts, yet all passable in 
 the long flat boats^- used in the navigation of these 
 parts, some carrying 500 or 600 bushels of wheat. 
 The greatest number of the rifts are from Easton 
 downward; and those fourteen miles above Easton, 
 another just below Wells's ferry, and that at Trenton,, 
 are the worst. The boats seldom come down but with 
 freshes, especially from the Minisinks : The freight 
 
 thence 
 
 e. Chiefly the pitch pine. 
 
 d. Good rights in East Jersey, now 1765, sell at 20s. proc. per 
 acre, Pine ditto, 10 s. proc. per acre : Rights in West-Jersey, at 
 the same time, sell from 101. to 121. per hundred acres. 
 
 e. These boats are made like troughs, square above the heads and 
 sterns, sloping a little fore and aft, generally 40 or 50 feet long, 6 
 or 7 feet wide, and 2 feet 9 inches, or 3 feet deep, and draw 
 20 or 22 inches water when^ loaden.. 
 
 A. D. 
 
 1765. 
 
Of NEW-JEESEY. 
 
 437 
 
 thence to Philadelphia, is eight pence a bushel for 
 wheat, and three shillings a barrel for jflour : From the 
 forks, and other places below, twenty shillings a tun 
 for pig iron, seven pence a bushel for wheat, two 
 shillings and six pence a barrel for flour. This river 
 above Trenton, has no branches worth mentioning, 
 for conveniency of navigation./- 
 
 Though the province boundary on the ocean, is 
 extensive, the harbours for large shipping are but few, 
 and, except Sandy-Hook, mostly inconvenient, occa- 
 sioned by a great extent of salt meadows, swamps and 
 marshes, and being exposed to the JST. E. winds ; this 
 disadvantage is however amply supplied by the Dela- 
 ware and Hudson's river. 
 
 Almost the whole extent of the province adjoining 
 on the atlantick, is barrens, or nearly approaching it; 
 yet there are scattering settlements all along the coast, 
 the people subsisting in great part by raising cattle in 
 the bog undrained meadows and marshes, and selling 
 them to graziers, and cutting down the cedars; these 
 were originally plenty of both the white and red sorts : 
 The towring retreat of the former have afforded many 
 an asylum for David's men of necessity :9- They 
 are now much work'd out : Another means of sub- 
 sistence along the coast, is the plenty of fish and oysters, 
 these are carried to ISTew-York and Philadelphia mar- 
 kets. It is thought, no inconsiderable whale-fishery 
 might be form'd there ; on the banks the New-Eng- 
 land men frequently fish with success. The barrens or 
 poor land, generally continues from the sea up into 
 the province, thirty miles or more, and this nearly the 
 whole extent from east to west ; so that there are many 
 thousand acres, that will never serve much of the pur- 
 poses of agriculture ; consequently when the pines and 
 
 cedars 
 
 /. Analysis of the map of the middle colonies, by L. Evans. 
 g. 1 Sam. xxii, 2. 
 
488 
 
 The history 
 
 A. D. cedars are generally gone (they are so already in many 
 places) this will not be of much value. This excepted, 
 and what of the same sort may be here and there 
 intermixed in other parts of the province, the 
 lands in general (perhaps something better than two 
 thirds of the whole) are good, and bear wheat, barley, 
 or any thing else suitable to the climate, to perfection. 
 As the province has very little foreign trade on bottoms 
 of its own, the produce of all kinds for sale, goes 
 chiefly to New-York and Philadelphia ; much of it 
 is there purchased for markets abroad ; but some con- 
 sumed among themselves. The Inhabitants as to 
 dress and manners, form themselves much after the 
 neighbouring provinces ; the western, about as far as 
 the tide flows up Delaware, those of Pennsylvania ; the 
 remainder, those of New- York. The political state 
 of the province may be described in a few words ; 
 harmony reigns in a considerable degree, in all branches 
 of the legislature ; the publick business is consequently 
 dispatched with ease, and at a small expence. Thus 
 much in the general : Next for the counties ; of these 
 there are thirteen : Their respective wealth on a compa- 
 rison with each other, may be collected from the pro- 
 portions fixed by act of Assembly, on a £. 25,000 
 tax, 1764. 
 
 Middlesex, .... £,. 2,265 : 17 : 09| 
 
 Monmouth, 3,285:16:10^ 
 
 Essex, 1,946 : 08 : 04 
 
 Somerset, 2,791:07:01 
 
 Bergen, 1,647: 09: OBJ 
 
 BuBLiNGTOisr, 3,125:09:051 
 
 Gloucester, 1,954 : 1 0 : 02J 
 
 Salem, 1,746:07:03^ 
 
 Cape-May, - - - - . - 417:14:081- 
 
 Hunterdon, 3,544 : 07 : 1 1 
 
 Morris AND Sussex,* - -> - - 1,389: 01 :08i 
 CuMBEBLAJS-D, - 885 : 09 : 03|- 
 
 The 
 
 * Sussex being tne frontier county, and but lately settled, pays 
 but a small proportion. 
 
Of NEW-JERSEY. 
 
 489 
 
 The number of inhabitants in 1738, were said to A. D. 
 be - 47,369 
 
 In 1745, - - - - - 61,403 
 
 The increase in seven years, 14,034 
 
 Supposing the increase to be nearly the^ 
 same since, the number now, 1765, must ^100,000 
 be about J 
 
 The increase of some of the counties in West-Jer- 
 sey, between 1699 and 1745, was found to be more 
 than six for one ; the proportion of strangers arriving 
 since, is not the same; but the natural increase must 
 be far greater. 
 
 The counties are several of them mark'd by pro- 
 ductions, differing in some respects from each other, 
 and when distinguished, may perhaps bear the follow- 
 ing general description. 
 
 Eastern Division. 
 
 MIDDLESEX 
 First ascertained a county by act of general assembly, 
 in the proprietor's time 1682, had its boundaries par- 
 ticularly fix'd by subsequent acts, in 1709 and 1713. 
 Bee laws of the province, vol. 1. p.. 13, 40, 41. 
 
 In this county lies the city of Perth -Amboy, on a 
 point of land, which divides the river Rariton, and 
 Arthur Kull sound. It takes its name Perth from 
 James Drummond, one of the proprietors, and earl 
 of Perth, and Amboy from Ambo, in Indian a point. 
 The situation for a sea trade, as lying open to Sandy- 
 Hook,*- whence vessels may arrive almost any weather 
 in one tide from the sea, and find a safe commodious 
 harbour, capacious enough to contain many large 
 ships, is allow'd to be as good a port as most on the 
 
 continent ; 
 
 i, This took its name from its sliape ; not far from the land at 
 Middletown, it winds like a hook, the shore and bottom sandy. 
 
490 
 
 The history 
 
 A. D. continent; yet by a fatality attending almost every 
 attempt for trade in the province, the endeavours at 
 this have been hitherto with no great success ; tho' they 
 have a sea trade, and export to foreign markets, yet 
 not as might be expected from the advantages of situ- 
 ation : The land lies high and dry, in a good air : The 
 Scots proprietors were indefatigable to improve it ; 
 but found up-hill work ; yet effected a considerable 
 settlement : The best part of the country round has 
 water carriage to New-York. The legislature, by early 
 stipulation of the proprietors and inhabitants, meet 
 here and at Burlington, alternately, to accommo- 
 date each division, and those in each towards the extre- 
 mities of this long-extended province : In the same 
 manner the supreme courts of judicature for the pro- 
 vince were fixed : Here the courts for the county of 
 Middlesex are held ; here also the general proprietors 
 for East-Jersey always meet, and have lately erected a 
 large and elegant house. [See chap, ix.^ In this county 
 also up the E-ariton, lies the city of New-Brunswick, k. 
 well built, but the situation low, tho' high ground 
 adjoining ; the county besides contains several villages, 
 as Woodbridge, including Raway, Piscataway, Crau- 
 bury and Princeton ; in the last is situate the New-Jersey 
 college, a handsome capacious building The college 
 was first founded by charter from president Hamilton, 
 and enlarged by governor Belcher, in 1747; at his 
 death he left it a considerable donation of books. The 
 land in this county is in part very rich, and alfords 
 beef, sheep, some pork, most sorts of grain, and 
 smaller articles; besides staves, firewood, and other 
 lumber, for exportation and New- York market. A 
 general idea may be form'd of the religion of the inha- 
 bitants 
 
 h. Here is a publick library. 
 
 I, For a view, see New American Mag. 1759, p. 104. 
 
Of NEW-JERSEY. 
 
 491 
 
 bitants, by the houses for worship ; of these, the episco- 
 palians ia this county have five, presbyterians seven, 
 quakers four, baptists two, seventh-day baptists one, 
 low Dutch calvinists one. 
 
 MONMOUTH, 
 Boundaries by act of assembly, passed in 1709, 
 begins at the mouth of a creek that parted lands origi- 
 nally belonging to Andrew Bowne and George Wil- 
 locks ; thence following Middlesex, to the line dividing 
 the eastern and western division of the province; 
 thence southerly along this line to the sea; thence 
 along the sea to the point of sandy-hook, and thence 
 up the bay to the creek aforesaid : It contains the 
 villages of Shrewsbury, Middletown, Freehold, and 
 Allen-Town : The courts for the county business, are 
 held at Freehold. The lands in Shrewsbury, Middle- 
 town, and part of Freehold, are mostly remarkably 
 good ; they raise grain, beef, sheep, butter, cheese, 
 and other produce for New- York market : At the 
 high lands of Navesink, the New- York merchants 
 have lately erected a commodious light house, for the 
 security of navigation. The houses for worship in 
 this county, are, presbyterians six, episcopalians four, 
 quakers three, baptists four. 
 
 ESSEX, 
 
 Had its boundaries fixed by act of assembly, in 
 1709, but altered in 1741. Laws of the province, vol. 
 1. p. 12, 274. It contains the well-settled towns of 
 Elizabeth and Newark -m. in the latter the courts for 
 the county are held ; in the former those for the ancient 
 borough : This being an old settled county, and good 
 land, is consequently full of inhabitants : their plan- 
 tations are too high in value, to be generally large ; 
 
 their 
 
 A. D. 
 
 1765. 
 
 m. At each of tkoee towns is a publick library. 
 
492 
 
 The historic 
 
 A^^. their improvements greater than in many other parts ; 
 
 they raise wheat, beef, sheep, and generally what is 
 common from good land; part is carried to New- York 
 market, and part exported in bottoms of their own : 
 Of places for worship, the presbyterians have seven, 
 episcopalians three, baptists one, Dutch calvinists two. 
 
 SOMERSET, 
 
 Was divided from Middlesex by a proprietary law, 
 in 1688, and then named ; its boundaries were again 
 limited in the act of 1709, but altered by other acts 
 in 1713 and 1741. Vol. 1 of laws p. 12, 40. 274. 
 It adjoins to Middlesex on the north, the rest on 
 Essex, Morris and Hunterdon : In it is the village of 
 Bound-Brook : The land is rich, and being early 
 settled by the industrious low Dutch, and a few others, 
 much improved. Wheat is the staple of the county, 
 of which they raise large quantities ; they send their 
 flour down Rariton river, to New- York ; and near 
 Brunswick, running under the river Rariton, is a 
 copper mine, but not yet very profitable. In this 
 county lies the Rocky-Hill mines : Here also at 
 Baskin-ridge, is the seat of William Alexander, earl 
 of Stirling ; his improvements for taste and expence, 
 promise more than any thing of the kind hitherto 
 effected in the province. Of houses for worship, the 
 English presbyterians have three, low Dutch reformed 
 ditto, five, Dutch lutheran one, baptists one. 
 
 The Dutch of the calvinistical plan of Holland, in 
 the eastern parts of this province, were very insignifi- 
 cant, and only supplied by their ministers from New- 
 York and Long-Island, twice or thrice a year, (except 
 Hackinsack, who had one Burtolf settled among them) 
 until about the year 1719, when those of Somerset, 
 Middlesex, and part of Hunterdon, jointly applied 
 to Holland for a minister, from whence came Theodo- 
 rus Jacobus Freelinghausen, who officiated among 
 
 them, 
 
Of JsEW-JERSEY. 
 
 them, and was the chief means of establishing several 
 congregations in those parts : Since which the number 
 of their ministers is increased to fourteen or fifteen in 
 the eastern division ; and each of them do for the most 
 part supply two or three different congregations. 
 
 BERGEN. 
 
 • By the act of 1709, is bounded from Constable- 
 Hook, along the bay and Hudson's river, to the 
 partition point between New-Jersey and New- York ; 
 thence along the partition line between the said pro- 
 vinces, and the division line of East and West- Jersey, 
 to Pequaneck river ; thence down that and Passaick 
 river to the sound ; and thence to the place first named : 
 Its situation on Hudson's river, opposite and adjacent 
 to New- York, opens an advantageous intercourse with 
 that market ; their lands are generally good for grass, 
 wheat, or any other grain. The Schuylers have here 
 two large parks for deer. Tlie inhabitants of the 
 county, being the descendants of the low Dutch or 
 Hollanders, that originally settled there"- under the 
 Dutch title, preserve the religion of their ancestors,, 
 and worship after the manner of the reformed, churches 
 in the united provinces; in principle presbyterians, 
 yet in subordination to the classis of Amsterdam : Their 
 language in general, bears the Dutch accent ; nor have^ 
 they forgot the customs of Holland : They have of 
 houses for worship, Dutch calvinists seven, Dutch 
 lutherans two. In this county are the Schuylers mines.. 
 Sixteen miles above Newark in Essex, on the opposite 
 side of Second-River, in Bergen, is the remarkable 
 Passaick falls, the precipice from the highest part of 
 the rock, is supposed to be about seventy feet perpen- 
 dicular. In this county was born the late fa,mous col. 
 
 Peter- 
 
 n. See p. 61. 
 
494 
 
 The history 
 
 A. D. Peter Schuyler, who died in 1762, aged about fifty-two 
 years : He was a younger son of Aarent Schuyler, 
 the discoverer and first owner of the mines above-men- 
 tioned. He had the command of the province troops, 
 against the French of Canada, in divers campaigns, in 
 the two last wars ; and by the best judges of military 
 merit, was allowed to rank high in that character : 
 He had qualities besides, that greatly recommended* 
 him to his acquaintance, being of a frank, open be- 
 haviour, of an extensive generosity and humanity, and 
 unwearied in his endeavours to accomplish whatever 
 appeared of service to his country : He was taken at 
 Oswego, when that post was given up to the French, 
 and long detained a prisoner in Canada ; where having 
 letters of credit, he kept open house for the relief of 
 his fellow sufferers, and advanced large sums to the 
 Indians, in the French interest, for the redemption of 
 captives ; many of whom he afterwards, at his own 
 expence, maintained whilst there, and provided for 
 their return ; trusting to their abilities and honour for 
 repayment, and lost considerable that way ; but seemed 
 to think it money well bestowed : As to person he was 
 of a tall hardy make, rather rough at a first view, yet 
 a little acquaintance discovered a bottom of sincerity, 
 and that he was ready to every kind office in his power : 
 In conversation he was above artifice or the common 
 traflfick of forms, yet seemed to enjoy friendship with 
 its true relish ; and in all relations what he seemed to 
 be, he was. Matth. vii. 20. 
 
 Western Division, 
 
 BURLINGTON, 
 
 For the first boundaries and settlement of this county, 
 see chap. vi. It was limited by the act of 1709, and 
 afterwards curtailed by another act, VoL i of laws, p. 41. 
 
 The 
 
Of NEW-JERSEY. 
 
 495 
 
 The city of Barlingtono- was laid out in 1677, 
 and early incorporated ; bat the charter now in being, 
 was granted by governor Cosby : The Delaware before 
 it about a mile broad, forms a convenient bason for 
 shipping; its situation for trade is good; but eclipsed 
 by the growing advantages of its opulent neighbour, 
 the city Philadelphia.P- The land and air is good: 
 •where the houses chiefly stand, is an island, with two 
 ■entrances on causeways, and a quantity of drain'd mea- 
 dows adjoining ; but long experience has proved them 
 not unhealthy : The courts for the county are held 
 here; the legislature of the province meet alternately 
 at Amboy and here; the supreme courts are held in 
 the same manner : The council chosen by the general 
 proprietors of West-Jersey to transact their business, 
 always meet here, \_8ee chap. In this place is also a 
 promising library, the contributors are incorporated by 
 charter : Besides the town aforesaid, there are two 
 others ; ten mile farther up Delaware, is Borden Town, 
 founded by Joseph Borden ; on a branch of North- 
 ampton or Rankokas river, is Bridge Town, or Mount 
 
 Holly, 
 
 0. Four miles from hence, a recUise person who came a stranger 
 has existed alone, near twelve years, in a thick wood ; through all 
 the extremities of the seasons, under cover of a few leaves, sup|)orled 
 by tlie side of an old log, and put together in the fortn of a small 
 •oven, not, higli or long enough to stand upriy;ht or lie extended ; he 
 talks Dutch, but unititelligibly, either through design, or from 
 detect in his intellecis, 'tis h trd to tell which ; whence he came or 
 what he is, no body about him can find out; he has no contrivance 
 to keep (ire, nor uses any; in very cold weather he lies naked, 
 stops the hole he creeps in and out at with leaves; he mostly 
 •keeps in his hut, but sometimes walks i)ef()re it, lies on the ground, 
 and cannot be persuaded to work much, nor obliged without 
 violence to forsake this habit, witich he appears to delight in, and 
 to enjoy full health ; when the woods and orchards afford him no 
 nuts, a[)ples, or other relief as to food, he applies now and then 
 for bread to the neighbourhood, and with that is quite satisfied; he 
 refuses mtmey, btit has been frequently eloathed by charity; he 
 seems to be upwards of forty years of age; as to person rather 
 under tlie middle size ; calls himself Francis. 
 
 p. Seventeen miles distant by land, twenty by water. 
 
496 
 
 The history 
 
 A. D. Holly In this county also are the villages of Kings- 
 bury, Crosswicks, New-Hanover and Chester, or 
 Moore's-Town : The arable land is generally but indif- 
 ferent ; yet interspersed with quantities of good meadow, 
 renders them profitable : Pork is the staple ; of which 
 a large quantity is raised for the West-India market, 
 and has deservedly gained reputation through all the 
 islands : Beef, mutton, cheese, butter, &c. are car- 
 ried to Philadelphia markets : Very little hemp or flax 
 is raised in this county, or indeed through the province, 
 the inhabitants contented with a little, (very little in 
 some places) for their own use, have generally reserved 
 their gains on other productions, for purchasing their 
 chief supply of these and woollen articles of European 
 manufacture; labour is thought too high to increase 
 it much, and the climate not so favourable as in some 
 other places. In this county are the Indian settlements 
 of Brotherton and AVeekpink : {See chap. ) Of 
 places for worship, the people called quakers have 
 fifteen, episcopalians two, baptists one, presbyterians 
 one. [See a note p. 69.] 
 
 GLOUCESTER, 
 
 First laid out in 1677, had its boundaries ascertained 
 by the act of 1709, beginning at the mouth of Pensaw- 
 kin creek ; thence up the same to the fork thereof ; thence 
 along the line of Burlington county to the sea; thence 
 along the sea-coast to great Egg-Harbour river ; thence 
 up that river to the fork ; thence up the southermost and 
 greatest branch of the same to its head ; thence upon 
 a direct line to the head of Oldman's creek ; thence 
 down the same to Delaware river; thence up that river 
 to the place of beginning. Its situation opposite and 
 contiguous to Philadelphia, gives great opportunities 
 
 to 
 
 q. Here is a publick library. 
 
Of NEW-JERSEY. 
 
 497 
 
 to make the most of the productions of the county at 
 tliat market; tho' their upkinds as to the general are 
 poor, the meadows are good and improve fast: they 
 raise beef, jiork, mutton, butter, cheese, &c. They 
 have three viHages, Gloucester, Haddonfield'"' and 
 Woodbury; at the first the courts, for the county are 
 held. Of houses for worship, the people called qua- 
 kers have seven, the presbyterians five, episcopalians 
 one, Sweeds lutherau one, baptists one, moravians one. 
 
 SALEM, 
 
 Named by John Fenwick, and distinguished by his 
 tenth, in 1675: The name and jurisdu^tion settled 
 by a proprietary law, 1694: The boundaries were 
 fixed in 1709, but altered by act of assembly, in 1747. 
 Vol. 1 of laws, p. 14. 361. Their lands and meadows 
 are rich, and productions of any kind, natural to the 
 climate, ])lenty : The chief they raise are beef, sheep, 
 pork, butter, cheese, and grain, for exportation. It 
 being an old settlement, the improvements are con- 
 siderable as to ])lantations : The county business is 
 transacted at the town of Salem, which formerly sent 
 two members to the general assembly ; but in 1727, 
 these were given to Hunterdon, and their right of 
 choice sus])ended till two additional members were 
 added to the eastern division. Places for worship are, 
 quakers four, episcopalians two, Dutch lutherau 
 one, presbyterians three, baptists two. 
 
 CUMBERLAND 
 
 So named by governor Belcher, in respect to the 
 duke of Cumberland ; it was divided from Salem by 
 act of assembly in 1747, and the boundaries fixed, 
 [see vol. 1. of laws, p. 361.) the land is mostly poor; 
 but they have good meadows and marshes; being a 
 
 new 
 
 r. Here is a publick library. 
 
 2 I 
 
498 
 
 The history 
 
 A. T). new settled county, these are not yet greatly improved; 
 ' * they raise cattle and sheep for graziers ; the courts are 
 held at Cohansick creek?- or Hopewell. In this county 
 besides is the village of Greenwich: They join with 
 Salem in the choice of two representatives : Places for 
 worship are, episcopalians one, presbyterians four, 
 baptists two, seventh day baptists one, quakers one. 
 
 CAPE-MAY, 
 Was first made a county by a proprietary law in 
 1692; by another in 1694, had its boundaries better 
 ascertained; and by the act of 1709, they were fixed to 
 remain, beginning at the mouth of a small creek, on 
 the west side of Stipson's island, called Jecah's creek, 
 up the. said creek as high as the tide floweth ; thence 
 along tlie bounds of Salem, now Cumberland county, 
 t ) tiie Houthermost main branch, of great Egg-Har- 
 bour river ; thence down the said river to the sea ; thence 
 along the sea-coast to Delaware bay ; thence up the bay 
 to the place of beginning; the land is generally poor, 
 but the adjoining salt marshes serve to breed cattle and 
 horses; these with the red cedar beaches, and fish 
 and oysters, with which the coast abounds, afford the 
 inhabitants an easy maintenance ; the county is divided 
 into three precincts ; the presbyterians have a place for 
 worship in the first; the baptists in the second; the 
 quakers in the third, being that next to the sea. 
 
 HUNTERDON, 
 Was divided from Burlington by act of assembly, 
 in 1713, and named by governor Hunter; the boun- 
 daries were then fixed, but altered in 1738. {See vol. 
 1 of laws, p. 41, 250.) It is situate along the Dela- 
 ware, above the tide, and tho' one of the later settle- 
 ments 
 
 q. This creek wa-^ called by John Fenvvick, Csesarea river, part 
 of the province name, af bein<r ihe most considerable creek that 
 puts out of Delaware into West-Jersey. 
 
Of JSEW-JEESEY. 
 
 499 
 
 ments, is the most populous and opulent county in the 
 province. The land is generally good for tillage; wheat, 
 the staple ; their flour is carried to New- York and 
 Philadelphia markets : The courtsare held at Trenton, 
 a place of concourse and lively trade : It stands at the 
 head of the tide, and in a high pleasant situation ; the 
 inhabitants have a public library. In this county 
 resides John Reading, Esq; late president ,of the 
 council, and twice commander in chief on the deaths 
 of the governors Morris and Belcher : The counties of 
 Morris and Sussex join Hunterdon in the choice of two 
 representatives. Of places for worship, the presbyte- 
 rians have nine, the low Dutch ditto one, German ditto 
 one, episcopalians three, quakers two, baptists two. 
 
 MORRIS, 
 
 Was made a county in 1738 ; and the boundaries 
 then established by law ; but altered by the separation 
 of Sussex, in 1753. {Laws, vol. 1, p. 253. Vol. 2. p. 
 20.) It was named by governor Morris, after his 
 family: This, for a late settled county, is populous: 
 The courts are held at Morris-Town : They raise grain 
 and cattle chiefly for New- York market, and cut large 
 quantities of timber of various sorts for exportation: 
 In this county resides Peter Kemble, Esq ; president 
 of the council. The places for worship in this county, 
 are, presbyterians nine, lutherans one, anabaptists 
 one, quakers one, separatists one, rogereens one. 
 
 SUSSEX, 
 Was named by governor Belcher, after the duke 
 of New-Castle's seat in Sussex: It was divided from 
 Morris by act of assembly, in 1753, and bounded by 
 the mouth of Muskonetkong, where it empties itself 
 into the Delaware, and running up that river to the 
 head of the great pond; thence north-east, to the line 
 
 that 
 
 A.B. 
 
 1765. 
 
600 
 
 The history 
 
 A. D. that divides New- York and New-Jersey ; thence aloner 
 the said line to Delaware; thence down the same to 
 the place of beginning. It being the newest county, 
 and a frontier, is not much improved, and has but 
 few inhabitants : It lies towards the head of Delaware ; 
 about fifteen miles was exposed to the Indians in the 
 late wars, and fortified by a frontier guard, and several 
 block-houses, at provincial expence. The courts for 
 the county are held at Hairlocker's plantation, where 
 a new court-house is lately built: Near the river lies 
 the noted Paoqualin hill, being part of the conti- 
 nental chain or ridge, called the blue mountains, sup- 
 posed to contain valuable ore : Between that and the 
 river, is low intervale excellent land, containing a few 
 plantations. This county raises some wheat, pork and 
 cattle, for New- York and Philadelphia markets, and 
 cuts lumber: It contains of low Dutch presbyteriaa 
 meeting houses five, baptists two, German lutlierans 
 one, quakers one. 
 
 Of COURTS. 
 
 These are ; First, chancery : Second, the governor 
 and council : Third, the prerogative court, relating 
 to the probate of wills, and granting letters of admini- 
 stration on intestates effects : Fourth, courts of vice ad- 
 miralty : Fifth, supream courts held four times a year, 
 alternately at Burlington and Amboy, and circularly 
 through the counties generally once a year, or oftener- 
 if occasion : Sixth, the sessions, and court of common 
 pleas, for business in the respective counties : Seventh, 
 the justices court, for trial of causes of six pounds and 
 under, in a summary Avay ; these causes are not allowed 
 to be legally decided by a single justice at a tavern, the 
 act expressly barring against it ; for debts above forty 
 
 shillings 
 
 t. Pennsylvania and New-York, both meet against it; but have 
 few setllements. 
 
Of NEW-JERSEY 
 
 m 
 
 fihillings, a jury of six is allowed, if desired. The 
 governor is chancellor. The present justices of the 
 supream court are, Frederick Smyth, Esq ; chief justice ; 
 salary one hundred and fifty pounds per annum. 
 Charles Read, Esq; second justice; salary fifty pounds 
 per annum. John Berrien, Esq; third justice ; salary 
 fifty pounds per annum. Ten pounds is allowed for 
 each of the circuit courts, to the judge holding the same. 
 All the courts are established in virtue of the royal 
 commission; none (except the six pound court) by act 
 of assembly : The common law is in use as in England : 
 The customs and rules of legislation, and practices of 
 the courts, are as near as may be, in the English model ; 
 the latter is thought to be as much so, by good judges, 
 as that of any other colony : Appeals for sums above 
 two hundred pounds sterling, lie home, after having 
 gone through the courts here. Vid. 86th indruGtion, p. 
 255. 
 
 Method of appealing from the plantations, to the 
 king in council, by sir Dudley Ryder, attorney general, 
 afterwards L. C. J. of England. 
 
 " You are to bring your cause to trial, in the chief 
 court or jurisdiction for trial thereof; and if judgment 
 shall be there given against you, then by your attorney, 
 you are to appeal in open court, within fourteen days, 
 to his majesty in council from, the said judgment; and 
 you are to obtain an entry thereof in the register of 
 the court, at the same time offering security to prose- 
 cute such your appeal before his majesty in council, 
 within twelve months, and to abide by his majesty's 
 determination in council therein : You are also to 
 obtain authentick copies, under the publick seal of 
 the province, of all papers and evidences produc'd in 
 your trial, and of all entries, records thereupon; 
 which being done, you are within twelve months, 
 
 to 
 
 A.D. 
 1765. 
 
602 
 
 The history 
 
 A. D. to have the same transmitted here, and to petition his 
 majesty in council, setting forth the whole matter, 
 and pray to be heard thereupon : But in case you shall 
 be refused in the province to be admitted t6 appeal ; 
 you are then likewise to petition his majesty in council, 
 setting forth the whole matter, and to pray, that your 
 appeal may be admitted there; where, upon his maje- 
 sty's admitting your appeal, you are to give security 
 as before, and order will be then given for admitting 
 the said appeal, and for the transmitting hither authen- 
 tick copies of the papers and records, under the 
 publick seal of the province, in order to the hearing 
 all parties thereupon. 
 
 Of beasts. 
 
 The wild beasts, birds and fish, are those common 
 to the rest of the continent ; some of the colonies have 
 much greater variety : Of the first, the panther, deer, 
 bear, woolf, wild-cat, fox red and grey, raccoon, 
 otter and' a few beaver, are the chief : Old settled places 
 have but few of those most voracious ; the small tribe of 
 squirrels, rabbits, minks, ground-hogs, &c. are nu- 
 merous : The deer in every county are plentier than 
 one would expect ; they breed but once a year, with 
 two at a time ; great numbers are destroyed by traps 
 and hunting, and by panthers, wild-cats, and some- 
 times wolves; The way the two first take to effect it, 
 
 may 
 
 u. The enormous iron traps used for deer, with their wide jaws of 
 destruction, are abhorrent to the common principles of humanity: 
 There is no safety for man or beast where they are ; laws to appear- 
 ance well calculated, seem liitherto ineffectual in restraining them, 
 tho' so extreamly and commonly dangerous; till active men in 
 neiijhbourhoods, will unite to exert themselves, and make it a com- 
 mon concern to discourage them, 'tis feared the danger will remain: 
 Still worse is the practice of setting sharp stakes and loaded guns; 
 these are scarcer, but ought to be justly detected, as below the rights 
 of humanity, even with respect to brutes, and as common nusancea 
 to mankind, where ever they are.. 
 
Op new- jersey. 
 
 may be known by an instance near Crosswicks, 1748, 
 An Indian hunting, discovered a large buck feeding, 
 creeping to shoot, he heard something among the bushes, 
 presently saw a panther with his eyes so intent on the 
 buck, that he did not perceive him : the Indian watch- 
 ing his motions, observed, that while the buck had 
 his head down to feed, the panther crept, but when he 
 held it up, lay snug; he at last got unperceiv'd, within 
 about twenty feet, and then making a desperate leap, 
 fixed his talons in the buck's neck ; after he had nearlv 
 kill'd him, he would cease for a minute, give a watch- 
 ful look round, and then fall to shaking again ; having 
 done his work, and about to draw the carcass to a heap 
 of leaves for future service, the Indian shot, and got 
 both : They sometimes take their prey by suddenly 
 jumping out of trees; so the wild-cats also commonly 
 eifect it ; these fix on young cattle so eagerly, as to be 
 sometimes brought home on their backs : Some instan- 
 ces of the wolves killing deer, have been known ; tho' 
 but seldom, and chiefly by accident : The bucks also 
 kill one another in fighting, by entangling in the horns, 
 and so die and rot ; they have been taken alive so 
 fastened, and the horns of others found : The deer are 
 sometimes white, and sometimes spotted nearly like the 
 common colour of fauns ; but these are rare ; brown is 
 the usual colour. 
 
 The rattle-snake, as the country settles thick, are 
 but little known ; many old inhabitanls have never seen 
 them alive: The mischief they have yet done, is incon- 
 siderable, their power and opportunities considered : 
 This is remarkable ; they have an astonishing charm 
 
 in 
 
 %. A pemm having one taken alive, and brought in a snaall 
 bnsket cover'd, the man that brought it, Siit with the basket between 
 his knees; he wantonly took off the cover; the unake ciught his 
 attention; he was imtnediarely surprisingly affected, and expres,-'d 
 afterwards every thing attractive, as to tiie penetrating force of the 
 
 snake's 
 
The history 
 
 in their eyes; the venom of their bite is perhaps 
 without comparison ; yet their power is happily circum- 
 scribed in a way the most effectual, that is, by not 
 having a will to mischief equal to the means, otherwise 
 there would, in some places, scarcely have been any 
 living among them ; at least before antidotes were dis- 
 covered by the Indians : Formerly they were thick and 
 plenty in particular places ; and yet in the new settled 
 parts, are common, especially in the spring, when 
 from their winter's retreat, they prepare for a summer's 
 separation : A surveyor, with his eye on a distant object 
 unawares among a parcel of these, one would think in 
 a poor situation ; yet an instance of this but lately hap- 
 pened : He had taken a long view in the spring on the 
 south of a hill, and keeping his eye to the object, 
 without attending so much to his feet, was first alarra'd 
 with a sm^'ll rank and disagreeable, and then an unu- 
 sual noise, on which, looking about, he saw the leaves 
 in motion, and woods alive with rattle-snakes ;y- he 
 got off by care in his steps, without harm. They choose 
 
 for 
 
 snake's eye, the snake all the while kept rattling: with fury; the 
 man's own action was lost in amazement atid terror; and had not 
 another present, put the cover on the basket, he had probably been 
 bit. 
 
 y. Half a dozen or less, with their tails in motion, might answer 
 this purpose ; but he was too much frighted to count; there might 
 however be many more, as there frequently are numbers together, 
 when they first leave their holes in the spring. One Robins, in 
 Amwell, Hunterdon county, at a spot on his own plantation, had 
 upwards of 90 kili'd in each of three springs succes^ively : The 
 parlies performing it, bark'd young chestnut trees of liie size of their 
 own legs, and tied them on; thus accoutred, they effected their 
 business without much danger; but the snakes frequently bit the 
 bark. Instances need not be multiplied in a case well known; or 
 others where the snakes were much more numerous, might be 
 given. At one of the (juarries, where stone was got for Prince- 
 Town college, the work-men came to an aperture in the rock, about 
 eighteen inches wide, ten feet long, and six deep, in which they 
 found near twenty bushels of snakes bones; they were supposed to 
 have got in through winding crevices of the rock in tlie fall, and in 
 their weak state in the spring, not able to get out again. 
 
« 
 
 Of JJ- E W - J E R S E Y 505 
 
 for winter, the sunny side of hills, among rocks, where A. D. 
 
 these can be had, or holes under trees, and in springy 
 
 warm places : There have been dug up in their torpid 
 
 state, different sort of snakes interwoven among one 
 
 another, in great regularity, with their heads uniformly 
 
 sticking out at the top : They obtain much of their 
 
 food by striking a terror with their rattle at first, and 
 
 then catching the eye of the frighted object. ' It is com- 
 
 ' monly said, that this (the rattle) is a kind contrivance 
 
 ' of divine providence, to give warning to passengers, 
 
 ' by the noise which this part makes, when the crea- 
 
 ' ture moves, to keep out of the way of its mischief ; 
 
 ^ now this is a mistake. It is beyond all dispute, that 
 
 ' wisdom and goodness shine forth in all the works of 
 
 ' the creation ; but the contrivance here is of another 
 
 ' kind than is imagined. 
 
 ' All the parts of animals are made either for the 
 ^ preservation of the individual, or for the propagation 
 
 * of its species ; this before us is for the service of the 
 ^ individual : This snake lives chiefly upon squirrels 
 
 ' and birds, which a reptile can never catch without 
 ^ the advantage of some management to bring them 
 ' within its reach; the way is this; the snake creeps 
 ^ to the foot of a tree, and by shaking his rattle, 
 ^ awakens the little creatures which are lodg-ed in it : 
 ' they are so frightened at the sight of their enemy, who 
 
 * fixes his lively piercing eyes upon one or other of 
 
 ' them, that they have no power to get away, but leap ^ 
 ' about from bough to bough, till they are quite tired, 
 'and at last falling to the ground, they are snapped 
 ' into his mouth. This is by the people of the country 
 'called charming the squirrels and birds. 
 
 'It 
 
 z. It is reported, with circumstances of great credibility, that the 
 Indians liere had a method of tnking these animals, by the meer 
 chiirm of fixing their eyes, whence they have by degrees leaped 
 down into possession. 
 
606 
 
 The history 
 
 A. 1). ' It must likewise be observed, that this snake doea 
 
 ' not make any noise with its rattle, in the common 
 ' motions of its body. 
 
 ' There is something like this in the lion's hunting 
 ' for his food ; the hungry tyrant, by his terrible roaring 
 
 * in the woods, rouses the lesser beasts out of their 
 /holes; they running 'about in fright and surprise, are 
 ' easily seized, and become a prey to his devouring 
 'jaws. 
 
 ' And I have myself seen, upon a hawks settling 
 ' upon a tree in a garden, the little birds all about it^ 
 ' so struck with fear, that though they could fly back- 
 ' wards and forwards, for some little distance, yet 
 
 * they have not been able to get away from the ravenous 
 ' destroyer,"- ' 
 
 Though the use of the rattle seems principally de- 
 signed for procuring food, it has certainly been the 
 means of preservation in respect to mankind ; as that 
 alarm is frequently known to warn the unsuspecting 
 traveller of imminent danger ; that the fascinations of 
 their eye is necessary to their existence, seems beyond a 
 doubt ; inactive and sluggish by nature, they have but 
 little other probable means, and have been seen and 
 kill'd in the act even with foxes detained in this man- 
 ner.^' No instance occurs of their hunting men, unless 
 
 first 
 
 a. Dr. Mead, vid. his medical works, quarto, edit. 1762, p. 59. 
 60 here may be seen an accurate description of the head and teeth. 
 For an exact view and description of the snake, see Calesby's Nat. 
 Hist, and supplement to the Gent. Mag. for 1753. 
 
 6. A person of undoubted credit relates of his own knowledge, 
 two instances of this attended with such circumstances, as leaves 
 very little room for doubt. 'In the end of May, 17 15, stopping 
 'at an orchard by the road side to get some cherries, being three of 
 *U8 in company, we were entertained with the whole process of a 
 'charm berween a rattle-sn;ike and a hare, the hare being better 
 'than hrtlf grown. It happened thus; one of the company in his 
 'search for the best cherries espied the hare sitting, and although 
 'he went close by her she did not move, till he (not suspecting the 
 
 occasiou 
 
Of n e w- J ers e:y. 
 
 first disturbed ; then indeed they seldom fail.. Very 
 lately near Burlington, a mower without stockings,. 
 
 dra\ying 
 
 'occasion of her gentleness) gave her a lash with his whip; tliia 
 'made her run al)out ten foot, and there sit down again. The 
 'gentleman not finding the cherries ripe, immediately returned the- 
 'same way, and near the place where he struck the hare, he spied a. 
 'rattlesnake; still not suspecting the charm, he goes back about 
 'twenty yards to a hedge to get a stick to kill the snake, and at his 
 'return found tiie snake removed, and coiled in the same piffce from 
 ' whence he had moved the hare. This put him into immediate 
 'thoughts of looking for the hare again, and he soon spied her 
 'about ten foot off the snake, in the same place to wliich siie had 
 'started when he whipt her. She was now lying down, but wouldi 
 ' sometimes raise herself on her fore-feet struggling as it were for 
 'life or to get away, but could never raise her hinder parts from 
 'the ground, and then would fall fiat on her side again, paniing 
 'vehemently. In this condition the hare and snake were when he- 
 'called me: and though we all three came up within fifteen foot of 
 'the snake to have a full view of the whole, he took no notice at 
 'all of us, nor so much as gave a glance towards us. There we 
 'stood at least half an hour, the snake not altering a jot, but the 
 'hare often struggling and falling on its side again, till at last the- 
 ' hare lay still as dead for some time. Then the snake moved out: 
 'of his coil, and slid gently and smoothly on towards the hare, his 
 'colours at that instant being ten times more glorious and shining 
 'than at other times. As the snake mov'd along, the hare hap- 
 'pened to fetch another struggle, upon which the snake made a stop, 
 'lying at his length, till the hare had lain quiet again for a short 
 'space; and then he advanced again till he came up to the hinder- 
 'parts of the hare, which in all this operation had been towards the 
 '.snake; there he made a survey all over the hare, raising part of 
 'his body above it, then turn'd oft' and went to the head and nose 
 'of the hare, after that to the ears, took the ears in his mouth (me 
 'after the other, working each apart in his mouth as a man does a wafer 
 'to moisten it, then returned to the nose agiiin, and took the face into 
 'his mouth, straining and gathering his lips sometimes by one side 
 'of his mouth, sometimes by the other ; at the shoulders he was a long; 
 ' time puzzled, often lialing and stretching the hare out at length, 
 'and straining forward first one side of his mouth then the other, till. 
 ' got at last he the whole body into his throat. Then we went to- him, 
 'and taking the twist band oft" from my hat, I made a noose and. 
 'put it about his neck : This made him at length very furious, but we 
 'having secured him, put him into one end of a wallet, and carried 
 'him on horseback five miles to mr. J. B's house wliere we lodged> 
 'that night, with a design to have sent him to dr. C. at Williams^ 
 'burg ; but rar. B. was so careful of his slaves, that he would not let 
 'him be put into his boat for fear he ahould get loose and mischief 
 
 them 
 
ms 
 
 The history 
 
 drawing a foot, so as to touch one, as he lay coiled 
 among the grass, he bit him behind the ancle; the first 
 
 notice, 
 
 'them; therefore the next raorninf? we killed him, anri took the 
 ' liare out of his belly, the head of the hare beg in to be digestetl, 
 'and the hair falling off", having lain about eighteen hours in the 
 'snake's belly. 
 
 ' In my ymith I was a bear-hnnting in the woods above the inha- 
 'bitants, and having straggled from my companions, I was enter- 
 'tained at my return, with the relation of a pleasant rencounter, 
 'between a dog and a rattle-snake, about a squirrel. Tiie <nake 
 'had got the head and shoulders of the squiriel into liis mouth, 
 'which being something too large for his throat, it to(»k him up 
 'sometime to moisten the fur of the squirrel with his spawn, to 
 "'make it slip down. The dog took this advantage, ^-eizM the 
 ' hinder parts of the squirrel, and tug'd with all his migiit. Tlie 
 'snake on the other side would not It't go Ids hoM for a long time, 
 'till at last, fearing he tnight be bruised by the dog's running away 
 'with, him, he gave up his prey to the dog, the dog eat the 
 'squirrel, and fell no harm. 
 
 'Another curiosity concerning this viper, which I never met with 
 'in print, I will also relate from my own observation. 
 
 'Some time after my observation of the charm, my waiting boy 
 'being sent abroad on an errand, also look up(m himself to bring 
 'home a rattle snake in a noose. I cut off the head of this siuiUe, 
 'leaving about an inch of the neck with it; this [ laid upon the 
 'head of a tobacco hogshead, one S. L. a carpenter, now alive, 
 'being with me. Now you must note, that these snakes have but 
 'two teeth, by which t;hey convey their poison', and they are placed 
 'in the upper jaw, pretty forward in the moiuh, one on each side; 
 ' these teeth are hollow and crooked like a cock's spur; they are 
 'also loose or springing in the mouth, and not fastened in the jaw- 
 'bone as all the other teeth are; the hollow has a vent also through 
 ' by a small hole a little beh)W the point of the tooth ; these two 
 * teeth are kept lying down along the jaw, or shut like a spring-knife, 
 'and don't shrink up as the talons of a cat or panther; that have 
 'also over them a loose thin film or skin of a flesh colour, which rises 
 'over them when they are raised, which I take to be only at the 
 'will of the snake to do injury; this skin does not break by the 
 'rising of the tooth only, but keeps whole till the bite is given, and 
 ■'then is pierced by the tooth, by which the poison is let out. The 
 'head being laid upon the hogshead, I took two little twigs or 
 'splintei's of slicks, and having turn'd the head ufxm its crown, 
 ' opened the mouth, and lifted up the fang or springing tooth on 
 'one side several times, in doing of which 1 at last broke the skin ; 
 'the head gave a sudden champ with its mouth, breaking from my 
 'sticks, in which I observed that the poison ran down in a lump like 
 ' oyl, round the root of the tooth. Then 1 turn'd the other side of 
 
 'the 
 
Op NEW-JEESEY. 
 
 notice the man had, was feeling something prick in that 
 spot; on which turning his head, he saw the snake; 
 another in company immediately killed him, and 
 fetching salt, that applied, prevented the venom spread- 
 ing much higher than the knee; he afterwards used 
 sweet oil, and the seneca rattle snake root ; the last he 
 thought the most effectual : He got well in a few 
 days; a small scar remained. 
 
 Thomas Budd, a proprietor and settler in West- 
 Jersey, in a pamphlet, published about 1686, says, 
 'The rattle snakes are easily discovered; they cora- 
 
 * monly lie in the paths, for benefit of the sun; if any 
 ' person draws nigh them, they shake their tail, on 
 ' which the rattles grow ; this makes a noise like a 
 ' chilvi's rattle : I never heard of but one person bitten 
 *in Pennsylvania or New Jersey ; he was helped by 
 ' live chickens slit asunder and applied to the place, 
 'which drew out the }X)ison : As to other snakes, the 
 ' most plentiful are the black snake; its bite 'tis said, 
 
 * does no more liarm than the jjrick of a pin/ 
 
 The 
 
 'tlie hend, and resolved to be more rarefnl to keep the month open 
 'on tlie like ofension, iiiid observe nH)re narrowly the conseiinenoe ; 
 ' for it is ohserveil, tliMt though the heads of sn-ikes, terr!ii)ins and 
 'such like vermin, be < lit oiY, vet the body will not die in a long 
 'lime after; ihe geiifral saving is till the sun sets. After opening 
 'the month on tiie otiier side, and lifiing up tiiat fang also several 
 'limes, he endeavoured to give an'>tht-r bile or champ; but 1 kept 
 ' Ids mouth open, and the tooih pierced the Him and emitted a stream 
 ' like one full of blood m l)lofHi-leiti.jg, and (!ast some drops upon, 
 'the sleeve of the carpenter's shirt, who bad no waistcoat on. I 
 'jKlvised him lo pull off his shirt, but he would not, and received no. 
 'harm; and liiu' nothing could then be seen, of 1/ upon the shirt, 
 ' vet in wasliing there appeared five green speciks, which every 
 ' wa-hing appeared plainer ami plainvr, and I isted so long as the 
 'siiirl did, which tiie carpenter told me was about three years alter. 
 'The bead we threw afterwards down iiimn ilie ground, and a ?ow 
 ' came and e:iL it before our fact-s ; and rtceived no harm. Now 
 'I believe, hid this poi-on lighted upon any place of ihe carpen- 
 'icr's skin, that was scratched or hint, it might have poisoned him. 
 ' I lake I be pois<m to rest in a small bag or n-ceptacle in the hollow 
 'at tiie root of these teeih ; but I never bad the opportunity after- 
 ' ward-i to make a farther discovery of. that.. Beuevly's Hist, of Virg.. 
 ' p. 262, to 26G. 
 
610 
 
 The history 
 
 The wampum snake is very large, of a black and 
 white colour ; but harmless. The horn or horned 
 -snake is scarce, and but few have seen them, whence 
 imany, especially abroad, have doubted there being 
 :any such : A person of credit in Gloucester county, 
 being in the woods not long since, and approaching 
 a place where his dog was un(;ommonly barking, disco- 
 vered a very large snake, and trying to kill it, an intol- 
 lerable stench prevented his getting near enough ; at 
 length he threw a club at a venture, and going next 
 'day to see the effect, found the snake killed: It was 
 uncommonly long and thick, and had a horn at the 
 end of his tail, resembling a cock's spur. It is said 
 they strike this horn even into trees, and kill them. A 
 person of credit now living in Burlington county, also 
 irelates, that he has seen four, kill'd three of these 
 snakes,^- one of them were six or seven feet long : As 
 to colour, they are chequered with a yellowish brown 
 and white, and when disturbed, hiss like a goose. These 
 particular instances were here preferred to a more gene- 
 ral account, as more likely to contribute towards 
 putting their existence out of dispute. The viper and 
 many other snakes abound also ; but none remarkable 
 enough to require a particular description here. 
 
 Of FISH. 
 
 Tliese in great variety, are plenty along the coast, 
 in the Delaware and the north river; the most noted 
 are, sturgeon, rock, cod, sheep's-head, horse-mackrel, 
 black-fish, sea-bass, flounders, shad, herrings, mun- 
 ches, trout, pike, perch, red perch, sun-fish, many 
 inferior sorts ; besides, oysters, clams, and other shell 
 fish : Most of these supply in great part the New- York 
 • and Philadelphia markets.: The sturgeon are plenty 
 
 up 
 
 'C. His son kill'd one this present summer 1765. 
 
Of IS^EW-JERSEY. 
 
 511 
 
 up the rivers, and when more generally manufactured, 
 will probably answer well in remittances. It is said 
 they will grow fat in ponds, and live through the 
 winter. 
 
 BIRDS. 
 
 Of these there are great plenty ; as the wild turkey, 
 wild geese, wild ducks of many kinds, wild pigeons, 
 brant, pheasants, heath-hen, partridges, larks, wood- 
 cocks, plovers, snipes, kildees, and great variety of 
 other small birds, a few storkes and cranes, many 
 herons, hawks, turkey-buzzards, crows, and all other 
 birds of prey common to the continent : The wild 
 geese, in autumn, flock to the marshes on the sea shore, 
 and are often kilFd by gunners ; in the spring they re- 
 turn to breed at the northern lakes. The wild pigeons, 
 at three or four seasons in the year, commonly pay a 
 visit (except in seed time) generally acceptable : They 
 have not been observed of late years so plenty as for- 
 merly; they then, sometimes, to avoid the north-east 
 storms, flew night and day, and thick enough to darken 
 the air, and break trees where they settled, and were 
 more tame and more wanted ; all which made them an 
 article of consequence to the early inhabitants : The 
 Indians, before the European settlements, used every 
 year regularly to burn the woods, the better to kill 
 deer ; the manner was to surround a swamp or cripple 
 with fire, then drive the deer out, who not daring over 
 the bounds, were easily kill'd with bows and arrows; 
 this practice kept the woods clean, so that the pigeons 
 readily got acorns, which then not being devour'd by 
 hogs, were plenty almost every where, and induced a 
 return more frequently than now : They breed chiefly to 
 the northward. 
 
 APPENDIX. 
 
 A. D. 
 1758. 
 
[ 512 ] 
 
 APPKNDIX. 
 
 NUMBER I. 
 
 The Goneessions and agreement of the lords proprietors of 
 the provinee of New-Csesarea, or New-Jersey, to 
 and with all and every, of the adventurers, and all such 
 as shall settle or plant there. 
 
 J^^J)^ TM PRIM US, We do consent and agree, thait the governor of 
 1664.' (^'le said province haih power, by the advice of liis council, to 
 
 depute one in his place and authority, in case of death or removal, 
 to continue until our further order, unless we have commissioned' 
 one before. 
 
 2. Item. That he hath likewise power to make choice of, and 
 take to. him six oouncellors at least, or twelve at most, or any 
 even number betwixt s-ix and twelve, with whose consent and advice, 
 or with at least three of the six, or four of a greater number 
 (all being summon'd ) he is to govern according to the limitations 
 and instructions following, during our pleasure. 
 
 3. Item. That the chief secretary or register whicli we liave 
 chosen, r)r shall choose, (we failing) that he shall choose, shall keep 
 exact entries in fair books, of all publick aflfkirs: And to avoid' 
 deceits and lawsuits, shall record and enter all grants of land from 
 the lords to the planters; and conveyances of land, house or 
 houses, from man to man, as also all lea-es for land, house or houses, 
 made or to be made by the landlord to any tenajit, for more than one 
 year; which conveyance or lease shall be first acknowledj^ed by 
 the grantor or lessor, or proved by the oath of two witnesses to the 
 lease or conveyance, before the governor, or some chief judge of a 
 court, for the time being, who shall under his hand, on the backside 
 of the said deed or lease, attest the acknowledgement or proof aa 
 aforesaid; which shall be a warrant for the register to record the 
 same: Which conveyance so recorded shall be good ami effectual in- 
 law, notwithstanding any other conveyance, deed or lease l"or the 
 said land, house or houses, or for any part thereof, altho' dated 
 before the conveyance, deed or lease, recorded as aforesaid : And 
 the said register shall do all other thing or things that we by our in- 
 structions shall direct, and the governor, council and general assembly 
 shall ordain., for ihe good and welfare of the said province. 
 
 4. Item. That the surveyor general that we have chosen or shall 
 choose, (we failing that the governor shall choose) shall have power 
 by himself or deputy, to survey, lay out and bound all such lands 
 as shall be granted from the lords to the planters; and ail other 
 lands within the said province, which may concern particular men, 
 as he shall be desired to do, and a particular accouat thereof certity 
 
 to 
 
APPENDIX. 
 
 613 
 
 to the register, to be recorded as aforesaid. Provided, that if the said A. D. 
 register and surveyor, or either of them, shall misbehave themselves, 1664, 
 as that the governor and council, or deputy governor and council, 
 or the major part of them, shall find it reasonable to suspend their 
 actings in their respective employments, it shall be lawful for them 
 so to do, until further orders from us. , , 
 
 5. Iteip. That the governor, councillors, assembly men, secretary, 
 surveyor, and all other officers of trust, shall swear or subscribe (in 
 a book to be provided for that purpose) that they will bear true ' 
 allegiance to the king of England, his heirs and successors; and 
 that they will be faithful to the interests of the lords proprietors of 
 of the said province, and their heirs, executors and assigns ; and 
 endeavour the peace and welfare of the said province ; and that they 
 will truly and faithfully discharge iheir respective trust, in their re- 
 spective offices, and do equal justice to all men, according to their 
 best skill and judgment, without corruption, favour or affection ; 
 and the names of all that have sworn or subscribed, to be entered in 
 
 a book : And whosoever shall subscribe and not swear, and shall 
 violate his promise in that subscx-iption, shall be liable to the same 
 punishment that the persons are or may be, that have sworn or 
 broken their oaths. 
 
 6. Item. That all persons that are or shall become subjects of the 
 king of England, and swear or subscribe allegiance to the king, and 
 faithfulness to the lords, shall be admitted to plant, and become 
 freemen of the said province, and enjoy the freedoms and immunities 
 hercHfter express'd, until some stop or contradiction be made by us 
 the lords, or else the governor, council and assembly; which shall 
 be in force until the lords see cause to the contrary : Provided, that 
 such stop shall not any ways prejudice the right or continuance of 
 any person that have been received before such stop or orders come 
 from the general assembly, 
 
 7. Item, That no person qualified as aforesaid, within the said 
 province, at any time shall be any ways molested, punished, disquieted 
 or called in question, for any difference in opinion or practice in 
 matters of religious concernments, who do not actually disturb the 
 civil peace of the said province ; but that all and every such person 
 and persons, may, from time to time, and at all times, freely and 
 fully have and enjoy his and their judgments and consciences, in 
 matters of religion, throughout the said province, they behaving 
 themselves peaceably and quietly, and not using this liberty to licen- 
 tiousness, nor to the civil injury 6r outward disturbance of others ; 
 any law, statute or clause contained, or to be contained, usage or 
 custom of this realm of England, to the contrary thereof in any 
 wise notwithstanding. 
 
 8. Item. That no pretence may be taken by our heirs or assigns, 
 for or by reason of our right of patronage and power of advouson 
 granted by his majesty's letters patents, unto his royal highness 
 James duke of York, and by his said royal highness unto us, thereby 
 to infringe the general cause of liberty of conscience aforementioned : 
 We do hereby grant unto the general assembly of the said province, 
 
 power 
 
 2k 
 
514 
 
 APPENDIX. 
 
 A. I). power by act, to constitute and appoint, such and so many ministers 
 1664. or preachers a^ they fihall thinkfil, and to establish their maintenance, 
 giving liberty beside to any person or persons to keep and maintain 
 what preaciiers or ministers they please. 
 
 9. Item. That the inhabitants being freemen, or chief agents to 
 others of the province aforesaid ; do, as soon as this our commission 
 shall arrive, by virtue of a writ, in our names, by the governor, to 
 be for the present (until our seal comes) sealed and signed, make 
 • choice of twelve deputies or representatives, from amongst them- 
 selves; who being chosen, are to join with the said governor and 
 council, for tlie making of such laws, ordinances and constitutions 
 as shall be necessary for the present good and welfare of the said 
 province : But so soon as parishes, divisions, tribes, and other distinc- 
 tions are made, that then the inhabitants or freeholders of the several 
 respective parishes, tribes, divisions and districtions aforesaid, do by 
 our writs, under our seals, (which we ingage shall be in due time 
 issued) annually meet on the first day of January, and choose free- 
 holders for each respective division, tribe or parish, to be the de- 
 puties or representatives of the same: Which body of representa- 
 tives, or the major part of them, shall, with the governor and 
 council aforesaid, be the general assembly of the said provinc^e; the 
 governor or his deputy being present, unless they shall wilihlly refuse; 
 in which case they may appoint themselves a president during the 
 absence of the governor, or the deputy governt^r. 
 
 Which assemblies are to have power, 
 First. To appoint their own time of meeting, and to adjourn their 
 sessions from time to time, to such times, and places as they shall 
 think convenient; as also to ascertain the number of their quorum; 
 provided, the said number be not less than the third part of the whole, 
 in whom (or more) shall be the full power of the general assembly. 
 
 Secondly. To enact and make all such laws, acts and constitutiona 
 as shall be necessary for the well government of the said province, 
 and them to repeal : Provided, that the same be consonant to reason, 
 and as near as may be, conveniently agreeable to the laws and 
 customs of his majesty's kingdom of England : Provided also, that 
 they be not against the interest of us the lords proprietors, our heirs 
 or assigns, nor any of those our concessions, especially that they be 
 not repugnant to the article for liberty of conscience abovemen- 
 tioned ; which laws, <%c. so made, shall receive publication from 
 the governor and council, (but as the laws of us and our general 
 assembly) and be in force for the space of one year, and no more; 
 unless contradicted by the lords proprietors ; within which time, they 
 shall be presented to us, our heirs, &c. for our ratification; and 
 bemg confirmed by us, they shall be in continual force, till expired 
 by tlieir own limitation, or by act of repeal, in like manner to be 
 passed as aforesaid, and confirmed. 
 
 Thirdly. By act as aforesaid, to constitute all courts, together 
 with the limits, powers and jurisdictions of the same, as also the 
 several offices, and number of the officers belonging to each court, 
 with their respective salaries, fees, and perquisites, iheir appellations 
 and dignities, with the penalties that shall be due to them, for the 
 breach of their several and respective duties and trusts. 
 
APPENDIX. 
 
 615 
 
 Fourthly, By act as aforesaid, to lay equal taxes and assessments A. D. 
 equally to raise monies or goods upon all lands (except such as belong 1664. 
 to us the lord proprietors before settling) or persons within the several 
 precincts, hundreds, parishes, manors, or whatsoever other divisions 
 shall hereafter be made, and established in the said province, as 
 often as necessity shall require, and in such manner as to them shall 
 seem most equal and easy for the said inhabitants, in order to the 
 better supporting of the publick charge of the said government, 
 and for the mutual safety, defence, and security of the said pro- 
 vince. 
 
 Fifthly. By act as aforesaid, to erect within the said province, such 
 and so many manors, with tiieir necessary courts, jurisdictions, free- 
 doms and privileges, as to them shall seem meet and convenient; as 
 also to divide the said province into hundreds, parishes, tribes, or 
 such other divisions and districtions as they shall think tit, and the 
 Raid divisions, to distinguish by what names we shall order or direct, 
 and in default thereof, by such names as they please; as also in the 
 said province to create and appoint such and so many ports, har- 
 bours, creeks and other places, for the convenient loading and 
 unloading of goods and merchandize, out of sliips, boats, and other 
 vessels, as shall be expedient with such juristiictions, privileges 
 and franchises, to such ports &c. belonging, as tiiey shall jnrlge most 
 conducing to the general good of the said plantation or provmce. 
 
 Sixthly. By their enacting, to be confirmed as aforesaid, to erect, 
 raise and build within the said province, or any part thereof, such ^ 
 and so many forts, fortresses, castles, cities, corporations, boroughs, 
 towns, villages, and other places of strength and defence ; and them, 
 or any of them, to incorporate with such charters and privileges, as 
 t-u them shall seem good, and the grant made unto us, will permit ; and 
 the same, or any of them, to fortify and furnish with suiJi provisions 
 and proportions of ordnance, powder, shot, armour, and all other 
 weapons, araraimition and habiliments of war, both offensive and de- 
 fensive, as shall be thought necessary and convenient for the safety and 
 welfare of the said province ; but they may not at any time demolish, 
 dismantle, or disfurnish tlie same, without the consent of the 
 governor and the major part of the council of the said province. 
 
 Seventhly. By act as aforesaid, to constitute trained bands and 
 companies, with the number of soldiers, for the safety, strength, 
 and defence of the said province, and of the forts, castles, cities, &c. 
 to suppress all mutinies and rebellions, to make war offensive and 
 defensive, with all Indians, strangers and foreigners, as they shall 
 see cause ; and to pursue an enemy as well by sea as by land (if need 
 be) out of the limits and jurisdictions of the said province, with the 
 particular consent of the governor, and under his conduct, or or 
 our commander in chief, or whom he shall appoint. 
 
 Eighthly. By act aforesaid, to give to all strangers, as to them 
 shall seem meet, a naturalization, and all such freedoms and privileges 
 within the said province, as to his majesty's subjects doof right belong, 
 they swearing or subscribing as aforesaid; which said strangers, so 
 naturalized and privileged, shall be in all respects accounted in the 
 «aid province as the king's natural subjects. 
 
 Ninthly, 
 
616 APPENDIX. 
 
 A. D. Ninthly. By act as aforesaid, to prescribe the quantities of 
 
 1664. land which shall be from time to time allotted to every head, free 
 or sc-vant, male or female, and to make or ordain rules for the 
 casting of lots for land, and the laying out of the same: Provided, 
 that they do not in their prescriptions, exceed the several proportions 
 which are hereby granted by us, to all persons arriving iii the said 
 province, or adventuring thither. 
 
 Tenthly. The general assembly, by act as aforesaid, shall make 
 provision for the maintenance ar)d support of the governor, and IV r 
 the defraying of all necessary charges of the govertitnent ; as also the 
 constables of the said province, shall collect the lords rent, and shall 
 pay the same to the receiver that the lords shall afjpoint to receive the 
 same; unless the said general assembly shall prescribe some other way 
 whereby the lords may have their rents duly collected, without 
 charge or trouble to them. 
 
 Eleventhly, and lastly. To enact, constitute and ordain, all such 
 other laws, acts and constitutions, as shall or may be necessary for 
 the good prosperity and settlement of the said province (excepiing 
 what by tliese presents is excepted) and conforming to the limitations 
 herein exprest. 
 
 The governor is with his council before expressed. 
 First. To see that all courts established by the laws of the general 
 assembly, and all ministers and officers, civil and military, do and 
 execute their several duties and offices respectively, according to the 
 laws in force, and to punish them for swerving from the laws, or 
 acting contrary to their trust, as the nature of their offences Lhall 
 require. 
 
 Secondly, According to the constitution of the general assembly, 
 to nominate and commissionate the several judges, members and 
 officers of courts, whether magistratical or ministerial, and all other 
 civil officers, coroners, &c. and their commissions, powers and autho- 
 rity, to revoke at pleasure. Provided, that they -appoint none but 
 such as are freeholders in the province aforesaid, unless the general 
 assembly consent. 
 
 Thirdly, According to the constitution of the general assembly, 
 to appoint courts and officers, in cases criminal, and to impower 
 them to inflict penalties upon offenders, against any of the laws ia 
 force in the said province, as the said laws shall ordain ; whether by 
 fine, imprisonment, banishment, corporal punishment, or to the 
 taking away of member or life itself, if there be cause for it. 
 
 Fourtlily. To place officers and soldiers for the safety, strength and 
 defence of the forts, castles, cities, &c. according to the number 
 appointed by the general assembly, to nominate, place and commis- 
 sionate all military officers under the dignity of the said governor, who 
 iscommissionated by us, over the several train'd bands and companies, 
 constituted by the general assembly, as colonels, captains, &c. and 
 their commissions to revoke at pleasure: The governor, with the 
 advice of his council, unless some present danger will not permit 
 him, to advise to muster and train all forces within the said pro- 
 vince, to prosecute war, p.ursue an enemy, suppress all rebellions 
 
APPENDIX. 61T 
 
 and imitinies, as well by sea as land; and lo exercise the whole A. D. 
 militia, as fully as we by the grant from his royal highness can im- 1664. 
 power them to do:: Provided, tiiat they appoint no miliiary fdrces but 
 what are freeholders in the said province, unless the general assembly 
 shall consent. 
 
 Fifthly. Where they see cause, after condemnation, to reprieve, 
 until the case be presented, with a copy of the whole trial, proceed- 
 injis and proofs, to the lords, who will accordingly either pardon 
 or command execution of the sentence on the offender; who is in 
 mean time to be kept in safe custody, till the pleasure of the lords 
 be known. 
 
 ISixthly, In case of death or other removal of any of the repre- 
 sentatives within the year, to issue summons, by writ, to the respec- 
 tive division or divi^ons for which he or they were chosen, com- 
 manding the freeholders of the same to choose others in their stead. 
 
 Seventhly, To make warrants and seal grants of lands, according to 
 thoseour concessionsand the prescriptions by the advice of thegeneral 
 assembly, in such form as shall be at large set down in our instructions 
 to the governor, in his commission, and which are hereafter expres-ed. 
 
 Eighthly, To act and do all other things that may conduce to 
 the safety, peace and well government oi the said province, as they 
 shall see fit; so as they be not contrary to the laws of the said pro- 
 vince. 
 
 And for the better security of all the inhabitants in the said province. 
 
 First. They are not to impose, nor suffer to be imposed, any tax, 
 custom, subsidy, tallage, assessment, or any other duty whatsoever, 
 upon any colour or pretence, upon the said province and inhabitants 
 thereof, other than what shdll be imposed by the authority and con- 
 sent of the general as-^embly, and them only in manner as aforesaid. 
 
 Secondly. They are to take care, that lands quietly held, planted 
 and possessed seven years after its being duly surveyed by the 
 surveyor general, or his order, shall not be subject to any review, 
 re-survey or alteration of bounds, on what pretence soever, by any 
 of us, or any officer or minister under us. 
 
 Thirdly. They are to lake care, that no man, if his cattle stray 
 or range, or graze, on any ground within the said province, not 
 actually appropriated or set out to particular persons, shall be liable 
 to pay any trespass for the same, to us, our heirs, or executors. 
 Provided, that custom of commons be not thereby pretended to, nor 
 any person hindered from taking up and appropriating any lands so 
 grazed upon, and that no person do purposely suffer his cattle to 
 graze on such lands. 
 
 And that the planting of the said province may be the more speedily 
 
 promoted. 
 
 First. We do hereby grant unto all persons who have already 
 adventured into the said province of New-Csesaria, or New-Jersey, 
 or shall transport themselves or servants before the first of day January, 
 which shall be in the year of our lord, 1665, these following pro- 
 portions, viz. To every freeman that shall go with the first governor 
 from the port where he embarks (or shall meet him at the rendezvous 
 
 he 
 
APPENDIX. 
 
 A. D. he appoints for the settlement of a plantation, there armed with as 
 1S64. good ransket, bore twelve bullets to the pound, with ten pounds 
 of powder and twenty pounds of bullets, with bandaliers and 
 matches convenient, and with six months provision ; for his own person 
 arriving; there, one hundred and iifty acres of lanci, English measure ; 
 and for every able man servant, that he shall carry with him, armed 
 and provided as aforesaid, and Hrriving there, the like quantity of 
 one hundred and fifty acres of land, English measure ; and whosoever 
 shall send servants at that time, shall have, for every abl-e man servant 
 he or she shall send armed and provided as aforesaid, and arriv- 
 ing there, the like quaiuity of one hundred and fifty acres; and for 
 every weaker servant or slave, male or female, exceeding the age of 
 fourteen years, which any one shall send or carry, arriving there^ 
 seventy five acres of land ; and to everv christian servant, exceeding 
 the age aforesaid, after the expiration of their time of service, 
 seventy five acres of land for their own uses. 
 
 Secondly. Item, To every master or mistress, that shall go before 
 the first day of January, which shall be in the year of our lord 1665,. 
 one hundred and twenty acres of land ; and for every able man 
 servant, that he or she shall carry or send armeeR and provided as 
 aforesaid, and arriving within the time aforesaid, the like quantity 
 of one.liundred and twenty acres of laud ; and for every weaker 
 servant or slave, male or female, exceeding the age of fourteen 
 years, arriving there, sixty acres of land ; and to every christian- 
 servant, to their own use and behoof, sixty acres of land. 
 
 Thirdly. Item, To every free man or free woman, that shall arrive in 
 the said province, armed and provided as aforesaid, within the second 
 year, from the first day of January 1665, to the first day of January 
 1666, with an intention to plant, 90 acres of land,. English measure 
 and for every able man servant, that he or she shall carry or send 
 armed and provided as aforesaid, ninety acres of land like measure. 
 
 Fourthly, Item. For every weaker servant or slave, aged as afore- 
 said, that shall be so carried or sent thither within the second year, 
 as aforesaid, forty-five acres of land of like measure; and to every 
 christian servant that shall arrive the second year, forty-five acres of 
 land of like measure, after the expiration of his or their time of 
 service, for their own use and behoof. 
 
 Fifthly, Item. To every free man and free woman, armed and 
 provided as aforesaid, that shall go and arrive with an intention to 
 plan!, within the third year, from January 1666, to January 1667, 
 armed and provided as aforesaid, three score acres of land of like 
 measure; and for every able man servant, that he or they shall 
 cany or send within the said time, armed- and provided as aforesaid, 
 the like quantity of three score acres of land ; and for every weaker 
 servant or slave, aged as aforesaid, that he or they shall carry or 
 send within the third year, thirty acres of land ; and to every 
 christian servant so carried or sent in the third year, thirty acres 
 of land of like measure, after the expiration of their time of 
 service. All which land, and all other that shall be possessed in 
 the said province, are to be held on the same terms and conditions 
 as is before mentioned, and as hereafter in the following paragraphs 
 
 is 
 
APPENDIX. 
 
 519 
 
 is more at large expressed. Provided always, that the before menti- A. D. 
 oned land, and all other whatsoever, that shall be taken up and so 1664. 
 settled in the said province, shall afterward from time to time for the 
 space of thirteen years, from the date hereof, be held upon the 
 conditions aforesaid, continuing one able man servant or two such 
 weaker servnnts as albresaid, on every hundred acres a master or 
 mistress shall possess, besides what was granted for his or her own 
 per-on ; in failure of which, upon other disposure to the present 
 occupant, or his assigns, there shall be three years giving to such 
 for their compleating the said number of persons, or for their sale or 
 dispositions of such part of their lands, as are not so peopled within 
 such time of three years : If any such person liolding any land, shall 
 fall, by liimself his agents, executors or assigns, or some other way 
 to provide such number of persons, unle-^s tlie general assembly shall 
 without respect to poverty, judge it was impossible for the party so 
 failing, to keep or procure his or her number of servants lo be pro^ 
 vided for as aforesaid; in such case, we the lords to have power of 
 disposing of so much of sucli land as sliall not be planted with its due 
 number of persons as aforesaid, to some others that will plant the 
 same. Provided always, that no person arriving in the said pro- 
 vince, with purpose to settle (tliey being subjects or naturalized as 
 aforesaid) be denied a grant of such proportions of land, as at the 
 time of their arrival there are due to themselves or servants, by 
 concession from us as aforesaid ; but have full licence to take up'and 
 settle the same, in such order and manner as is granted or prescrib'd. 
 All lands (notwithstandingthe powers in the assembly aforesaid) shall 
 be taken up by warrant irom the governor, and c(miirmed by the 
 governor and council, under a seal to be provided for that purpose, 
 in such order and method, as shall be set down in this declaration, 
 and more at large in the instruction to the governors and council. 
 
 And that the lands may be the more regularly laid out, and all 
 persons the better ascertained of their titles and possession. 
 
 First. The governor and council and general assembly, (if any 
 be) are to take care, and direct that all lands be divided by general 
 lots, none less than two thousand one hundred acres, nor more than 
 twenty-one thousand acres in each lot, excepting cities, towns, &c. 
 and the near lots of townships ; and that the same be divided into 
 seven parts ; one seventh part to us, our heirs and assigns ; the re- 
 mainder to persons as they come to plant the same, in such propor- 
 tions as is allowed. 
 
 Secondly, Item. That the governor, or whom he shall dejmte, 
 in case of death or absence, if some be not before coramissionated 
 by us as aforesaid, to give to every person to whom land is due, 
 a warrant, signed and sealed by himself, and the major part of his 
 council, and directed to the surveyor general, or his deputy, com- 
 manding him to lay out, limit and bound acres of land, (as 
 his due proportion) is for such a person, in such allotment, according 
 to the warrant; the register having first recorded the same, and at- 
 tested the record upon the warrant: The surveyor general, or hia 
 deputy, shall proceed and certify to the chief secretary or register, 
 the name of the person for whom he hath laid out land, by virtue 
 
 of 
 
620 
 
 APPENDIX. 
 
 A. D. of what authority, the date of the authority or warrant, the number 
 1664. of acres, the bounds, and on what point of compass the several 
 limits thereof lye ; which certificate the register is likewise to enter 
 in a book to be prepared for that purpose, with an alphabetical table, 
 referring to the book, that so the certificate may be the easier found ; 
 and then to file the certificates, and the same to keep safely : The 
 certificate being entered, a warrant comprehending all the particulars 
 of land mentioned in the certificate aforesaid, is to be signed and 
 sealed by him and his council, or the major part of them as afore- 
 said, they having seen the entry, and directed to the register or chief 
 secretary, for his preparing a grant of the land to the party for whom 
 it is laid out; which grant shall be in the form following, viz. 
 'The lords proprietors of the province of New-Csesaria, or New- 
 
 * Jersey, do hereby grant unto A. B. of the —in the province 
 
 'aforesaid, a plantation, containing acres, English measure; 
 
 'bounding as in the certificate, to hold to him or her, his or 
 'her heirs and assigns for ever, yielding and paying yearly unto the 
 'said lords proprietors, their heirs or assigns, every twenty fifth day 
 'of March, according to the English accompt, one half penny of 
 'lawful money of England, for every of the said acres, to be holden 
 'as of the manor of East Greenwich, in free and common socage, the 
 'first payment of which rents to begin the 25th day of March, which 
 'shall- be in the year of our lord 1670, according to the English 
 
 'accompt. Given under the seal of the said province, the 
 
 , 'day in the year of our lord 166 '. 
 
 To which instrument the governor or his deputy, hath hereby 
 full power to put the seal of the said province, and to subscribe 
 his name ; as also the council, or major part of them, are to sub- 
 scribe their names, and then the instrument or grant is to be by the 
 register recorded in the book of records for that purpose ; all which 
 being done according to these instructions, we hereby declare, that the 
 same shall be effectual in law, for the enjoyment of the said plantati- 
 on, and all the benefits and profits of and in the same, (except the half 
 part of mines of gold and silver,) paying the rent as aforesaid: Pro- 
 vided, that if any plantation so granted, shall by the space of three 
 years, be neglected to be planted with a sufficient number of servants 
 as is before mentioned, that then it shall and may be lawful for us 
 otherwise to dispose thereof, in whole or in part, this grant notwith- 
 standing. 
 
 Thirdly. Item, We do also grant convenient proportions of land 
 for high ways and streets, not exceeding one hundred feet in breadth 
 in cities, towns and villages, &c. and for churches, forts, wharflfs, keys, 
 harbours, and for publick houses, and to each parish for the use of 
 their ministers, two hundred acres, in such places as the general 
 assembly shall appoint. 
 
 Fourthly, item, The governor is to take notice, that all such lands 
 laid out for the uses and purposes aforesaid, in the next preceding 
 article, shall be free and exempt from all rents, taxes and other 
 charges and duties whatsoever, payable to us, our heirs or assigns. 
 
 Fifthly. Item, That in laying out lands for cities, towns, villages, 
 boroughs, or other hamlets, the said lands be divided into seven parts, 
 
 one 
 
 .V 
 
APPENDIX. 
 
 521 
 
 one seventh part whereof to be by lot laid out for u.s, and the rest A. D. 
 to be divided to such as shall be willing to build lliereon, they paying 1664. 
 after the rate of one penny or half penny per acre, (according to the 
 value of the land) yearly to us, as for their other lands as aforesaid ; 
 which said lands in the cities and towns, &c. is to be assured to each 
 possessor by the same way and instrument, as is before mentioned. 
 
 Sixthly. Item. That all rules relating to the building of each 
 st,reet, or quHUtity of ground to be allotted to each house within the 
 said respective cities, boroughs and towns, be wholy left, by act as 
 aforesaid, to the wisdom and discretion of the general assembly. 
 
 Seventhly. Item. That the inhabitrints of the snid province have 
 free pas.-age ihro' or by any seas, bounds, creeks, rivers, or rivulets (%c, 
 in the .said province, through or by which they must necessarily pass 
 to come trom the main ocean to any part of the province aforesaid. 
 
 Eighthly and lastly. Itshall be lawful for the representatives of the 
 freeholders, to make any address to the lords, touching the governor 
 or council, or any of them, or concerning any grievance whatsoever, 
 or for any other thing ihey shall desire, without tlie consent of the 
 governor and council, or any of them. Given under our seal of our 
 said province, the 10th day of February, in they ear of our lord 1664. 
 
 Berkeley, 
 G. Carteret. 
 
 NUMBER II. 
 
 The coneessions and agreements of the proprietors, free- 
 holders and inhabitants of the province of West New- 
 Jersey, in America. 
 
 C H A P . I . 
 
 WE do consent and agree as the best present expedient, that such J)^ 
 persons as shall be from time to time deputed, nominated and 1676.* 
 appointed commissioners by the present proprietors, or the major part 
 of them, by writing under their hands and seals, sh al 1 be commissioners 
 for the time being, and have power to order and manage the estate and 
 affairs of the said province of West New-Jersey, according to these our 
 concessions hereafter following, and to depute others in their place 
 and authority in case of death or removal, and to (continue until 
 some other persons be deputed, nominated and appointed by the 
 said proprietors or the major part of them, to succeed them in that 
 office and service. And the commissioners for the time being, are 
 to take care, for setting forth and dividing all the lands of the said 
 province as be already taken up, or by themselves shall be taken up 
 and contracted for with the natives; and the said lands so taken up 
 and contracted for, to divide into one hundred parts, as occasion shall 
 require; that Is to say, for every quantity of land that they shall 
 from time to time lay out to be planted and settled upon, they shall 
 first, for expedition, divide thp same into ten eq lal parts or shares, 
 
 and 
 
622 
 
 APPENDIX. 
 
 A. T). and for distinction sake, to mark in the register, and upon some of 
 1676. the trees belonging to every tenth part, with the letters A. B. and so 
 end at the letter K. And after the same is so divided and marked, 
 the said commissioners are to grant unto Thomas Hutchinson, of 
 Beverly, Thomas Pearson, of Bonwicke, Joseph Helmsiy, of Great 
 Keike, George Hutchinson, of Sheffield, and Mahlon Stacy, of 
 Hansworth, all of the county of York, or their lawful deputies, or par- 
 ticular commissioners, for themselves and their friends, who are a con- 
 siderable number of people, and many speedily promote the planting 
 of the said province. That they may have free liberty to make 
 choice of any one of the said tenth parts or shares, which shall be 
 first divided and set out, being also done with their consent, that they 
 may plant upon the same as they see meet; and afterward any other 
 person or persons who shall go over to inhabit, and have purchased 
 to the number of ten proprieties, they shall and may have liberty to 
 make choice of any of the remaining parts or shares to settle in : And 
 all other proprietors who shall go over to settle as aforesaid, and 
 cannot make up amongst them the number of ten proprietors; yet 
 nevertheless, they shall and may have liberty to make choice of 
 settling in any of the said tenth shares, that shall not be taken up 
 before: And the commissioners have hereby power to see the said 
 one tenth part, that they shall so make choice of, laid out and divided 
 into ten proprieties, and to allot them so many proprieties out of 
 the same as they have order for ; and the said commissioners are to 
 follow these rules, until they receive contrary order from the major 
 part of the proprietors, under their hands and seals. 
 
 The said commissioners for the time being, have hereby power 
 for appointing and setting out fit places for towns, and to limit the 
 boundaries thereof; and to take care they be as regular built as the 
 present occasion, time, and conveniency of the places will admit of. 
 And that all towns to be erected and built, shall be with the consent 
 of the commissioners for the time being, or the major part of them. 
 And further, the said commissioners are to order the affairs of the 
 said province, according to these concessions, and any other instruc- 
 tions that shall be given them by the major part of the proprietoi's, 
 until such time as more or other commissioners shall be chosen by the 
 inhabitants of West- Jersey, as here In these concessions is mentioned 
 and appointed. 
 
 And it is further expressly provided and agreed to, that whereas 
 there is a contract or agreement granted by William Penn, Gawen 
 Lawrie and Nicholas Lucas, unto Thomas Hut^-hinson, Thomas 
 Pearson, Joseph Helmsiy, George Hutchinson and Mahlon Stacy, 
 dated the second day of the month called March, 1676, instant, 
 wherein they grant unto the said persons, certain privileges for a town 
 to be built, whereby they have liberty to choose their own magistrates 
 and officers for executing the laws according to the concessions within 
 the said town ; which said contract or agreement is to be held firm 
 and good to all intents and purposes, and we do by these our concessi- 
 ons confirm the same. 
 
 CHAP. 
 
APPENDIX. 
 
 C H A P . I I . 
 
 AN D that all and every person and persons, may enjoy his and 
 their just and equal propriety and purchase of lands, in the 
 said province; it is hereby agreed, concluded and ordained, that 
 the surveyor or surveyors, that the said proprietors have deputed and 
 appointed, or shall depute and appoint; they ftuling, that the com- 
 missioners shall depute and appoint, or that the general free assembly 
 hereafter shall depute and appoint, shall have power by him or them- 
 selves, or his or their lawful deputy or deputies, to survey, lay out or 
 bound, all the pi'oprietors lands, and all such lands as shall be grant- 
 ed from any of the proprietors to the freeholders, planters, or in- 
 habitants, and a particular or terrior thereof, to certify to the re- 
 gister, to be recorded. 
 
 CHAP. III. 
 
 THAT hereafter upon further settlement of the said province^ 
 the proprietors, freeholders, and inhabitants, resident upon 
 the said pi-ovince, shall and may, at or upon the live and tweniieth 
 day of the month called March, which shall be in the year accord- 
 ing to the English account, one thousand six hundred and eighty; 
 and so thence forward, upon the live and twentieth day of March, 
 yearly, by the ninth hour in the morning of the said day, as-semble 
 themselves together, in some publick place to be ordered and ap- 
 pointed by the commissioners for the time being; and upon default 
 of such appointment, in such place as they shall see meet, and then 
 and there elect. of and amongst them-elves, ten honest and able 
 men, fit for government, to officiate and execute the place of com- 
 missioners for the year ensuing, and until such time as ten more for 
 the year then next following, shall be elected and appointed : Which 
 said elections shall be as foUoweth, that is to say, the inhabitants 
 each ten of the one hundred proprieties, shall elect and choose one,, 
 and the one hundred proprieties shall be divided into ten divisions 
 or tribes of men. 
 
 And the said elections shall be made and distinguished by balloting 
 trunks, to avoid noise and confusion, and not by voices, holding 
 up of the hands, or otherwise howsoever : Which said commissioners 
 so yearly to be elected, shall likewise govern and order the alFairs 
 of the said province, (pro tempore) for the good and welfare of 
 the said people, and according to these our concessions, uniil such 
 time as the general free assembly shall be elected and deputed in 
 such manner and wise as is hereafter expressed and contained. 
 
 CHAP. IV. 
 
 And that the planting of the said province be the more speedily 
 promoted, it is consented, granted, concluded, agreed and 
 declared, 
 
 First. rpHAT the proprietors of the said province, have and da 
 _L hereby grant unto all persons, who bv and with the consent 
 of one or more of any of the proprietors of the said province, at- 
 tested 
 
524 
 
 APPENDIX. 
 
 A. D. tested by the certificate, under his or their hands and seals, adventure 
 1676. to the said province of west New- Jersey, and shall transport thenaselves 
 or servants, before the first day of the month commonly called April, 
 which shall be in the year of our lord one thousand six hundred 
 seventy and seven, these following proportions, viz. For his own 
 rperson arriving, seventy acres of land, English measure ; and for every 
 able man servant that he shall carry with him, and arriving there, 
 the like quantity of seventy acres of land, English measure: And 
 "whosoever shall send servants before that time, shall have for every 
 able man servant, he or they so send as aforesaid, and arriving there, 
 the like quantity of seventy acres ; and for every weaker servant, 
 male or female, exceeding the age of fourteen years, which any 
 one shall send or carry, arriving there, fifty acres of land ; and after 
 the expiration of their time of service, fifty acres of land for their 
 ■own use and behoof, to hold to them and their heirs forever. All 
 ■such person and persons, freemen or servants, and their respective 
 heirs and assigns, afterwards paying yearly to the proprietor, his 
 heirs and assigns, to whom the said lands belong, one penny an acre, 
 for what shall be laid out in towns, and one half penny an acre, for 
 ■what shall be laid out elsewhere : The first yearly payment to begin 
 Tvithin two years after the lands are laid out. 
 
 Secondly, To every master or mis!ress, that by and with such 
 consent, aforesaid, shall go hence the second year, before the first day 
 of the month called April, which shall be in the year one thousand 
 six hundred seventy and eight, fifty acres of land ; and for every 
 able man servant, that he or she shall carry or send, and arriving 
 there, the like quantity of fifty acres of land ; and for every weaker 
 servant, male or female, exceeding the age of fourteen years, arriv- 
 ing there, thirty acres of land ; and after the expiration of their 
 service, thirty acres of land, for their own use and behoof; to hold 
 to them and their heirs forever: All the said persons, and their re- 
 spective heirs and assigns, yearly paying as aforesaid, to the pro{)rie- 
 tor, his heirs and assignsj to whom the land belongs, one penny 
 farthing the acre, for all such lands as shall be laid out in towns, 
 and three farthings the acre, for all that shall be laid out elsewhere. 
 
 Thirdly, To every freeman that shall arrive in the said province, 
 within the third year, from the first day of the month commonly 
 called April, in the year one thousand six hundred seventy and 
 eight, to the first of the said month called April, one thousand six 
 hundred seventy and nine, (with an intention to plant) forty acres 
 of land, English measure ; and for every able man servant, that he 
 •or she shall carry or send as aforesaid, forty acres of land, of like 
 measure ; and for every weaker servant, aged as aforesaid, that shall 
 be so carried or sent thither, within the third year as aforesaid, twenty 
 acres of land, of like measure ; and after the expiration of his or 
 their time of service, twenty acres of land for their own use and 
 behoof ; to hold to them and to their heirs forever : All the said per- 
 sons and their heirs and assigns, paying yearly as aforesaid, to the 
 proprietor, his heirs and assigns, with whom they contract for the 
 same, one penny half penny the acre, for what shall be laid out in 
 towns, and one penny the acre for what shall be laid out elsewhere. 
 
 All 
 
APPENDIX. 
 
 525 
 
 All which lands that shall be possessed in the said province, are to be A. D. 
 held under, and according to the concessions and conditions as is 1676, 
 before mentioned, and as hereafter in the following paragraph, is 
 more at large expressed. Provided always, that the before mentioned 
 land that shall be taken up and so settled in the province as aforesaid, 
 shall from the date hereof, be held upon the conditions aforesaid, 
 containing at lea-*t, two able men servants, or three such weaker 
 servants as aforesaid, for every hundred acres ; and so proportionably 
 for a lesser or greater quantity as one hundred acres, besides what 
 a master or mistress shall possess, which was granted for his or her 
 own person ; in failure of which, upon notation to the present oc- 
 cupant or his assigns, there shall be three years given to such, for 
 the compieating the said number of servants, and for their sale or 
 other disposure of such part of their lands as are not so peopled: 
 Within which time of three years, if any persons holding any 
 land, shall fail by himself, his agents, executors or assigns, or some 
 other way, to provide such number of persons, (unless the general 
 assembly shall without respect to poverty, judge it was impossible 
 for the party so failing to keep his or her number of servants to be 
 provided as aforesaid) in such case the commissioners are to summon, 
 together twelve men of the neighbourhood, upon such inquest, ver- 
 dict and judgment past of such default; they are and have power 
 of disposing of so much of such land, for any term of years, not ex- 
 ceeding 20 years, as shall not be planted with its due number of per- 
 sons as aforesaid, to some other that will plant the same; reserving 
 and preserving to the proprietor, or his lawful assigns, the rents to. 
 become due and owing, for or in respect of the same, according to 
 the tenor and effect of these concessions. And further, that every pro- 
 prietor thatgoeth over in person, and inhabitin thesaid province, shall 
 keep and maintain upon every lot of land that they shall take up, one- 
 })erson at least ; and if the lot shall exceed 200 acres, he shall keep and 
 m:iint!iin for every 200 acres, thelikequantity of one person attheleast. 
 
 And for all other proprietors that doth but go over in person, and 
 inhabit in the said province, shall keep and maintain upon every lot 
 of land that shall fall to them, one person at the least; and if the- 
 said lot exceed one hundred acres, then upon every hundred acres 
 that fall to them as aforesaid, they shall keep and maintain one 
 person at the least : And if any neglect or deficiency shall be found in 
 any of the proprietors, of their keeping and maintaining the number 
 of persons before mentioned ; that then and in that case, the com- 
 missioners are to dispose upon the said lands for any term of years 
 not exceeding twenty, to any person or persons that will keep and 
 maintain upon the said lands the number of persons as before is 
 mentioned ; reserving always unto the said proprietors, the rents that 
 shall fall due tor the same, as before is reserved and appointed to 
 be so. Always provided, that the keeping and maintaining of the- 
 said number of persons upon the several lots and number of acres 
 bt-fore mentioned, is to continue for ten years from the date of the 
 concessions, and no longer; except where there have been any defi- 
 ciency, so as the commissioners have let the lands for a longer time, 
 to any person or persons, they are to enjoy the saii;e during the term 
 
 granted 
 
526 
 
 APPENDIX. 
 
 A. D. granted them by the commissioners ; any thing in this last proviso, 
 1676. to the contrary notwithstanding. 
 
 CHAP. V. 
 
 And for the regular laying out of all lands whatsoever in the said 
 province, this method is to be followed by the register and surveyor. 
 
 THAT the register to he appointed as aforesaid, having recorded 
 any grant from any of the proprietors, to any person, for any 
 quantity or quantities of acres, Khali make out a certificate to the 
 surveyor or his deputy, enjoinirig him to lay out, limit and bound 
 
 acres of land, for A. B. out of the several lots of 
 
 C. D. one of the proprietors, in the proportions following; that is 
 to say, part thereof in the lot of said (J. D. in 
 
 which the surveyor or his deputy, shall lay out, 
 limit and bound accordingly, and sliall certify back to the register 
 on what point of tlie compass the several limits thereof lie, and on 
 whose lands the several parcels butt and bound ; which last certificate 
 shall be entered by the said register or his deputy, in a book for 
 that purpose, with an alphabetical table of the proprietors names, 
 and the name of the planter or purchaser referring to the said certi- 
 ficate, shall by the said register be endorsed in the back of the grant, 
 with the folio of the book in which it is entered, and his name 
 subscribed to the said endorsement. 
 
 And that the commissioners for the time being, are hereby impow- 
 ered to ascertain the rates and fees of the public register, surveyor 
 and other officers, as they shall see meet and reasonable, how much or 
 •what every one shall pay for registering any conveyance, deed, 
 lease, speciality, certificate, or other writing; as also what shall be 
 paid by every proprietor for surveying, dividing, and laying out 
 of any lands in the said. province ; which said register, survevor, or 
 other officer, is not to exact or demand any more or greater rates aa 
 shall be established as aforesaid. 
 
 CHAP. VI. 
 
 WE do also grant convenient portions of land for highways, and 
 for streets, not under one hundred feet in breadth, in cities, 
 towns and villages ; and for wliarfis, keys, harbours, and for 
 publick houses, in such phice as the commissioners for the time being 
 (until there be a general assembly) shall appoint; and that all such 
 lands laid out for the said uses and ptu* poses, shall be free and exempt 
 from all rents, taxes, and other charges and duties whatsoever ; as 
 also, that the inhabitants of the said province have free passage 
 through or by any seas, bounds, creeks, rivers, rivulets in the said 
 province, through or by which they must necessarily pass to come 
 from the main ocean to any part of the province aforesaid; as also 
 by land in ways laid out or through any lands not planted or enclosed. 
 
 That all the inhabitants within the said province of West-.Jersey, 
 have the liberty of fishing in D.^laware river, or on the sea coast; 
 and the liberty of hunting and killing any deer or other wild beasts, 
 the liberty to shoot or take any wild fowls within the said province. 
 
 Provided 
 
APPENDIX. 627 
 
 Provided always, that they do not hunt, kill, shoot, or take any A. D. 
 Buch deer, wild beasts, or fowls, upon the lands that is or shall be 1676. 
 surveyed, taken up, inclosed, sown and planted, except the owners 
 of the said lands or their assigns. 
 
 CHAP, VII. 
 
 THE commissioners are to take care, that lands quietly held, 
 planted and possessed seven years afterits being firstdulysurveyed 
 by the surveyor or surveyors, his or their lawful deputies, which 
 shall be appointed by the said proprietors, and registered in manner 
 as aforesaid, shall not be subject to any review, resurvey or alteration 
 of bounds, upon any pretence, or by any pretence, or by any person 
 or persons whatsoever. 
 
 CHAP. VIII., 
 
 TH E commissioners are to take care, that no man, if his cattle 
 stray, range, or graze on any ground within the said province, 
 not actually appropriated or set out to particular persons, shall be 
 liable to pay any trespass for the same: Provided, that custom of 
 commons be not thereby pretended to, nor any person hindered 
 from legally taking up and appropriating any land so grazed upon. 
 
 CHAP. IX. 
 
 THE commissioners are to see, that all courts established by the 
 laws and constitutions of the general assembly, and pursuant 
 unto those concessions, do execute their several duties and offices, 
 respectively, according to the laws in force; and to displace or 
 punish them for violating the said laws, or acting contrary to their 
 duty and trusts, as the nature of their offences shall require; and 
 where they see cause of condemnation or sentence pass'd upon any 
 person or persons, by any judge, justice, or court whatsoever, the said 
 commissioners have power to reprieve and suspend the execution of 
 the sentence, until the cause be presented, with a copy of the whole 
 trial, proceeding and proofs, to the next general assembly ; who may 
 accordingly either pardon or command execution of the sentence on 
 the offender or offenders, (who are to be kept in the mean time in 
 safe custody until the sense of the general assembly be known therein.) 
 
 CHAP. X. 
 
 TO act and do all other thing or things that may conduce to the 
 safety, peace and well-government of the said province, and 
 these present concessions, and that all inferior officers be accountable 
 to the commissioners, and they to be accountable to the general 
 assembly. The commissioners are to take care, that the conPtables 
 of the said province, shall collect such of the proprietors rents, 
 who dwell not in the said province, but in England, Ireland, 
 or Scotland ; and shall pay it to the receiver that they shall appoint 
 to receive the same ; unless the general assembly shall prescribe some 
 other way whereby they may have their rents duly collected, without 
 charge and trouble to the said proprietors. 
 
 CHAP. 
 
628 APPENDIX. 
 
 A. D. C H A P . X I . 
 
 1676. m H E Y are not to impose oi* suffer to be imposed, any tax, custom 
 X or subsidy, toHage, assessment, or any other duty wliatsoever, 
 upon any colour or pretence how specious soever, upon the said pro- 
 vince and inhabitants tliereof, without their own consent first had, 
 cr other than what shall be imposed by the authority and consent of 
 the general assembly, and that only in manner and for the good enda 
 and uses as aforesaid. 
 
 CHAP. XII. 
 
 THAT that the said commissioners, registers, surveyors, and 
 all and every other publick officers of trust whatsoever, already 
 deputed and chosen, or hereafter from time to time to be deputed 
 and chosen, shall subscribe (in a book or books to be provided for 
 that purpose) that they will truly and faithfully discharge their 
 respective trusts according to the law of the said province, and tenor 
 of these concessions, in their respective offices and duties; and do 
 equal justice and right to all men, according to their best skill and 
 judgment, without corruption, favour, or affection ; and the names 
 of all that shall subscribe, to be entered in the said book ; and who- 
 soever shall subscribe, and shall violate, break or any wise falsify his 
 promise after such subscription, shall be liable to be punished or 
 fined, and also be made incapable of any publick office within the 
 said province. 
 
 The Charter or fundamental laws of West New- Jersey, agreed upon. 
 
 C H A P. X I I I. 
 
 That these following concessions are the common law or fundamental 
 rights of the province of West New-Jersey. 
 
 TH AT the common law or fundamental rights and privileges of 
 West New-Jersey, are individually agreed upon by the proprie- 
 tors and freeholders thereof to be the foundation of the government ; 
 which is not to be altered by the legislative authority, or free a-^sem- 
 bly hereafter mentioned and constituted ; but that the said legislative 
 authority is coiisiituted according to these fundamentals, to make 
 such laws as agree wiih and maintain the said fundamentals, and to 
 make no laws that in the least contradict, differ, or vary from the 
 said fundamentals, under what pretence or allegation soever. 
 
 C H A P. X I V. 
 
 BUT if it so happen, that any person or persons of the said free- 
 assembly, shall therein designedly, wilfully and maliciously move, 
 or exciteany to move, any matter or thing whatsoever, that contradicts 
 or any ways subverts any fundamental of the said laws in the consti- 
 tution of the government of this province, it being {)roved by seven 
 honest and reputable persons ; he or they shall be proceded against aa 
 traitors to the said governntent. 
 
 CHAP. 
 
APPENDIX. 529 
 
 C H A P . X V . A. D. 
 
 THAT these concessions, law or great charter of fundamentals, 1676, 
 be recorded in a i'alr table, in the assembly house; and that they 
 be rea;d at the lie^inning and dissolving of every general free assem- 
 bly : And it is further agreed and ordained, that the said concessions, 
 common law, or great charter of f.mdarnentals, be writ in fair 
 tables, in every common hall of justice within this province; and 
 thai they be read in solemn manner four times every year, in the 
 presence of the people, by the chief magistrates of those places. 
 
 CHAP. XVI. 
 
 THAT no men, nor number of men upon earth, hath power 
 or authority to rule over men's conveniences in religious m:itters; 
 therefore it is consented, agreed and ordained, that no person or 
 persons whatsoever, within the said province, at any time or times 
 hereafter shall be any ways, upon any pretence wiiatsoever, called in 
 question, or in the least punished or hurt, either in person, estate or 
 privilege, for the sake of hi'^ opinion, judgment, faith or worship to- 
 wards God, in matters of religion ; but that all and every such person 
 and persons, may from time to lime, and at all times, freely and fully 
 have and enjoy his and their judgments, and tiie exercise of their con- 
 sciences, in matters of religious worship throughout all the said 
 province. 
 
 C H A P. XVI I. 
 
 THAT no proprietor, freeholder or inhabitant of the said pro- 
 vince of West New- Jersey, shall be deprived or ctmdemned of 
 life, limb, lil)erty, e-tate, property, or any ways hurt in his or their 
 privileges, freedoms or franchises, upon any account whatsoever, 
 without a due trial, and judgment pa-^sed by twelve good and law- 
 ful men of his neighb;)urhood first had; and that in all causes to 
 be tried, and in all trials, the person or persons arraigned, may ex- 
 cept against any of the said neighbourhood, without any reason 
 rendered, (not exceeding thirty-five) and in case of any valid reason 
 alledged, against every person nominated fur that service 
 
 CHAP. XVlll. 
 
 AND that no proprietor, freeholder, free-denison or inhabitant 
 in tiie said province, shall be attached, arrested, or imprisoned, 
 for or by reason of any debt, -duty, or other thing whatsoever, 
 (cases felonious, criminal and treasonable, excepted) before he or 
 she have personal summon or summons, left at his or her last 
 dwelling place, if in the said province, by some legal authorized 
 officer, constituted and appointed for that purpose, to appear in some 
 court of judicature for the said province, with a full and plain 
 account of the cause or tiling in demand ; as also the name or names 
 of tiie person or persons at whose suit, and the court where he is to 
 appear; and that he hath at least fourteen davs time to appear and 
 answer the said suit, if he or she live or inhabit within forty miles, 
 English, of the said court; and if at further distance, to have for 
 every twenty miles, two days time more, for his and their appearance, 
 and so proportionably for a larger distance of place. 
 
 That 
 
 2l 
 
630 
 
 APPENDIX. 
 
 A. D. Tliat upon the recording of the summons, and non-appearance 
 
 1676. of such person and persons, a writ or attachment shall, or may be 
 ; issued out to arrest or attach the person or persons of such defaulters, 
 to cause his or their appearance in such court, returnable at a day 
 certain, to answer the penalty or penalties in such suit or suits; 
 and ii'he or they shall be condemned by legal tryal and judgment, 
 the penalty or penalties shall be paid and satisfied out of his or 
 their real or personal estate so condemned, or cause the person or 
 persons so condemned to lie in execution till satisfaction of the 
 debt and damages be made. Provided always, if such person or 
 persons so condemned, shall pay and deliver such estate, goods 
 and chattels which he or any other person hath for his or their use, 
 and shall solemnly declare and aver, that he or they have not any 
 further estate, goods or chattels wliatsoever, to satisfy the person 
 or persons (at who've suit he or they are condemned) their respective 
 judgments, and shall also bring and produce three other {)ersons 
 as compurgators, who are well known and of honest reputation, 
 and approved 'of by the commissioners of that division where they 
 dwell or inhabit, which shall in such open court likewise so- 
 lemnly declare and aver, that they believe in their consciences, 
 such person and persons so condemned, have not wherewith further 
 to pay the sai(J condemnation or condemnations; he or they shall 
 be thence forthwiih discharged from their said imprisonmetU ; any 
 law or" custom to the contrary thereof heretofore in the said pro- 
 vince notwithstanding. And ui)on such summons and default of 
 appearance recorded as aforesaid, and such person and persons not 
 appearing within forty days after, it shall and may be lawful for 
 such court of judicature, to proceed to trial of twelve lawful men, 
 to judgment against such defaulters, and issue forth execution 
 against his or their estate, real and personal, to satisfy such penalty 
 or penalties, to such debt and damages so recorded, as far as it 
 shall or may e:^tend. 
 
 CHAP. XIX. 
 
 THAT there shall be in every court, three justices or commission- 
 ers, who shall sit with the twelve men of the neighbourhood, 
 with them to hear all causes, and assist the said twelve men of the 
 neigh bourhood in cases of law ; and that they the said justices shall 
 pronounce such judgment as they shall receive from and be directed 
 by the said twelve men, in whom only the judgment resides, and 
 not otherwise. 
 
 And in cases of their neglect and refusal, that then one of the 
 twelve, by consent of the rest, pronounce their own judgment, 
 as the justices should have done: And if any judgment shall be 
 passM in any case, civil or criminal, by any other person or persons, 
 or any other way than according to the agreement and appointment; 
 it shall be held rudl and void; and such person or persons so pre- 
 suming to give' judgment, shall be severely fined, and upon com- 
 plaint made to the general assembly, by them be declared incapable 
 of any office or trust within this province. 
 
 CHAP. 
 
APPENDIX. 
 
 531 
 
 CHAP. XX. 
 
 A. D. 
 
 1676. 
 
 THAT in all matlers and causes, civil and criminal, proof is 
 to be made by the solemn and plain averment of at least two 
 honest and reputable persons ; and in case that any person or p^rsons 
 shall bear false witness, and bring in his or their evidence contrary 
 to the truth of the m;itter, as shall be made plainly to appear; that 
 then every such person or per,-ons, shall in civil causes, suffer the 
 penalty which would be due to the person or persons he or they bear 
 •witness against: And in case any witness or witnesses on the behalf 
 of any person or persons indicted in a criminal cause, shall be found to 
 have borne false witness, for fear, gain, malice, or favour, and thereby 
 hinder the due execmion of'the law, and deprive the suffering person 
 or personsof theirdue satisfaction ; that then ami in all other cases of 
 false evidence, such person or persons shall be first severely fined ; and 
 next, that he or they shall forever be disabled from being admitted 
 in evidence, or into any publick office, employment or service 
 ■within this province. 
 
 THAT all and everv person and persons whatsoever, who shall 
 prosecute or prefer any intlictment or information against others, 
 for any personal in juries or matter c;riniinal, or shall prose(;ute for any 
 other criminal cause (treason, murder and felony only exce[)ted) 
 shall and may be master oi his own process, and have full power 
 to forgive and remit the person or persons offending against him or 
 herself only, as well before as at'cer judgment anil condemnation, 
 and pardon, and remit the sentence, fine and punishment of the 
 person or persons offiinding, be it personal or other whatsoever. 
 
 THAT the trials of all causes, civil and criminal, shall, be heard 
 and decided by the verdict or judgment of twelve honest men of 
 the neigliboiirhood, only to be summoned and presented by the sheriff' 
 of that division or propriety where the fact or trespass is committed ; 
 and that no person or persons shall be compelled to fee any attorney 
 or counsellor to plead his cause, but that all [)ersons have Iree liberty 
 to {)iead his own cause if he please: And that no person or persons 
 imprisoned u(ion any account whatsoever, within this province, shall 
 be obliged to pay any fees to the officer or officers of the said prison 
 either when committed or discharged. 
 
 THAT in all publick courts of justiee for trial of causes, civil 
 or criminal, any person or persons, inhabitants of the said 
 province, may freely come into and attend the said courts, and hear 
 jui'i be [iresent at all orany such trials as shall be there had or passed, 
 thai justice may not be done in a corner, nor in any. coven manner; 
 being intended and resolved by the help of the lord, and by. these 
 our t:oncessions and fundamentals, that all and every person and 
 j)ersons inhabiting in the said province, shall as far as in us lies, be 
 iiree from o^jpression and slavery. 
 
 CHAP. XXI. 
 
 CHAP. XXII. 
 
 CHAP. XXIIT. 
 
 CHAP. 
 
532 
 
 APPENDIX 
 
 A. D. CHAP. XXIV. 
 
 1676. JTor the preventing of fraud, deceit, collusion in bargains, sales, 
 trade and trafSck, and the usual contests, quarrels, debates and 
 utter ruin, which have attended the people in many nations, by 
 costly, tedious, and vexatious law suits, and for a due settlement 
 of estates. 
 
 IT is agreed, concluded and ordained, that there be kept a register 
 at London, within the nation of England; and also another 
 i-egister within the province of New West-Jersey ; and that all deeds, 
 evidences, and conveyances of land, in the said province of New- 
 West-Jersey, that shall be executed in England, may alj^o be there 
 registered ; and once every year, the register of the said deeds 
 and conveyances, so registered, shall be duly transmitted under the 
 hands of the register, and three proprietors, unto the commissionerg 
 in New We^st-Jersey, to be enrolled in the publick register of the 
 said province: As also that the chief register, which the said pro- 
 prietors have deputed or chosen, or shall depute or choose, failing, 
 that the commissioners shall depute or choose, or which the general 
 assembly of tlie said province, hereafter mentioned, shall depute ot 
 choose, shall keep exact entries and registers, in fair books, or rolla 
 for that purpose to be provided, of all publick affairs; and therein 
 shall record and enter all grants of land, from the proprietors to the 
 planters; and all conveyances of land, house or houses, from man 
 to man ; as also all assignments, mortgages, bonds, and specialties 
 whatsoever ; and all leases for land, house or house*, made or to be 
 made, from landlord to tenant, and from person to person ; which 
 conveyances, leases, assignments, mortgages, bonds and specialties, 
 which shall be executed in West New-Jersey, shall be first acknow- 
 ledged by the grantor, assignor and obligor, before the said com- 
 missioners, or two of them at least, or some two of their lawful 
 deputies, for the time being; who shall under thftir hands, upon the 
 back side of the said deed, lease, assignment, mortgage or specialty, 
 attest the acknowledgment thereof as aforesaid ; which shall be a 
 warrant for the register to record the same ; and such conveyance or 
 specialty, if sealed, executed, acknowledged before three proprie- 
 tors, in the nation of England or Ireland, and recorded or registered 
 there, within three months after the date thereof; or if sealed, ex- 
 ecuted and acknowledged in the said province, or elsewhere out of 
 England, and recorded or registered within six months after the 
 date thereof, shall be good and effectual in law ; and for passing or 
 transferring of estates in lands, tenements, or hereditaments, shall 
 be as effectual as if delivery and siezen were executed of'the same: 
 And all other conveyances, deeds, leases or specialties, not recorded 
 as aforesaid, shall be of no force or effect. And the said register 
 shall do all other thing or things the said proprietors by their in- 
 structions shall direct, or the commissioners or assembly shall ordain, 
 for the good and welfare of the said province. 
 
 CHAP. 
 
APPENDIX. 
 
 633 
 
 CHAP. XXV. A.B. 
 
 That there may be a good understanding and friendly correspondence 1676. 
 between the proprietors, freeholders, and inhabitants of the said 
 province, and the Indian natives thereof. 
 
 IT is concluded and agreed, that if any of the Indian natives 
 within the said province, shall or may do any wrong or injury 
 to any of the proprietors, freeholders or inhabitants, in persbn, 
 estate, or otherways howsoever ; upon notice thereof, or con)plaint 
 made to the commissioners, or any two of them, they are to give 
 notice to the sachem, or other chief person or persons, that liath 
 authority over the said Indian native or natives, that justice may be 
 done, and satisfaction made to the person or persons offended, ac- 
 cording to law and equity, and the nature and quality of the 
 oflvnce and injury done or committed. 
 
 And also in case any of the proprietors, freeholders, or inhabi- 
 tants, shall any wise wrong or injure any of the Indian natives there, 
 in person, estate, or otherwise ; the commissioners are to take care, 
 upon complaint to them made, or any one of them, either by the 
 Indian natives, or others, that justice be done to the Indian natives, 
 and plenary satisfaction be made them, according to the nature 
 and quality of the offence and injury: And that in all trials wherein 
 any of tlie said Indian natives are concerned, the trial to be by 
 six of the neighbourhood, and six of the said Indian natives, to be 
 inditlerently and impartially chosen by order of the commissioners ; 
 and that the commissioners use their endeavour to perswade the 
 natives to the like way of trial; wlien any of the natives do any 
 ways wrong or injure the said proprietors, freeholders or inhabitants, 
 that they choose six of the natives, and six of the freeholders or 
 inhabitants, to judge of the wrong and injury done, and to pro- 
 portion satisfaction accordingly. 
 
 C H A P. X X V I. 
 
 IT is agreed, when any lands is to be taken up for settlements of 
 towns, or otherways, before it be surveye'd, the commissioners 
 •or the major part of them, are to appoint some persons to go to 
 the chief of the natives concerned in that land, so intended to be 
 taken up, to acquaint the natives of their intentions, and to give 
 the natives what present they shall agree upon, for their good will 
 or consent; and take a grant of the same in writing, under their 
 hands and seals, or some other publick way used in those parts of\ 
 the world : Which grant is to be registered in the publick register, 
 a,llowing also the natives (if they please) a copy thereof; and that 
 no person or persons take up any land, but by order from the com- 
 missioners, for the time being. 
 
 CHAP. XXVII. 
 
 THAT no ship master or commander of any ship or vessel, 
 shall receive into his ship or vessel, to carry unto any other 
 nation, country or plantation, any person or persons whatsoever, 
 •without a certificate first had and obtained under the hands and 
 
 seals 
 
534 
 
 APPENDIX. 
 
 A. D. seals of the commissioners, or any two of them, that the said person! 
 
 1676. or persons are clear, and may be taken on board, signifying that 
 the said person or persons names have been put n[) in three publick 
 places of the province, appointed by the commissioners for ttiat 
 purpose, for the space of three weeks, giving notice of his or their 
 intention to transport themselves. 
 
 CHAP. XXVIII. 
 That men may peaceably and quietly enjoy their estates. 
 
 IT is agreed, if any person or persons shall steal, rob, or take any 
 goods or chattels, i'rom or belonj^ing to any person or persona 
 whatsoever, he is to make restitution two fold, out of his or their 
 estate; and for want of such estate, to be made work for his 
 theft, for such time and times as the nature of the offence doth re- 
 quire, or until restitution be made double for the same; or as 
 twelve men of the neighbourhood shall determine, being appointed 
 by the commissioners, not extending either to life or limb. 
 
 If any person or persons, shall wilfully beat, hurt, wound, assault, 
 or olherways abuse the person or persons of any man, woman or 
 child, ihey are to be punished according to the nature of the of- 
 fence; which is to be determined by twelve men of the neighbour- 
 hood, appointed by the commissioners. 
 
 CPTAP. XXIX. 
 
 For securing estates of persons that die, and taking care of orphans. 
 
 IF any person or persons die, the commissioners are to take 
 care, that the will of the deceased be duly performed, and. 
 security given by those that prove the will ; and that all wills or 
 testaments be registered in a publick register appointed for that 
 purpose ; and the person or persons that prove the same, to bring 
 in one true inventory under their hands, of ail (he estate of the 
 deceased, and to have a warrant under the hand of three commissi- 
 oners, and the publick seal of the province, intimating, that they 
 have brought in an inventory of the estate, and given security; 
 then, and not before, are they to dispose uf)on the estate. 
 
 Second. If any person die intestate, leaving a wife and children ;^ 
 the commissioners are to take security from the person that shall 
 administer, to secure two parts of the estate for the children, and 
 the third to the wife, if there be any ; and if there be no child, 
 then half to the next of kin, and the other to the wife. 
 
 Third. If the pareiits of children be dead, and no will made, 
 then the commissioners are to appoint two or more persons to take 
 the charge of the children and estate, and to bring an inventory of 
 the estate to be registered; and that the said persons are to make 
 good to the children, w.hat part of the estate shall come unto their 
 hands, and to give a true account of their receipts and disbursements, 
 to he approved of by the commissibners. 
 
 Fourth. If parents die, leaving child or children, and no estate, 
 or not sutBcient to maintain and bring up the said child or children,, 
 in that case the commissioners are to appoint persons to take care for 
 
 the 
 
APPENDIX 
 
 636 
 
 the child or children, to bring them np in such manner as the com- A. D, 
 missioners shall appoint, and ihe charges thereof to be borne by the 1676. 
 publick stock of the province ; and if none be established, then by 
 a tax to be levied by twelve men of the neighbourhood, with the 
 consent of the commissioners, or the main part of them. 
 
 CHAP. XXX. 
 
 In cases when any person or persons kill or destroy themselves, or 
 be killed by any other thing. 
 
 IT is agreed, if any man or woman shall wilfully put hand, and kill 
 him or herself, the estate of such person or persons is not to be 
 forfeited, but the kindred, heirs, or such oilier as of right the 
 estate belongs to, may enjoy the same; or if any beast or ship, boat, 
 or other thing, should occasion the death of any person or persons, 
 nevertheless the said beast, ship, boat, or other thing, is not to be 
 forfeited ; but those to whom they belong may enjoy the same. 
 Provided always, that the said beast did not wilfully kill the said 
 person, or halh been known to attempt, or addicted lo mischief, or 
 hath been found to hurt or kill any person ; then the said beast is to 
 be killed, 
 
 CHAP. XXXT. 
 
 AL L such person or persons as shall be upon trial found guilty of 
 murder or treason, the sentence and way of execution thereof 
 is left to the general assembly to determine, as they in the wisdom 
 of the lord shall judge meet and expedient. 
 
 The general assembly and their power. 
 CHAP. XXXII. 
 
 TH A T so soon as divisions or tribes, or other such like distincti- 
 ons are made, that then the inhabitants, freeholders, and pro- 
 prietors resident in the said province, or several respective tribes 
 or divisions, or distinctions aforesaid, do yearly and every year, 
 meet on the first day of October, or the eighth month, and choose 
 one proprietor or freeholder for each respective propriety in the said 
 province (the said province being to be divided into one hundred 
 proprieties) to be deputies, trustees, or representatives, for the 
 benefit, service, and behoof of the people of the said province ; 
 ■which body of deputies, trustees or representatives, consisting of 
 one hundred persons chosen as aforesaid, shall be the general free 
 and supreme assembly of the said province for the year ensuing, and 
 no longer: And in case any member of the said assembly, during 
 the said year, shall decease, or otherwise be rendered incapable of 
 that service; that then the inhabitants of the said proprieties, shall 
 elect a new member, to serve in his room, for the remainder of the 
 said year. 
 
 CHAP. XXXIII. 
 
 And to the end the representative members of the yearly assembly 
 to be chosen, may be regularly and impartially elected. 
 
 TH A T no person or persons who shall give, bestow or promise, 
 directly or indirectly, to the said parties electing, any meat 
 drink, money or money's worth, for procurement of their choice 
 
 and 
 
536 
 
 APPENDIX. 
 
 A. D. and consent, shall be capable of being elected a member of the said 
 1676. ' assembly: And if any person or persons, shall be at any time corruptly 
 elected, and sufficient proof thereof made to the said free assembly, 
 such person or persons so electing or elected, shall he reckoned in- 
 capable to choose or sit in the said assembly, or execute !iny other 
 publick office of trust within the said province, for the space of seven 
 years thence next ensning : And also, that all such elections as afore- 
 said, be not determined by the cotnmon and confused way of cries 
 and voices ; but by putting balls into balloting boxes, to be provided 
 for that purpose, for the prevention of all partiality, and whereby 
 every man may freely choose according to his own judgment, and 
 honest intention. 
 
 CHAP. XXXIV. 
 
 TO appoint their own times of meeting, and to adjourn their 
 sessions from time to time (within the said year) to such times and 
 places as they shall think tit and convenient, as also to ascertain the 
 number of their quorum ; provided that such numbers be not le«a 
 than one half of the whole, in whom (or more) shall be the full 
 power of the general assembly ; and that the votes of two thirds of the 
 said quorum, or more of them, if assembled together as aforesaid, 
 shall be determinative in all cases whatsoever coming in question 
 before t'hem, consonant and conformable to these concessions and 
 fundamentals. 
 
 CHAP. XXXV. 
 
 THAT the said proprietors and freeholders, and their choice of 
 persons, to serve them in the general and free assemblies of the 
 province, give their re-^pective deputies or trustees, their instructions 
 * at large, to represent their grievances, or for the improvement of 
 
 the province; and that the persons chosen, do by indentures under 
 hand and seal, covenant and oblige themselves to act nothing in that 
 capacity, but what shall tend to the fit service and behoof of those 
 that send and employ them ; and that in case of failure of trust, or 
 breach of covenant, that they be questioned upon complaint made, 
 in that or the next assembly, by any of their respective electors. 
 
 And that each member of the assembly, chosen as aforesaid, be 
 allowed one shilling per day, during the time of the sitting of the 
 general assembly, that thereby he may be known to be the servant 
 of the people: Which allowance of one shilling per day, is to be 
 paid him by the inhabitants of the propriety or division that shall 
 elect him. 
 
 CHAP. XXXVl. 
 
 TH A T in every general free assembly, every respective member 
 hath liberty of speech ; that no man he interrupted when speak- 
 ing ; that all questions be stated with deliberation, and liberty for 
 amendments; that it be put by tiie chairman, by them to be chosen, 
 and determined by plurality of votes; Also that every member has 
 power of entering his protest, and reasons of protestations. And 
 that if any member of such assembly shall require to have the per- 
 sons names registered, according to their yeas and no's, that it be 
 accordingly done: And that after debates are past, and the question 
 
 agreed 
 
APPENDIX. 
 
 537 
 
 agreed upon, the doors of the house to be set open, and the people A. D. 
 have liberty to come in to hear, and be witnesses of the votes, and 1676. 
 the inclinations of the persons voting. 
 
 CHAP. XXXVII. 
 
 AN D that the said assembly do elect, constitute and appoint ten 
 honest and able men, to be commissioners of estate, for managing 
 and carrying on the affairs of the said province, according to the 
 law tliereiii established, during the adjournments and <lissolations of 
 the said general free assembly, for the conservation and tranquility 
 of the same. 
 
 CHAP. XXXVIII. 
 
 TH AT it shall be lawful for any person or persons, during the 
 session of any general free assembly in that province, to address, 
 remonstrate or "declare, any suffering, danger or grievance, or to 
 propose, tender or request, any privilege, profit or advantage to 
 the said pi-ovince, they not exceeding the number of one hundred 
 persons. 
 
 CHAP. XXXIX. 
 
 TO enact and make all such laws, acts, and constitutions, as shall 
 be necessary for the well government of the said province, (and 
 them to repeal) provided, that the same be as near as may be, con- 
 veniently agreeable to the primitive, antient and fundamental laws 
 of the nation of England. Provided also, that they be not against 
 any of these our concessions or fundamentals, before or hereafter 
 mentioned. 
 
 C H A P. X L . 
 
 BY act as aforesaid, to constitute all courts, together with the limits, 
 powers and jurisdictions of the same (consonant to these conces- 
 sions) as also tlie several judges, officers and number of officers 
 belonging to each court, to continue such time as they shall see 
 meet, not exceeding one year, or two at the most, with their 
 respective salaries, fees and perquisites, and their appellations ; with 
 the penalties that shall be inflicted upon them for the breach of their 
 several and respective duties and trusts ; and that no person or persons 
 ■whatsoever, inhabitants of the said province, shall sustain or bear 
 two otiices in the said province, at one and the same time. 
 
 CHAP. X L I. 
 
 THAT all the justices and constables be chosen by the people ; and 
 all commissioners of the publick seals, treasuries and chief- 
 justices, embassadors and collectors, be chosen by the general free 
 assembly. 
 
 CHAP. XLII. 
 
 THAT the commissioners of the treasury of the said province, 
 bring in their account at the end of their year, unto the general 
 free assembly, there to be seen and adjusted ; and that every respec- 
 tive member carry a copy thereof unto that hundred or propriety he 
 eerves, for to be registered in the capital publick court of that 
 propriety. 
 
 C HAP. 
 
538 
 
 APPENDIX. 
 
 CHAP. XLIII. 
 
 BY act as aforesaid, to lay equal taxe« and assessments, and equally 
 to raise money or goods, upon all lands or persons within the 
 several proprieiies, precincts, himdreds, tribes, or whatsoever other 
 divisions shall herealter be made and established in the said province, 
 as oft as necessity shall require ; and in such manner as to them shall 
 seem most equal and easy for the inhabitants ; in order to the better 
 supporting of the pubiick charge of the said government, as also 
 for the pubiick benefit and advantage of the said people and province. 
 
 CHAP. XLIV. 
 
 BY act as aforesaid, to sub-divide the said province into hundreds, 
 proprieties, or such other divisions and distinctions, as they shall 
 think fit ; and the said divisions to distinguish by such names as shall 
 be tiiought good ; as also within the said province to direct and 
 appoint places for such and so manv towns, cities, ports, harbours, 
 creeks, and other places for the convenient lading and unlading of 
 goods and merchandize, out of the ships, boats, and other vessels, as 
 shall be expedient ; wiih such jurisdictions, privileges and franchises 
 to such cities, ports, harbours, creeks or other places, as they shall 
 judge most conducing to the g(^neral good of the said province and 
 people thereof ; and to erect, raise and build within the said province, 
 or any part thereof, such and so many market towns and villages; 
 and also appoint such and so many markets and fairs, and in such, 
 place and places, as they shall see meet, from time to time, as the 
 grant made and assigned unto the said proprietors will permit and 
 admit. 
 
 In testimony and witness of our consent to and affirmation of these 
 present laws, concessions and agreements : We, the proprietors, free- 
 holders, and inhabitants of the said province of West New Jersey, 
 whose names are under written, have to the same voluntarily and 
 freely set our hands, dated this third day of the, month commonly 
 called March, in the year of our lord one thousand six hundred 
 seventy six. 
 
 Gawen Lawrie, Wm. Penn, Wm. Emley, Josh. Wright, Nicho. 
 Lucas, Wm. Haig, Wm. Peachee, Kich. Matthews, John Harris, 
 Francis Collins, Wm. Kent, Benj. Scot, Pho. Lambert, Tho. Hoo- 
 ton, Henrv Stacy, Edw. Byllinge, Rich. Smith, Edw. Nelthorp, 
 John Penford, Dan. Wills, Thomas Olive, Tho. Eudyard, Wil- 
 liam Biddle, Robert Stacy John Farrington, Wm. Roydon, Rich. 
 Mew, Percival Towle, Mahlon Stacy, Tho. Budd, Sam. Jenings, 
 John Lambert, Will. Heulings, George Deacon, John Thomson, 
 Edw. Bradway, Rich. Guy, James Nevill, Wm. Cantwell, Fospe 
 Ontstout, Machgijel Baron, Casper Herman, Turrse Psese, Robert 
 Kemble, John Corneliesse, Garrat Van Jurane, Wm. Gill Johnson, 
 'Mich. Lackerouse, Markus Algus, Evert Aidricks, Hendrick Ever- 
 eon, Jiiles Tomesen, Claas Jansen, Paul Doequet, Aert Jansen, 
 John Surige, Tho. ^mith, James Pearce, Edw. Webb, John Pled- 
 ger, Rich Wilkison, Chrislo. Sanders, Renear Van Hurst, Wil- 
 liam Johnson, Charles Bagley, Sam. Wade, Tho. Woodrose, Joha 
 Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac Smart, 
 
 And. 
 
 A.D. 
 1676. 
 
APPENDIX. 
 
 539 
 
 And. Thomson, Thomas Kent, Henry Jeninn;s, Rich. Wortsaw, A. T>. 
 Christopher White, John Maddocks, John Forrest, Jnines Viekorv, 1676. 
 William Rurasey, Rich. Robinson, Mark Reevt\ Tiiomas Watson, 
 Sam. Nicholson, Dan. Smith, Rich. Daniel, Will. Penton, Will. 
 Daniel, Robert Zane, Walter Peiterson, Anthony Pa<2;e, Andrew 
 Bartleson, Woolley Woollison, Anthony Dixon, John Derme, 
 'J ho. Benson, John Pain, Rich. Briffington, Sam. Lovett, Henry 
 Stiibbens, Will. Willis, George Haselvvood, Roger Pedrick, Will. 
 Hughes, Abra. Van Highest, Hipolitas Lefever, Will. Wilkinson, 
 Andrew Siienneck, Lause Cornelious, Sam. Hedge, Will. Massler, 
 John Grnbb, John Worlidge, Edw. Meyer, Tho. Barton, Robt. 
 Powel, Tho. Harding, Matthew Allen, Bernard Deveiiish. Tho- 
 mas Slokes, Thomas French, Isaac Marriott, John Butcher, George 
 Hutcbeson, Tho. Gardiner, Tho. Eves, John Borton, John Paine, 
 Eleazer Fenton, Samuel Oldale, Will. Black, Anthony Woodhouse,. 
 Dan. Leeds, John Pancoast, Francis Belwicke, Will. Luswall, 
 John Snowdon, Rich. Fenemore, Gruna Jacobson, Tho. Scholey, 
 Tho. Wright, Godfrey Hancock, John Petty, Abraham Heiilings, 
 John Newbould, John White, John Roberts, John Wood, John 
 Gosling, Tho. Revell. 
 
 NUMBER III. 
 
 A brief account of the province of East- Jersey, in America, 
 published by the present proprietm's, for information 
 of all such persons who are or may be inclined to 
 settle themselves f families avid servants in that country. 
 
 TO say anything in the praise, or much in the description of a A. D. 
 country so well known, would seem needless: Tiie late acc<>ur)ts 1682. 
 and descriptions of the adjacent countries, West-Jersey and Penn- 
 sylvania, which are much of the same nature, &c. might suttice ; 
 but considering that in foreign colonies, yea, here in England, 
 every particular county has some excellency in soil, product or 
 situation, that may affect and delight many persons, beyond the 
 places adjacent : We may, for the satisfaction of such, give some 
 brief account thereof. 
 
 First, This province or colony lies between thirty-nine and forty- 
 one degrees of latitude, being about twelve degrees more to the 
 south than the city of London ; and is bounded south east by the 
 main sea; east by that vast navigable stream, called Hudson's river, 
 which divides this from the province of New- York ; west by a line 
 of divi'^ion, which separates this province from West- Jersey ; and 
 north upon tlie ma.in land, and extends itself in length on ihe sea 
 coast, and along Hudson's river, one hundred English miles, and 
 upw:irds. 
 
 Second, The conveniency of situation, temperature of air, and 
 fertility of soil, is such, that there's no less than seven considerable 
 
 towns, 
 
640 
 
 APPENDIX. 
 
 A. D. towns, viz, Shrewsbury, Middletown, Bergen, Newark. Elizabeth- 
 1682. Town, Woodbridge, and Piscataway ; which are well inhabited by 
 a sober and industrious people, wiio liave necessary provisions for 
 themselves and farnilies, and for the cotnfbrtal)le entertainment 
 of strangers and travellers; and this colony is experimentally found 
 generaly to agree with English constitutions. 
 
 Third. For navigation, it hath these advantages, not only to be 
 situate along the navigable part of Hudson's river, but lies also lilty 
 miles on the main sea; ami near the midst of this province, is that 
 noted bay for ships, within Sandy-Hook, very well known not to 
 be infei'ior to any harbour in AmericH, where ships not only Inirbonr 
 in greatest storms, but there ride sale with all winds, and sail in and 
 out thence "as well in winter as summer. 
 
 Fourth. For fishery, the sea banks there are very well stored witii 
 variety of fish ; ftr not only such as are profitable for transportation, 
 but such also as are fit for food there, as wliales, cod-fish, cole and 
 hake lish, large mackrell, and also many other sorts ol fiat and small 
 fish. The bay also, and Hudson's river, are plentifully stored 
 with sturgeon, great bass, and other scale fish, eels and shell-fish, as 
 oysters, &c. in great jdenly, and easy to take. 
 
 Filth. This country is also plentifully supplied with lovely springs, 
 rivulets, inland rivers, and creeks, which fall into the sea and Hud- 
 eon's river; in which is also much plenty and variety of fresh fiish 
 and water fowl. 
 
 Sixth. There is great plenty of oak timber, fit for shipping, and 
 masts for ships, and other variety of wood, like the adjacent colonies, 
 as chesnut, walnnt, poplar, cedar, ash, fir, &c. fit for building 
 within the country. 
 
 Seventh. The land or soil (as in other places) varies in goodness 
 and richness; but generally fertile, and with much snuiller labour 
 than in England : It produceth plentiful crops of all sorts of English 
 grain besides Indian corn, which the English planters find not <mly 
 to be of vast increase, l)Ut very wholsorae and good in its use; it also 
 produceth good flax and hemp, which they now spin and nianufac- 
 ture into linnen cloth. There's sufficient meadow and marsh to their 
 uplands ; and the very barrens there as they are called, are not like 
 Bome in England ; but produce grass fit for grazing cattle in summer 
 season. 
 
 Eighth. The country is w^ell stored with wild deer, conies and 
 wild fowl of several sorts, as turkeys, pigeons, partridges, plover, 
 quails, wild swans, geese, dbicks, &c. in great plenty ; It produceth 
 variety of good and delicious fruits, as grapes, plumbs, mulberries 
 and also apricots, peaches, pears, apples, quinces, water melons, 
 &c. which are here in England planted in orchards and gardens ; 
 these, as also many other fruits, which come not to perfection in 
 England, are the more natural product of this country. 
 
 Ninth. There is also already great store of horses, cows, hogs, 
 and some sheep, wtiich may be bought at reasonable prices, with 
 English monies or English commodities, or man's labour, where 
 money and goods are wanting. 
 
 Tenth. 
 
APPENDIX. 
 
 541 
 
 Tenth, What sort of mines or minerals are in the bowels of the A. D. 
 earth, after time must produce, the inhabitants not having yet em- 1682. 
 ployed tliemselves in seandi thereof; but there isalready a smelting 
 furnace and forge set np in this colony, where is made good iron, 
 which is of great benefit to tlie country. 
 
 Eleventir, It i-s exceedingly well furnished with safe and cmvenient 
 harbours for shipping, whicli is of great advanlage to that country, 
 and affords already for exportati(m, great f)lenly of horses, and also 
 beef, pork, pipe staves, boards, bread, flower, wheat, barley, rye, 
 Indian corn, butter ;ind ciieese, which they export for Barbadoes, 
 Jriniaica, Nevis, an<l other adjacent islands, as also to Portugal, 
 Spain, the ('anaries, &c. Their whale oil and whale finns, beaver, 
 mink, raccoon and martin skins, (which this country produceth) 
 thev I ran -port for England. 
 
 Twelfih. The situation and soil of this country may invite many 
 who are inclined to transport themselves into those parts of Ame- 
 rica : For, 
 
 1. It being considerably peopled, and situate on the sea coast, 
 ■wiih convenient harbours, and so near adjacent to the province of 
 New-York and Long-Island, being also well-peopled colonies, may 
 be pr iper for nierchanls, trade-imen, and navigators. 
 
 2 Its likewise proper for such who are inclined to fishery, the 
 whole coast and very harbours mouths being fit for it; which has 
 been no sm;dl rise to the New-England people, and may be here 
 carried on also with great ail vantage. 
 
 8. For iis soil, its proper for all industrious husbandmen, and such,, 
 who by iiard lal)()ur here, on rack rents, are scarce able to maintain 
 themselv>-s, inurh less to raise any estate for their children, m;iy, 
 wiih God's blessing on th.'ir labours, there live comfortably, and 
 provide well for their families. 
 
 4. For carpenters, bricklayers, masons, smiths, mill-wriglits. and 
 wheel-vvrighis bakers, tanners, laylors, weavers, shoe-makers, 
 hatters, and ail or most handicrafts, where their labour is nuich more 
 valued than in tliese paris, and provisions much cheaper. 
 
 5. And chietly for sui;li of the ahove-nientioned, or "any other 
 who upon solid groun'ls and weighty considerations, are inclined in 
 their minds to go into those part-; without which their going 
 there cannot be comfortable, or answer tht-ir expectation. 
 
 I'hirteen, The Indian natives in this country are but few, com- 
 parative to the neighboiu'ing colonies; an 1 those that are there, are 
 so far from being foruddableor injurious to tiie planters and inhabi- 
 tants, that they are really servicenble and advant;igious to the English, 
 not only in burning and taking the deer, and other wild creatures, 
 and cati'hing of fish and fowl fit for food, in their seasons, but in 
 tlie kijling atid destroying of bears, wolves, foxes, and other 
 verniine and peltry, whose skins and furrs they bring the English, 
 and sell at less price than the value of time an f]nglish man must 
 spend to take theni. 
 
 Fourteen, As for tlie constitutions of the country, they were 
 made anno dom. 1664. and in the time of John lord Berkely, and 
 sir George Carteret, the late proprietors thereof; in which such 
 
 provision 
 
642 
 
 APPENDIX. 
 
 A. D. provision was made for liberty in matters of religion, and property 
 1682. in their estates; that under the terms thereof, that colony has been 
 considerably peopled, and that much from the adjacent countries, 
 where they have not only for many years enjoyed their estates, 
 according to the concessions: but also an uninterrupted exercise 
 of their particular persuasions in matters of religion: And we 
 the present proprietors, do determine, so soon as any persons here 
 in England, or elsewhere, are willing to be engaged with us, we 
 shall be ready and desirous to make such further additions and sup- 
 plements to the said constitutions, as shall be thought fit, for the 
 encouragement of all planters and adventurers, and for the further 
 settling the said colony with a sober and industrious people. 
 
 Fifteen, Having with all possible brevity, given an account of 
 the country, we shall say something as to the disposition of lands 
 there. 
 
 1. Our purpose is, if the lord permit, with all convenient expe- 
 dition, to erect and build one principal town ; which by reason of 
 situation must in all probability be the most considerable for mer- 
 chandize, trade and fishery in those parts; it is designed to be 
 placed upon a neck or point of rich land, called Ambo point, lying 
 on Rariton river, and pointing to Sandy-Hook bay, and near 
 adjacent to the place where ships in that great harbour commonly 
 
 \ nde at anchor ; a scheme of which is already drawn, and those who 
 
 shall desire to be satisfied therewith may treat for a share thereof. 
 
 2. As for encouragement of servants, &c. we allow the same 
 privileges as was provided in the concessions at first. 
 
 3. Such who are desirous to purchase any land in this province, 
 free from all charge, and to pay down their purchase monies here, 
 for any quantities of acres; or that desire to take up lands there, 
 upon any small quit rents to be reserved ; shall have grants to them 
 
 • and their heirs, on moderate and reasonable terms. 
 
 4 Those who are desirous to transport themselves into those parts 
 before the purchase, if any thing there present to their satisi'action, 
 ■we doubt not but the terms of purchase will be so moderate, equal 
 and encouraging, that may engage them to settle in that colony. 
 
 Our purjiose being with all possible expedition to dispatch persons 
 thither, with whom they may treat; and who shall have our full 
 power in the premises. 
 
 As for passage to this province, ships are going hence the whole 
 year about, as well in winter as summer, Sandy-Hook bay being 
 never frozen : The usual price is five pounds per head, as well 
 masters or servants, who are above ten years of age; all under ten 
 years, and not children at the breast, pay fifty shillings; sucking 
 •children pay nothing ; carriage of goods is usually forty shillings per 
 ton, and sometimes less, as we can agree; the cheapest and chielest 
 time of the year for passage, is from midsummer till the latter end 
 of September, when many Virginia and Maryland ships are going 
 out of England into those parts ; and such who take then their 
 voyage, arive usually in good time to plant corn sufficient for next 
 summer. 
 
 The 
 
 * 
 
A 1» P E N D I X . 
 
 543 
 
 The goods to be carried there, are, first, for people's own use, all A. D. 
 «orts of apparel and household stuff, and also utensils for husbandry 1682. 
 and building; secondly, linnen and wooii<en clotiis and stuffs, fitting 
 for apparel, &c. which are fit for merchandize and truck there 
 in the country, and that to good advantage for tfie importer, of which 
 further account will be given to the enquirer. 
 
 LHsily. Although this country, by reason of its being already 
 considerably inhabited, may afford many conveniencies to strangers, 
 of which unpeopled countries are destitute, as lodging, victualing, 
 .&c. yet all persons inclining unto those parts, must know, that in 
 their settlement there, they will find their exercises; they must have 
 their winter as well as summer; they must labour before they reap, 
 and, till their plantations be cleared (in summer time) they must 
 expect (as in all those countries) the musketos, flies, gnats, and such 
 like, may, in hot and fair weather, give them some disturbance, 
 Tvhere people provide not against them ; which, as land is cleiired, 
 are less troublesome. 
 
 And all such persons who desire to be concerned, may repair to 
 Thomas Rudyard or Benjamin Clark, in George-Yard, in Lombard- 
 street ; where they may view the constitutions, the scheme of the 
 intended town, the map of the country, and treat on terms of 
 purchase. William Penn, Robert West, Thomas Rudyard, Samuel 
 •Groom, Thomas Hart, Rifhard Mew, Thomas Willcocks, Ambrose 
 Rigg, John Hey wood, Hugh Hartshorne, Clement Plumstead, 
 Thomas Cooper, are the pre.setit proprietors of East-Jersey ; but their 
 purpose is to take in twelve persons more, to make up the number 
 •of proprietors twenty-four. 
 
 JProposals hy the proprietors of East-Jeri^ey, in America, for the buili- 
 ing of a town on Amho Point, and for the disposition of lands in 
 thai province; and, also for encouragement of artificers and labourers 
 that sh<dl transport themselves thither out of England, Scotland, 
 and Ireland. 
 
 ORASMUCH as Ambo Point, is a sweet, wholsorae, and 
 dtlightful place, proper for trade, by reason of its commodious 
 situation, upon a safe harbour, being likewise act'ommodated with 
 a navigable river, and fresli water, and halh by many persons of 
 the greatest experience and best judgment, been approved for the 
 goodness of the air, soil and situaiioti ; 
 
 We, the proprietors. purt)0se by the help of Almighty God, 
 with all convenient speed, to build a convenient town, tor merchan- 
 dize, tiade and fishery on Ambo Point; and because persons that 
 hath a desire to plant there, may not be disappointed for want of 
 proposals, we, the propriet(»rs, offer these following: 
 
 First. We intend to divide fifteen hundred acres of land upon 
 Ambo Point, into one hundred and fifty lots; which lots shall con- 
 sist of ten acres the lot; one hundred of the lots we are willing to 
 sell here, and fifty we reserve for such as are in America, and have 
 long desired to settle there. 
 
 Secondly. The price of each lot will be fifieen pounds sterling, to 
 such who purchase before the 25th of December, 1682; and to 
 
 such 
 
544 
 
 APPENDIX. 
 
 A. D, such who purchase afterwards, before the 25th of December, 1683, 
 1682. twenty pounds sterling. 
 
 Thirdly, Every lot is to be as equally divided as the goodness of 
 the place doth require, and the situation can admit. 
 
 Fourthly, The most convenient spot of ground for a town shall 
 be divided into one hundred and fifty equal shares, and set out into 
 streets, according to rules of art; and no person shall be preferred 
 before another in choice, whether purchaser or pro{)rietor. 
 
 Fifthly, We reserve four acres for a market place, town-house,. 
 &c. and three acres for publick wharfage. 
 
 Sixthly, Each purchaser is obliged to build a dwelling house itii 
 the place designed for the town, and to clear three acres of up land, 
 in three years, or else the proprietors to be reinstated in such lots 
 wherein default is made, repaying the purchase money. 
 
 Seventhly, We tiie proprietors do within a year, hope, by God's 
 assistance, to build for each of n<, one house upon Ambo point; 
 which we intend shall stand in an orderly manner, according to the 
 best and most convenient model. 
 
 And in pursuance of the design of the propositions abovesaid. 
 
 Eighthly, And for the encouragement of carpenters, joiners, brick 
 and tile makers, bricklayers, masons, sawyers, and labourers of all 
 sorts, who are willing to go and employ themselves and servants, in 
 helping to clear ground, and build houses upon the general efccount 
 of and for the proprietors. 
 
 The said proprietors will engage to find them work, and current 
 pay for the same, in money or clothes, and provision, of which 
 there is plenty (as beef, pork, corn, &c.) according to the market 
 price at New- York, during the space of one year at least, next after 
 the 25th of December^ 1682; in which time (through God's blessing 
 and their industry) they may have got wherewith to buy cows, 
 horses, hogs, and other goods, to stock that land, which they in the 
 mean time may take up, according to the concessions ; neither shall 
 such persons pay rent tor their said land, so long as-they are employ- 
 ed in the proprietors work; and their wages shall at all times be sa 
 much as other such artificers and labourers, in the said province 
 usually have ; nor shall they be obliged to work for the proprietors 
 longer than they find encouragement so to do. 
 
 Ninthly. And for the more ready and certain employing those 
 workmen and labourers that shall transport themselves to East- Jersey, 
 this is to let all labourers and persons that shall transport themselves 
 know, they must upon their arrival upon that place, repair to the 
 register of the abovesaid province, and enter themselves according 
 to their respective qualities and designs, and thereupon they shall be 
 entered into the service and pay of the proprietors. 
 
 For disposition of land in East Jersey. 
 
 The governor of East- Jersey, by and with the advice of his coun- 
 cil, is to direct, that all lands to be set and laid out for counties, 
 tribes, cities, or parishes, according to the general concessions of 
 the said province, be bounded and set out in manner following, viz. 
 That all such lands be divided into seven equal lots or parts; one of 
 which seven parts is to be first set out by lot tor the use of the proprie- 
 tors ; 
 
APPENDIX. 
 
 545 
 
 tors ; and the other six parts to be taken up according to the fol- A. D. 
 lowing concessions. . 1682. 
 
 First. Tliat the planting of the said province may be the more 
 effectually promoted, We do hereby grant unto all persons who 
 shall transport themselves, their wives or children, unto East-Jersey, 
 and settle there according to the following conce-sions, by the twenty 
 fifth of December 1684, 'twenty-five acres of land for each head, 
 whether wife, child or servant, which servant shall be bound to serve 
 the term of three years at least within the said province ; and for 
 every such master of a family, fifty acres; the said persons so im- 
 ported are to be registered in the secretary's book of entries to be 
 kept for that purpose ; and the importer to pay to the secretary for 
 fees of attending that service, and entring them, twelve pence each 
 head ; and every servant, male or female, who sliall be so imported 
 and registered by the 25th of December, 1684, shall, at the expira- 
 tion of their time, have liberty to take up tiie quantity of thirty 
 acres for their own uses ; and all the aforesaid importers, and persons 
 imported, who are hereby allowed to take up land, shall have and 
 enjoy the same, under the terms and concessions following: 
 
 Secondly. Forasmuch as this province is already considerably peo- 
 pled and improved (there being seven towns at least already settled 
 upon it by English people) and that no person is constrained by our 
 concessions, to take. up and pay for land which is barren and unpro 
 fitable ; nor can it be reasonably supposed, that people should in 
 this province, be now exposed to the like hazards and difficulties 
 that others must look to meet with in those plantations that are less 
 inhabited and more remote, and for situation by sea and land, not 
 so commodiously placed for trade: Therefore we think it very rea- 
 sonable and moderate, that all and every person and persons, shall 
 have his and their respective quantities of lauds set out at two pence 
 an acre, yearly rent, to be paid into our receivers office, either in 
 money sterling, or in such commodities as the growth or trade of the 
 province affords at the merchants price there; but whosoever is ^ 
 willing to buy off his yearly rent, and become a freeholder, may so 
 do. paying after the rate of twelve years purchase, which comes to 
 fifty shillings for a lot of twenty-five acres, and so paying after the 
 same rate, for a greater or lesser quantity. 
 
 Thirdly, And forasmuch as it will be most commodious for plan- 
 ters to live together, whereby they may be a meet help to each 
 other; It is ordered, that all the purchasers and takers up of land, 
 shall sit down by some village or township already laid out, or to be 
 laid out hereafter, in the said province; and having chosen the 
 village or township, which shall be most convenient and profitable 
 for their business, the surveyor general shall set forth to the said 
 persons, such quantity of lands, to them granted out of the aforesaid 
 six parts, which are not then taken up ; they paying to the said 
 surveyor general, the usual rate of surveying in the said province; 
 and if any person going or sending over, is willing to have a greater 
 parcel of land than twenty-five acres, he may purchase, but not 
 more than one hundred acres ; he paying down, at the sealing of 
 
 his 
 
 2m 
 
APPENDIX. 
 
 his grant, for the satae, after the rate of ten pounds by the hundred 
 acres ; and so more or less for a greater or lesser quantity. 
 
 Fourthly, And if any person is willing to buy land, and yet for 
 the present is not disposed to plant there ; he may so do, paying 
 down here for his grant to the proprietors, according to the rate 
 aforesaid. Provided, that all those persons, who by these concessions 
 shall take up land, be enjoined to build one dwelling house, on some 
 part of their land, within the space of seven years, next after the 
 25Lh of December, 1682 ; and in case of default, one half of their 
 land to return back to the proprietors. 
 
 NUMBER IV. . 
 
 Governor Coxe's narrative relating to the division line, 
 directed to the council of proprietors of West- Jersey. 
 
 I Was desired to give a meeting to the proprietors of East-Jersey, 
 where were present, governor Berkeley, lord Campbell, lord 
 Melford,- secretary of state for Scotland, mr. Penn, mr. Ward, and 
 six or eight more; they presented me the original of an agreement 
 between the commissioners of both Jersies, in order to run the parti- 
 tion point; and witlial a map; whereby it is obvious at the first 
 glance, that above a third part of that land, which was ever ac- 
 counted to belong to West-.Jersey, is allotted to, and comprehended 
 within the limits of East-Jersey : They desired my concurrence to 
 this agreement, as being first in its own nature a most just and 
 equal division or quantity: Secondly, agreed on by commissioners, 
 on both sides: Thirdly, according to rur. Byllinge's instructions, 
 who had im powered his commissioners to make an equal division : I 
 answered in behalf of your colony and of myself, that first, the 
 division was very unjust in its own nature; and secondly, that if it 
 were otherwise ; yet I did appreheiiid, they, who made the agree- 
 ment, were not legally or sufficiently empowered. 
 
 And first, as to the injustice oi the division ; I declared, I thought 
 they ought to have regard unto the letter of the agreement between 
 sir George Carteret and mr. Edward Byllinge; tiie line was to run 
 from Liitle Egg-Harbour, unto the most northerly branch of Dela- 
 ware river, in forty one degrees forty minutes: They denied there 
 was any such branch; I shewed them in their own map, made by 
 mr. George Keith, a river running into Delaware, whose head is 
 near another of Esopus river ; they urging that to be a most uncon- 
 scionable division, and that it would cut off two thirds of their coun- 
 try ; that in the map printed from that original, whereon the par- 
 tition line was drawn, they had a far greater scope of land ; 1 ofiered 
 them to calculate the proportion of land in both Jersies, from the 
 map or chart; and upon the division, they should have a like pro- 
 portion unto what was therein allotted them ; which would have been 
 about the third of the whole: They approved not thereof: I prof- 
 fered lastly, to comply witli the second line, which was proposed by 
 our arbitrators, whereby we gave them a large tract of land, where- 
 
 unto 
 
APPENDIX. 647 
 
 «nto they had no right; which sheweth, that we were both willing A, D, 
 to come to an agreement, in our demands, moderate, favourable 1687. 
 and friendly, in our concessions : I added, that the lands actually 
 in their possession, or sold unto others before the line was agreed to 
 be run, sliould be annexed unto, and for the future, accounted 
 part of their country; which, according to tlieir own concession, 
 were some of the most rich, healthful, and pleasant tracts of land 
 in either Jersies: Neither would this please; they insisted upon the 
 agreement, and would either have it performed or sue the boml : I 
 was somewhat perplex'd how to preserve our own right, and secure 
 our friends from harm; but being willing, as 1 have been, to deny 
 myself any private benefit for publick utility, when they pressed 
 they had either power or not : If power, then all were obliged; if 
 not, they in particular : I answered, they might apprehend them- 
 selves to have power; but really had it not; as appears by the pro- 
 testations of the body of the proprietors and inhabitants of West- 
 Jersey, wherewith the lord Campbell had acquainted me: A nd they 
 themselves are likewise sensible, that they proceeded not only beyond 
 but contrary to their commission ; sind as for the bonds, they could 
 mot be sued, so long as they did upon no overt-act oppose such agree- 
 ment; and the very utmost they could require from them, was so 
 much land as came to their share upon a new division, according to 
 the deed of partition, whereunto they had signed. I then [iro- 
 ceeded to confute their pretensions from an equal division, shewing 
 tliere was not the least loot steps for such a claim in the dee(' of par- 
 tition : I desired them to consider, that West-Jersey proprietors gave 
 above eighteen thousand pounds for the land, which cost not ICast- 
 Jersey proprietors much above four thousand pounds, and for many 
 years last past, proprieties of West Jersey have been valued very 
 little below those of East-J ersey ; which was merely upon the account 
 of the opinion all persons; had the proprietors of East-Jersey, 
 themselves not excepted, that our part exceeded theirs at least two- 
 thirds in quantity of land : I was my self almost two years, owner 
 of an intire propriety in East- Jersey, and continually heard their 
 complaints; nor did I ever hear any mention of a right to an equal 
 division, as to quantity of land, only valuing themselves upoii the 
 goodness of their land, and conveniency of harbours ; which wereopen 
 all the winter. And as for the pretension, that mr. Eyllinge gave 
 commission for an equal division; we could produce hundreds of 
 witnesses, that his great argument unto all purchasers, was, that 
 West Jersey was three times as lArge as East, and eqtial I am a wit- 
 ness, that he intended only equitable according to the agreement or 
 deed of partition ; which diverse can testify. But I added withal, 
 that if he had given a commission, I thought it not valid, without 
 the consent and concurrence of the major part of the proprietors; 
 before he sold the land, he might have disposed it at pleasure, and 
 receded from his own rights; but having sold the land, the propri- 
 etors were to take care, they had their due, according to the deed of 
 partition; upon which terms they bought: For mr. Byllinge, when 
 be granted the pretended commission of division, was possessed only 
 of one single propriety, as he confessed unto diverse, having disposed 
 
 of 
 
 \ 
 
m 
 
 APPENDIX. 
 
 A. D. of seventy, by absolute sale, and mortgaged the other twenty nine for 
 1688. eight thousand pounds ; and tho' I was not willing to suspect any 
 thing of rnr. Byllinge; yet let any consider whether it was fit, that 
 an indigent person, when he had sold his land, should have it in 
 his power to give away the moiety, under pretence of a power to 
 adjust the division, for which he might receive a great sum of money, 
 if favourably determined on the behalf of those with whom we 
 contended: And therefore, no division can be accoimted just and 
 legal, which hath not the consent and concurrence of the majority 
 of the proprietors : I declared unto them, we had thereupon appoint- 
 ed a general meeting, and we shoidd acquaint tliem with the result 
 of our consultation, if they complied with our proposal ; and that 
 it be likewise assented to by the majority of the proprietors in West- 
 Jersey, it should become a filial decision, and be entered in both our 
 records, as up n such occasion is usual ; on the contrary, if they 
 would not hearken to a fair and just proposal; wherein we sliall 
 recede considerably from our riglit; we will declare ourselves i'ree, 
 and maintain the line according to the deed, until they can, either 
 by course at common law, or by an appeal unto his majesty, make 
 an alteration: And the owners of about forty proprieties in and 
 about the city, do request all tiiose who are present in West-Jersey^ 
 to lay claim unto, and account as your own just right, all thai land 
 from Egg-Harbour, to the north branch of Delaware, according to 
 the letter of the agreement in the deed of partition, until the pro- 
 prietors of East-Jersey have totally abandoned all pretensions unto 
 this last, subtilly contrived, pretended agreement; for if they have 
 recourse to the common law, I am very confident, above two part» 
 of three, will become undoubtedly ours. If they appeal to the 
 king; we have not only confidence in his common justice, and un^ 
 biassed respect unto all his subjects, but a par'icular hope, that hi» 
 majesty will remember the lime and manner, and other circumstance* 
 of the division ; how sir George Carteret assured his highness (he 
 being duke of York) that he chose the least part, because near unto 
 his government of New-York. It is likewise well known, and can 
 be attested by diverse, that sir George Carteret did value his share, 
 tho' by him acknowledged not half so large as the other; yet abun- 
 dantly preferable, upon the account of its being well settled with a 
 sober and industrious people, which woidd invite others to come there, 
 "Whereas the other was a desart, and so liitle esteemed for some time, 
 that land in East-Jersey sold ordinarily eight, and often ten times 
 the value which was given for land in West- Jersey : Ii had the advan- 
 tage of seven fair towns, inhabited by 3")0O people; as appears by a 
 list I have: They well accommodated with corn and stock, able tOi 
 supply at easy rates, new-comers with corn and cattle; which cost 
 the first settlers of West-Jersey a third more : Besides the neighbour- 
 hood of New-York, a place of great trade, where they could be 
 readily supplied with whatsoever cloaths, utensils, &c. they wanted. 
 
 I flattered myself with hopes, tliat Mr. Penn, a person of great 
 ability and interest among the proprietors of New Jersey, and who 
 hath often professed a great kindness for the inhabitants of West- 
 Jersey, would have afforded me some assistance, and moderated at 
 
 the 
 
APPENDIX. 549 
 
 •the least the violence of the current, upon the pretended agreement; A. D, 
 but he hath frustrated my expectation, by complying with them in 1687. 
 all things, and signed with the rest; which I confess was extreamely 
 •surprizing to me : and will, I doubt not, appear a little strange to 
 divers amongst you : I could not imagine any considerate indifferent 
 person could approve so unreasonable and sarreptitious an award: 
 But I perceive, that which most influenced him, is a persuasion that 
 the division ought to be equal in quantity, and is confirmed therein 
 by a passage in Mr. Byliinge's commission for settling bounds; 
 wherein he uses the word equal ; and is persuaded, being herein 
 influenced by Mr. Keith's false map, of which I have sent yo.i a 
 t;opy, that Mr. E.eid's proposal is very fair and an exact equal division 
 -of ihe Country. I do not herein charge Mr. Penn with any fault, 
 who I believe acts according to his convictions ; but I only acquaint 
 you herewith, that you may understand your own misfortune; for 
 had not Mr. Penn embraced our interest, we should probably have 
 made a more speedy and advantageous agreement; the proprietors 
 being mightily fortified by his comitenance and authority, to adhere 
 to the la'e award, only as a great argument of their moder;ition 
 and justice: They have made an order signed likewise by Mr. Penn, 
 that if upon a new survey, it appears this agreement give them the 
 greater moiety, they will refund so much as may reduce it to an 
 ■exact quantity. It was a great defect on your part, to agree upon 
 a division either with New- York or East- Jersey, until you bad a 
 most exact survey of the country ; they of New York and East 
 Jersey, have in this respect, exercised the highest prudence, knowing 
 the whole country to a little, and thereby have both overreached 
 you. I have seen their draughts, than which nothing can be more 
 exact ; but they dare not yet print them, till they have adjusted the 
 affair with you, lest their own maps should rise up witness against 
 them : And considering how curiously and diversely Rariton 
 eoiUh, and Passaick river are branched, I judge their country, 
 quantity for quantity, double the value of ours: I never yet saw 
 any maps of West-Jersey, in the least comparable to these of East- 
 Jersey ; 1 .have sent you a pattern of one part of their country, tho' 
 they have a draught of every parcel, and ten times more large and 
 particular than this. I do therefore make it my serious advice, and 
 earnest request, that you will, with all speed, cause a very particular 
 map to be made of your country : I do not mean of every propriety 
 or plantation, but a true account of the length, with a note, if any 
 partof tlie country be extraordinary barren ; where those barrens are, 
 and of what extent : I had almost forgot to tell you a pretty policy of 
 Mr Keith and John Reid, I suppose by direction from some of their 
 superiors:: The draughts they produce for division, are not in the 
 least according to truth, nor according to those they sent their pro- 
 prietors, whereof I having been two years of East Jersey, have most 
 certain knowledge, and exact copies of their own draughts, to com- 
 pare them ; but in those maps they produce for division, they make 
 our country towards the sea and bay, near double the bigness it 
 really bears, and their own almost half as little as really it is ; thence 
 arguing for the reasonableness of addition unto the true line; and 
 
 indeed 
 
«50 
 
 APPENDIX. 
 
 A. D. indeed that which they pretend an equal division, to say nothing of 
 1687. its exceeding ours, generally speaking in goodness; it is above a 
 fifth part greater in quantity, so that having received upon all hands, 
 so unfair dealings, I declare it unto you all, as nay opinion and 
 advice; and if I have any authority amongst you, I intreat and re- 
 quire, that you treat not with them any further about any accommo- 
 dation, nor own that pretended to be already made; but stand by 
 the letter of the agreement between sir George Carteret and Mr. Byl- 
 linge, viz. That the line be run directly from the east side of Little 
 Egg- Harbour, unto the most northerly branch of Delaware river, 
 in forty one degrees and forty minutes: And I question not, but 
 we shall bring them to more reasonable terms than any they have 
 hitherto pi oposed ; at least no pains nor cost shall be wanting on my 
 part; and I have the concurrence of all our proprietors, Mr. Penn 
 excepted, whom I could any ways meet with or consult: And 
 whereas I am very credibly informed that the proprietors of East- 
 Jersey, have ordered lands to be taken np in divers places near the 
 new pretended iineof })artitioii ; thathaviitg possession, upon areview 
 they may liave a more spacious claim ; if any attempt of this nature 
 be made, I do not only protest against it, but request and desire 
 that all the inhabitants of West-Jersey do the same ; and at the same 
 time, the surveyor of West-Jersey, or his deputy, do immediately 
 lake up in my name, all that land which is westerly of the Mill-Stone 
 and Eariton river, which was not actually in their possession of 
 East-Jersey, at the time of their pretended award between Mr. 
 Emiey and Reid : You will better understand my mind by the in- 
 closed map, which is a copy exactly drawn from one of their origi- 
 nals; and we favour them very much in going no further, (for ac- 
 cording 10 strictness, our line runs within three miles of Perth city) 
 and by allowing them that great tract of most excellent land, from; 
 thence to the meeting of Millstone and Rariton river. I shall add 
 one thing more, which seeraeth to me of the greatest consequence: 
 I beseech you let there be no animosity or indignation, severe censure, 
 or spightful reflections, on those who gave their consent unto the 
 award made by Emley : For my part, I am fully satisfied in the 
 honesty and fairness of their intentions ; but the best of men may 
 be overreached by cunning designing persons; forget what's past, 
 and live together as becomes christians, and neighbours and country- 
 men. As 1 have taken care that the publick shall not suffer by iheiE 
 act, so I shall likewise endeavour to secure them from any (rouble, 
 only they cannot act in conjunction with the rest of the proprietors; 
 concerning which I shall give them particular instructions; in the 
 interim, I remain your most affectionate friend* Dan. Coxe. 
 
 * The papers here and before introduced, relating to the division line 
 between East and West- Jersey, appeared to be those best adapted to give a 
 general insight into the proceedings ; and the reader may rest assured that 
 they were not selected with the least partial biass to either side of the 
 question; but if contrary to expectation, it should be hereafter found that 
 any thing material to the purpose is omitted, upon its being properly point- 
 ed out, endeavours will be used, with the utmost candour, to have such 
 omission supplied, or the matter otherwise rectified, as far as opportunity 
 may allow. NUMBER 
 
 / 
 
A P P E X D I X . 
 
 NUMBER. Y. 
 
 The Gouneil of proprietors of West- Jersey, to governor 
 
 Burnet. 
 
 To hi.s excellency William Burnet, esq; captain general and com- 
 mander in chief of the province of New-Jersey, &c. and the 
 honourable his majesty's council there met. 
 
 IN obedience to an order of council, appointing a time to the 
 proprietors for exhibiting their reasons, why the bill for repeal- 
 ing an act for running and ascertaining the line of partition between 
 the eastern and western division of New-Jersey, now lying before the 
 council, should not pass. We for ourselves, and in behalf of those 
 for whom we are concerned with, other the proprietors of New- 
 Jersey ; humbly beg leave to represent as followeth, viz. 
 
 That king Charles the second iiaving by letters patent in the 
 year 1663, granted to his brother, his royal highness the dnke of 
 York, and his heirs and assigns, all those tracts of land in America, 
 of which the colonies of New- York and New- Jersey, now consist; 
 his royal highness by good deeds and conveyances in the law, 
 granted all that part called the province of New- Jersey, as it is now 
 boimded by the sea, Hudson's river, Delaware bay and river ; and a 
 strait line running from the latitude of 41 degrees, on the west side 
 of Hudson's river, to the latitude of 41 degrees 40 minutes, on the 
 east side of Delaware river ; unto the right honourable .John lord 
 Berkeley, and sir George Carteret, and to their heirs and assigns 
 for ever. 
 
 That the said lord Berkeley, by like deeds, granted his moiety or 
 half part of the said tract or province, unto John Fenwicke, in trust 
 for Edward Byllinge; and the said Fenwicke, by other like deeds 
 duly executed, declaring the said trust, granted nine tenth parts or 
 ninety hundredth parts of all the said moiety, which the said lord 
 Berkeley had conveyed to him as aforesaid, unto William Penn, 
 Gawen Lawrie, and Nicholas Lucas, in trust for the said Edward 
 Byllinge. 
 
 That the said sir George Carteret, and the said Edward Byllinge, 
 and trustees, upon a full and absolute agreement among themselves, 
 for dividing the said premisses into two equal parts in value, by 
 indenture quintipartite ; dated the first of July, 1676, did accord- 
 dingly divide the said land, by a line to be run from little Egg- Har- 
 bour, to a certain station point in the latitude of 41 degrees 40 
 minutes, on the most noi'therly branch of Delaware river ; by which 
 the easterly part was ascertained to sir George Carteret, and the 
 westerly to said Edward Byllinge and trustees. 
 
 That after the said partition so agreed, the said Edward Byllinge, 
 and trustees, proceeded to grant and convey the said Edward By II Inge's 
 part or share, being nine-tenth parts of the western moiety, unto 
 several purchasers, under whom most or all the lands of the said 
 
 western 
 
APPENDIX. 
 
 western division are held, excepting only Salem tenth ; and that the 
 proprietor of the said tenth acquiesed also in the same, can be suffi- 
 ciently proved: And in all and every of those deeds of conveyance, 
 the said indentures quinti-partite, and divisions made thereby, are 
 recited as the foundation on which all those grants respectively are 
 made in the said westerly part or division. 
 
 That after the said sir George Carteret's decease, his widow and 
 executrix, who was thereunto fully impowered, granted all the 
 easterly part of the said province, to certain purchasers, called 'the 
 proprietors of East Jersey, by sundry deeds and conveyances, all 
 which deeds in like manner recite the aforesaid indentures quinti- 
 partite, as the foundation on which all those grants in the eastern 
 division are made respectively. 
 
 That it is only by force of this agreement and partition, executed 
 as aforesaid, that the proprietors of the western division are limited 
 to the western part of the said province, on the side of Delaware: 
 and that the proprietors of the eastern division are limited to the 
 eastern part of the said province towards Hudson's river and the 
 sea ; for had no such division been agreed on, as is recited in all the 
 respective deeds of conveyance to tiie proprietors, those of the 
 western division, might with an equal right, have claimed the land 
 towards Amboy, &c. and those of the eastern might have claimed 
 the lands towards Burlington. But the said quanti-partite indenture 
 being executed as aforesaid, before the sales to the proprietors were 
 made, and recited in all the deeds of conveyance, became an abso- 
 lute limitation ; so that neither on the one part nor on the other, any 
 purchasor could claim otherwise than according to that limitation, 
 by which their lands were actually conveyed. 
 
 That notwithstanding this legal, clear and absolute partition, 
 which is binding on every proprietor of the eastern division, and at 
 least on all the nine tenth parts of the western division, sold by 
 Edward Byllinge, or his trustees, and from which, those who are 
 skilled in the law, well know it is impossible legally to recede, with- 
 out the joint concurrence of every individual interested on the pur- 
 chases made under Edward Byllinge, and trustees, and under sir 
 George Carteret ; for it is well known, that iio majority without 
 the whole will in these cases determine the point; yet there have 
 been some persons found from time to time, who on partial views to 
 themselves, have laboured to introduce some other sort of division ; 
 and considerable numbers have been so far unhappily imposed upon, 
 as to imagine a change thereof might be practicable, from which 
 unfortunate deception, attempts have been made to alter it, and 
 eorae lines for that purpose have been run, and settlements thereupon 
 made, without due regard to the true bounds of the respective divi- 
 sions; which introduced such confusion, that the value of lands near 
 the boundaries, have been much lessened, and the people discouraged 
 from making improvements, where the right to the soil itself was 
 liable to be questioned, as not lying within the division, under which 
 it was purchased. 
 
 That the mischevious consequences and manifest irregularities of 
 those attempts, as well as their injustice and inconsistency with law 
 
 and 
 
APPENDIX. 
 
 and reason ; being at length maturely considered under the admini- 
 stration of your excellency's honourable predecessor, brigadier 
 Hunter ; a bill was prepared, not only for causing the aforesaid par- 
 tition line, directed by the quinti partite indentures as aforesaid, to be 
 actually run, as the only legal division that could be made, and 
 which might well at any time have been run, by the tenour of the 
 proprietors general deeds, without any leave, if means could have 
 been readily found to defray the charge; but it was also more especially 
 provided in the said bill, for the settlement of all those who by any 
 mistake had seated themselves, or taken up their lands, without the 
 bounds of their respective divisions, in which they ought to have 
 been surveyed, that they should all be served in their respective pos- 
 Bessions, by the exchange of an equivalent, granted by each division 
 to the other ; which method was judged to be the only practicable 
 means of making all those inhabitants easy and safe, in all their im- 
 provements and estates ; and accordingly the said bill, though at 
 first exploded in the assembly, as being brought into the house some- 
 what too late in time; yet when admitted, was passed by the gover- 
 nor and council, and by the same house, without one dissenting vote. 
 And in pursuance thereof, with the concurrence and assistance of the 
 Beveral provinces concerned, the station point, at the latitude of 41 
 degrees 40 minutes, upon Delaware, was fixed, and random lines 
 were carefully run along the whole distance of the two extreme 
 points, that the true line itself might be run with the greater certainty 
 and ease: It was therefore astonishing to us, to find (as your excel- 
 lency and honourable council have been pleased to make known to 
 us) that it should enter into any man's thoughts, to solicit the repeal 
 of an actgrounded on so solid and unmovable a foundation in law on 
 one part, and on such justice and equity on the other, as we have 
 here humbly represented ; and this even without the least offer of any 
 other plan for remedy of the evils under which this province has so 
 long laboured for want of a due settlement in the premises. 
 
 Nor can we conceive what motives could possibly induce any 
 inhabitant of the province, to endeavour to sap the very foundation 
 of all our settlements, unless there should be any of the opinion, 
 that a just, regular and final determination of the boundaries, and a 
 clear and quiet establishment should not quadrate with their particular 
 interests ; and that they may hope for greater advantages from their 
 own boundless claims in a state of confusion : That there may be 
 something of this kind in view, we have but too great reason to 
 apprehend from the strenous endeavours used of late to difl'use ground- 
 less jealousies and false insinuations among the people of the west- 
 ern division, as if the lesser proprietors would by the late act, be in 
 danger of losing their fourth dividends, while the greater would 
 be secure in the possession of theirs; the absurdity of which, the act 
 itself, with the common method of taking up those lesser fourth 
 dividends, will fully evince ; as also introduce new and extraordinary 
 methods of splitting the smallest shares for qualifying votes for the 
 council of proprietors, who at this time consist of a number of men, 
 whose shares (one gentleman only excepted) will not, as we are well 
 assured, amount to two proprieties in the whole; nor were their 
 
 electors 
 
654 
 
 APPENDIX. 
 
 electors much differently qualified, as upon a scrutiny, may be fully 
 made to appear. 
 
 But as your excellency's principal concern, is the peace and pros- 
 perity of the people, committed by his majesty to your care ; 
 and no subjects can be more deeply interested in the same, than his 
 majesty's honourable council for the same province; and as your 
 wisdom we doubt not will as clearly see, as your justice will dispense, 
 and order what may most conduce to those desirable ends ; in a firm 
 dependance therefore on both these, we shall crave the liberty to pi'ay, 
 that the said bill now lying before the council, for repealing that 
 most useful act, may be rejected ; and that instead of yielding to what 
 might engage his majesty's province in future confusions, your 
 excellency and the council, together with the assembly, would be fa- 
 vourably pleased to encourage such other proposals as may be made, 
 for happily ending all manner of controversies and disputes, concern- 
 ing the estates of the people of the said province. 
 
 John Ladcl, for himself and Col. John Alford ; John Budd, for 
 self and- JBoulton ; John Kay, Wm. Cooper, Francis Rawle, jun. 
 Charles Brogden, Samuel Lippincott, John Snowden,'jun. Isaac De 
 Cow, for himself and Samuel Barker ; Matthews Oardiner, Isaac 
 Pearson, William Pancoast, William Biles, Isaac Watson, Williain 
 Bawle, Thomas Sharp, for self arid John Dennis; John Estaugh, 
 for the London company, John and William Dimsdale, Peter Rich, 
 Benjamin Hopkins and self; William Biddle, Hugh Sharp, Henry 
 Hodge, Robert Rawle, George Budd; James Logan for proprieties, 
 William Perm's family 12, John Bellers 1, Amos Sttretle 1, myself ^; 
 Richard Hill for Nath. Stanbury, Mary Willson. 
 
 NUMBER VI. 
 
 Reasons and 'proposals for an amendment of the quinti 
 partite line, and the act made for the confirmation, thereof. 
 
 First. T) E C A U S E the act was passed without the knowledge or 
 J3 consent of numbers of the propirietors, and the allowing 
 or disallowing the line, being matter of property, and of great 
 consequence to them ; it is conceived to be against natural justice to 
 pass any law, to dispose of their private property without their con- 
 Bent. 
 
 Second, Because there was another line more fairly and equally 
 agreed to by the governors, and majority of the proprietors of each 
 division, and actually run at great expence. 
 
 Third, Because the act is deficient in divers instances, and par- 
 ticularly in this; that tho' by the act, the quantity of land in each 
 division, is to be the same, yet the quality thereof is not regarded, 
 and may be extreamly diff"erent ; the eastern division being well 
 known to contain considerable more good land than the western; 
 which, with the addition of Staten-Island, which it's presumed is 
 their right, will make their share considerable more in value than 
 
 what 
 
 A. D. 
 1687. 
 
APPENDIX. 
 
 6§5 
 
 what must fall to the western proprietors ; and particular persons may 
 be very much prejudiced thereby; for an equal number of acres of 
 land, up at Mohockamack, or in any of the upper parts, would 
 scarcely be thought an equivalent to any individual, for the loss of 
 a tract in the lower part of the province. 
 
 Fifth, That several tracts of lands, since the making of that act,, 
 have been taken up both by western and eastern proprietors, whicii 
 the line, when run, may cast into the opposite division from that 
 they were thought to be ; and as this mistake would not have hap- 
 pened but from the neglect of running the line, it would be hard 
 they should suffer, and would therefore be proper to fall on measures 
 to secure them in their possessions. 
 
 Sixth, The commissioners and surveyors are not limited from, 
 but have it in their power to give away (under pretence of an equi- 
 lant) the estate of any one proprietor, if in the fourth dividend, 
 tho' it should amount to 10 or 20,000 acres, and that before sold, 
 or disposed of. 
 
 Seventh, That many of the proprietors and purchasers in West- 
 Jersey, had, before the making of that act, sold several tracts of land,, 
 surveyed and recorded in right of a fourth dividend, wliich may 
 fall to the eastward of the quinti partite line, tho' they were to the- 
 westward of the line agreed to by Coxe and Barclay, (which at 
 that time was universally esteemed to be the true line) yet by this 
 act the purchaser may be ousted of his freehold, and the vender 
 liable to be sued and put to great charge ; which is an inconveniency 
 proper to be considered and redressed. 
 
 It is therefore proposed, that the proprietors of each division,, 
 should consent to an amendment of the above grievances, and that 
 an equivalent be given to the western proprietors, for the loss of that 
 gore of land between the quinti pariite line, and that commonly 
 called the scotch line, up to the south branch of Rariton : and also, 
 for so much of that tract of land lying in the forks of the north branch 
 of Rariton, held under eastern rights, should it be confirmed to the 
 eastern proprietors pursuant to that act, it being always received to 
 be in the western division by the agreement made between Coxe 
 and Barclay. 
 
 At a council of proprietors held at the city of Perth- Amboy, 
 
 August 17, 1742. 
 
 PRESENT. 
 
 NUMB. YII. 
 
 John Hamilton, esq ; president. 
 Robert Hunter Morris, esq ; 
 
 Mr. Dunstar. 
 
 Mr. Peters, for Messrs. Penns. 
 
 for Mr. Ashfield's propriety. 
 Mr. Alexander, 
 Mr. Johnston. 
 Mr. Burnet, 
 
 Mr. Leonard. 
 Mr. Nevill. 
 Mr. Smythe. 
 Mr. Foreman. 
 
 THIS 
 
556 
 
 APPENDIX. 
 
 THIS board having had under consideration, at its several meetings 
 in and since September last, the paper delivered by the western 
 proprietors, entitled, reasons and proposals for an amendment of tlie 
 quinti partite line, and the act made for the confirmation thereof, 
 have hitherto delayed coming to any resolutions; in order that all 
 the members might thereby have an opportunity of weighing and 
 giving their judgments in a matter so nearly affecting their interest; 
 and the same being now maturely considered at a full board, it is 
 unanimously agreed, to return the following answers to the several 
 articles of the said paper. 
 
 To the first, it is the opinion of this board, that though the act 
 might have passed without the knowledge and consent of some of the 
 proprietors of the western division of New-Jersey, yet they have 
 reason to believe, it was warmly solicited by such as were owners of 
 a great number of the shares, and pa'^t with the consent of a greater 
 number of those proprietors, than ever hath been, or can be got to 
 -agree to any alteration of that act : As to the quinti partite line, the 
 deed of 1676, by which it was agreed on, having been executed by 
 all the then proprietors of the eastern and western divisions of New- 
 Jersey, did legally establish that partition line; and being so esta- 
 blished, it wanted not the authority of that act to make it binding 
 on all parties thereto, and their assigns ; nor does that act, as we 
 conceive, by establishing that line, dispose of any man's property. 
 
 To the second, this board has been informed, and believes, that 
 in the year 1686, the lieutenant governors of the eastern and western 
 divisions of New-Jersey, entered into bonds of arbitration, to stand 
 -to the award of John Eeid and William Emley, concerning the par- 
 tition line between East and West Jersey ; and that those arbitrators 
 made an award of the course which such line should run from little 
 Egg-Harbour ; and that the following year George Keith, surveyor 
 ^general of the eastern division ; did, as we believe, at their expence, 
 actually run the line so awarded, from little Egg Harbour, to Dobies 
 plantation, on the south branch of Eariton ; which is upwai-ds of 
 sixty miles. 
 
 This board has likewise been informed, and believes, that another 
 partition line was afterwards agreed on between the chief governors 
 doctor Coxe and Robert Barclay ; but has not heard of any part there- 
 of being afterwards actually run ; and it appears not by any thing on 
 ■our records, that either of those two lines were made binding on the 
 proprietors of either division, or with consent of the majority of the 
 proprietors ; and had they been with such consent, yet could they 
 iiiot thereby have appeared to alter the quinti partite line before 
 agreed to by all the proprietors. 
 
 To the third, we know nothing in the act that supposes the quan- 
 tity of land in each division to be the same; nor do we conceive 
 after the execution of the quinti partite deed, that the proprietors 
 of either division had any concern with the quantity or quality of 
 the land of the other division ; tho' were it a matter proper to be 
 enquired into, we have reason to believe, that the western division 
 would be found to contain a much greater number of acres, even 
 including Staten-IslanJ, than the eastern division. 
 
APPENDIX. 
 
 657 
 
 To the fourth, there has been many applications from the eastern, 
 to the western proprietors, to join in the running the quinti partite 
 line according to the act, and tlie eastern proprietors have always- 
 been ready to join in that work ; and if any mistakes have happened 
 such as the article sets forth, its but reason they should suflf'er,- seeing 
 the proprietors of both sides were sufficiently warned by that act, 
 of the danger of such mistakes, and ought to place their loss thereby 
 to the account of those who have been the cause of the delay of the 
 running of the line. 
 
 To the fifth and sixth, we are of opinion, that the act was princir 
 pally framed, with a view to prevent the inconveniencies set forth in 
 these articles, and is sufficiently woi'ded to answer the ends. 
 
 As to the equivalent proposed by the said paper to be given to the 
 western proprietors, we conceive, that the act has fully provided a 
 remedy for an equivalent to that division, to which it shall be found 
 to belong. 
 
 And upon the whole, as the act was passed with the consent of a 
 very great number of proprietors, especially of the western division, 
 and as the act has received the royal assent, so that no alteration can 
 be made therein but by the king's express assent first had: And as 
 it might be of very dangerous consequence, to alter or attempt 
 the altering any part thereof; and as we believe the consent cannot 
 be had of so great a number of the proprietors to any alteration, as 
 there was to the making of the act; we cannot agree to 'any the least 
 alteration therein ; and hope the western division proprietors will 
 join with the eastern proprietors in the running of the line, and 
 estimating the equivalent, pursuant to the act: And that the work 
 may be begun this fall, and carried on in the manner proposed by 
 the minute of this board, of the 28th of May, 1741, (whereof 
 a copy was then sent to the western proprietors) or in such other 
 reasonable manner as can be agreed on; and hope, that we may 
 not be laid under any necessity of running the line exparte, or of 
 taking any compulsory method for settling the equivalent; and in 
 ho[)es that things so disagreeable, might have been avoided, we 
 have hitherto delayed the having recourse to them. 
 
 Ordered, that Mr. Johnston, Mr. Nevill, Mr. Burnet, Mr. 
 Leonard and Mr. Smyth, or any three of them, be a committee to. 
 agree with the western division proprietors, upon the time, ways, 
 and means for running the said line, pursuant to the act ; having 
 regard lo the former minutes of this board concerning the same, 
 and to employ the persons necessary for the work in behalf of the 
 eastern proprietors ; which committee are to be ready at Perth-Amboy 
 at any time, until the end of March next; to meet or correspond 
 with a committee of the western proprietors for the above purpose. 
 
 Ordered, that if any other of the members of this board, be at 
 Perth-Amboy, that they be admitted into the said committee. 
 
 Lawr. Smyth, register to the council of proprietors. 
 
 NUMBER. 
 
§58 
 
 APPENDIX. 
 
 NUMBER yill. 
 
 To the King's most excellent majesty. 
 
 The remonstrance and humble petition of your majesty's most loyal sub- 
 jects, inhabiting in your majesty's province of East New-Jersey, 
 in America. 
 
 Humbly sheweth, 
 
 TH A T whereas your majesty's humble petitioners did remove 
 and settle themselves into the said province of East New-Jersey, 
 and by virtue of a , Licence from the honourable colonel Richard 
 Nichols, governor of the said province, under his then royal highness 
 the duke of York, to purchase lands of the native pagans; did, ac- 
 cording to the said licence, purchase lands of the said natives, at 
 'their own proper costs and charges ; and whereas since his said royal 
 highness did sell and transfer all his right and interest to the said 
 province of East New-Jersey, to certain proprietors; by whose 
 licence, several others your majesty's loyal subjects, have also since 
 purchased lands at their own proper costs and charges, of the native 
 pagans of the same place ; whereby they humbly conceive they have 
 acquired and gained a right and property to the said lands so pur- 
 chased ; yet notwitlistanding, your majesty's loyal subjects are mo- 
 lested, disturbed and dispossessed of their said lands, by the said pro- 
 prietors or their agents; who under pretence and colour of having 
 boutiht the government, with the soil, have distrained from, and 
 ejected several persons for and under the pretence of quit rent, and 
 lord's rent ; whereby your majesty's liege subjects have been sued, 
 and put to great trouble and charges, and have been compelled to 
 answer to vexatious actions ; and after they have defended their own 
 ■rights, and obtained judgment in their favour, could not have 
 their charges, as according to law they ought to have ; but have been 
 forced to sit down under the loss of several hundreds of pounds, 
 sustained by their unjust molestations. 
 
 And further, notwithstanding your majesty's liege subjects have 
 purchased their lands at their own proper costs and charges, by 
 virtue of the aforesaid licence; yet the said proprietors, governors 
 ■or agents, without any pretended process of law, have given and 
 granted great part of the said lands, by patent, to several of the said 
 proprietors and others, as to them seemed fit. 
 
 And notwithstanding their pretence to government, yet they left 
 ns from the latter end of June, 1689, till about the latter end of 
 August, 1692, without any government, and that too in the time 
 •of actual war ; so that had the enemy made a descent upon us, as 
 we were without any military officers to command or give direc- 
 tions, in order to our defence, or magistrates to put the laws in 
 execution ; and during the whole time, the said proprietors have 
 governed this your majesty's province, they have never taken cr.re. 
 to preserve or defend us from the native pagans, or other enemies, 
 by sending or providing any arms, ammunition or stores ; but rather 
 
 have 
 
APPENDIX. 
 
 have provoked and incensed the said natives to make war upon us, 
 by surveying and patenting their lands, contrary to their liking, 
 without purchasing the same from them, or making any satisfaction 
 in consideration thereof; and sometimes when the said natives have 
 sold and disposed their lands, as to them seemed meet, they the 
 said proprietors have disposed of the same to others, or else found 
 them who had the property in it, to purchase it of them, upon their 
 own terms ; which the said natives have highly resented, and often 
 complained of, and (may justly be feared) wait only for an oppor- 
 timity to revenge it upon the inhabitants of this your majesty's 
 province. 
 
 And further to manifest the illegal and arbitrary proceedings of the 
 said proprietors, in contempt of yoar majesty's laws, and against 
 their own knowledge, signified in a letter by them to the council 
 here in East New-Jersey, wherein tliey say as foUoweth : ' We have 
 ' been obliged against our own inclinations to dismiss colonel Ham- 
 'ilton from the government, because of a late act of parliament dis- 
 ' abling all Scotchmen to serve in places of publick trust and {)rofit, 
 
 * and obliging all proprietors of colonies to present tlieir respective 
 ' governors to the king, for his approbation ; so we have appointed our 
 
 * friend Jeremiah Basse, to succeed colonel Hamilton in government, 
 ' whom we have also pre-^ented to the king, and by him he is owned 
 
 * and approved of.' i^otwithstanding which letter, they have su- 
 perseded the said Jeremiah Basse (whom they wrote was approved by 
 your majesty) and have commissionatad the said colonel Hamilton, 
 without your majesty's royal approbation; although removed before 
 by them, as a person disabled by law; who now by virtue of their, 
 the said proprietors commission only, would impose himself upon us 
 as governor; and when in government before, superseded by the 
 aforesaid Basse, was by them continued about a year after the 25th 
 of March 1697, without taking the oath enjoined by law; and doth 
 now presume to exercise government, not having legally taken the 
 said oath, or having your majesty's royal approbation. The said 
 proprietors of East New-Jersey, have also, in contempt of your ma- 
 jesty's known laws, commissionated a native of Scotland to be 
 secretary and attorney-general of this your majesty's province ; (being 
 both places of the greatest trust next to the governor) and one of the 
 same nation to be clerk of the supreme court of this your majesty's 
 province ; which may be of ill consequence, in relation to the act of 
 tra.de and navigation, and to the great hindrance of your majesty's 
 loyal subjects, (the power of government being chiefly in the hands 
 of natives of Scotland) from informing against any illegal or fradulent 
 trading, by Scotchmen, or others in the province. 
 
 We your majesty's loyal subjects, labouring under these, and many > 
 other grievances and oppressions, by the proprietors of this your 
 majesty's province of East New-Jersey ; do in most humble manner, 
 lay ourselves before your majesty (the fountain of justice) humbly 
 imploring your majesty will be graciously pleased, according to your 
 princely wisdom, to take into consideration our evil circumstances, 
 under ihe present proprietors, (if the right of government is invested 
 in them) and that your majesty will be graciously pleased to give 
 
 your 
 
660 
 
 APPENDIX. 
 
 your royal orders to the said proprietors, that with your majesty's 
 royal approbation, they compiissionate for governor, a fit persoa 
 qualified according to law, who as an indifferent judge, may decide 
 the controversies arising between the proprietors and the inuabitanta 
 of" this your majesty's province ; and settle all the difffirences, which, 
 at present they labour under; and your majesty's petitioners as ia 
 duty bound, shall ever pray. 
 
 John Royce, Samuel Walker, Vincent Rugnion. 
 
 Memorandum. Besides these three, there are 221 more in the 
 original. 
 
 NUMBER. IX. 
 
 To the right honorable the lords of the council of trade 
 and foreign plantations. 
 
 The memorial of the proprietors of East New- Jersey, in America.' 
 
 THE proprietors having in all their applications to this honourable 
 board, shewed an aversion to have any controversy with hia 
 majesty ; as by their several expedients in their memorials laid before 
 your lordships may appear; and considering how often the near 
 neighbourhood of East-Jersey to New York, (the most important 
 frontier belonging to the crown of England, in North- America) has 
 been urged upon them, to induce them to a resignation of their go- 
 vernment ; they do hereby declare themselves ready to surrender the 
 same to his majesty ; although the government was the chief motive 
 of purchasing the said province, which they did by the opinion and 
 advice of eminent council, learned in the law ; upon the credit of 
 which, and the confirmation by king Charles the second, of the title 
 to the grantcCvS, their heirs and assigns, as absolute proprietors and 
 governors (as by his proclamation hereunto annexed does appear) 
 they have buried great part of their estates in building, and planting 
 the country ; and at their own expence maintained the government 
 for several years past, as well as before his majesty's happy successioa 
 to the crown, as ever since ; and have not received any returns what- 
 soever, for all their labour and cost to this day. In consideration of 
 the premisses, the pro[)rietors do, in humble confidence, rely on hia 
 majesty's justice and goodness, to confirm to the proprietors and 
 planters respectively, the following rights and privileges; to render 
 them .(at least) as easy under his majesty's government, as when 
 under the proprietors ; towards which they presume to enumerate 
 the following particulars, viz. 
 
 First, That his majesty will be graciously pleased to confirm to 
 them, the noil and lands of the said province, and the quit rents- 
 reserved upon the grants made, or to be made to the planters or others. 
 
 Second, That upon the aimexation of the government of the 
 said province, to that of New- York, the port of Perth-Am boy 
 may be established, for entering ships, and importing goods there, 
 
 and 
 
APPENDIX. 
 
 and exporting goods from thence, witlioiit being obliged to enter 
 their ships at any other place; paying the same, or like custom to 
 liis majesty, as are or shall from time to time, be payable at New- 
 York. . 
 
 Third, To-have free liberty to trade with any Indians, or other 
 inhabitants of Ainerica, without interruption ; and the proprietors 
 to have the sole privilege (as always h;uh been practised) of pur- 
 chasing from the Indians, all such lands lying within East-Jersey, 
 as yet remain unpurchased from them. 
 
 Fourth, All necessary officers and courts of justice, for administra- 
 tion of justice, in cases criminal and civil, to be appointed and 
 held in East-Jersey; in the same manner as is practised within the 
 government of NTew York ; and that the inhabitants may not be 
 obliged to go to New-York, or be impleaded there, for any criminal 
 or civil matter arising within E tst-Jersey, nor be compelled to serve 
 upon juries, or in any ministerial office within the province of New- 
 York. 
 
 Fifth, That a superior court be held twice a year, at Perth-Amboy, 
 before wliicli writs of error, or appeals (in the natui'e of writs of 
 error) from other courts within the province, may be brought and 
 determined. 
 
 Sixth, That the public register, and all records relating to the 
 said province, may be kept at Perth-Amboy, and not removed to 
 any other place; and that the constituting of the secretary and re- 
 gister, and the surveyo'* general of the said province of East New- 
 Jersey, remain in the proprietors. 
 
 Seventh, That the same number of counties be continued in East 
 Jersey, as there are at present, and by the same names ; and that 
 each county in East Jersey, may choose and send as many representa- 
 tives to the generjil assembly, to be held for New- York and East- 
 Jersey, as are or shall be chosen by any county in New-York ; and 
 if any more counties shall be hereafter created or appointed in New- 
 York, as many may be creited and a{)pointed in East-Jersey. 
 
 Eighth, That a proportionable number of the inhabitants of East- 
 Jersey, may be appointed to be of the governor's council, at all 
 general assemblies, and to have votes therein. 
 
 Ninth, That the twenty-four proprietors may be lords of the 
 soil, and hold courts for the lands in tlieir proprietyships, and ap- 
 point all officers that relate thereunto. 
 
 Tenth, No person or persons whatsoever, to be molested or de- 
 prived of any civil right or privilege, or rendered uncapable of 
 holding any office or employment in the government, because of 
 their religious principles; the province being planted by protestant 
 people of divers persuasions, to whooa that liberty was an original 
 encouragement. 
 
 Eleventh, That all wills of persons dying within East-Jersey, and 
 letters of administration of estates lying there, may be made and 
 granted by the chief judge of East-Jersey, for the time being, who 
 is to reside there, and a register thereof kept at Perth-Amboy. • 
 
 Twelfth, That the proprietors still have their powers continued, 
 to grant markets and fairs in the said province. 
 
 TMrteenth, 
 
 2 N 
 
APPENDIX. 
 
 Thirteenth, Lastly, all lands, goods and chatties of felons, felons 
 of themselves, deodands, fugitives, pei-sons outlawed and put in 
 exigent, waifs, estrays, treasure trove, mines and minerals, royal 
 mines, wrecks, royal fish, that shall be forfeited, found or taken 
 within East-Jersey, or by the inhabitants tiiereof, within tiie seas 
 adjacent, to remain to the proprietors, with all other privileges and 
 advantages, as amply as in the grant and confirmation to them of the 
 fourteenth of MarchI 1682. 
 
 And because many of the proprietors of East- Jersey, are also pro- 
 prietors of West-Jersey ; it is humbly desired, tiiat colonel Andrew 
 Hamilton, may be dispatched by this board, to the government of 
 West-Jersey ; his presence being much wanted there, for the con- 
 venience of bis mnjesly's subjects in that province. 
 
 Signed by order, and on behalf of the proprietors. 
 
 William Dockwra, secretary and register. 
 
 NUMBER X. 
 
 Opinion and answer of the lords commissioners for trade 
 and plantations, to the memorial of the 'proprietors of 
 E. N. Jersey, in America, signed "by Mr. Dockwi'a, 
 and received from him the 6th of July, 1699.* 
 
 Article 1. have no objection to what is herein desired. 
 
 Article II. YV We conceive his majesty may do what is iierein 
 proposed, in case the proprietors accept of a new ciiarter, with such 
 conditions as are reasonable, with relation to their propriety; but 
 that it is very improper for his majesty to oblige himself to a com- 
 pliance with this article by any clause in the new charter. 
 
 Article III. Tiie first part of this article is unreasonable; since 
 it may happen to be sometimes advisable to restrain this liberty : But 
 the proprietors of East-Jersey may have the same liberty granted 
 them of trading with the Indians, as is granted to the iiiiiabitaiits 
 of New-York, or any other plantation in America, under his maje- 
 sty's immediate government; what relates to the purchasing of land 
 may be allowed. 
 
 Article IV. The first part of this article, we conceive, may be 
 fit to be allowed, (provided the officers be appointed by the king's 
 governor) but not without appeals jn civil matters, to the king's 
 governor and council, and to the king in council ; nor so as to hinder 
 trials in criminal matters, by his majesty's especial commission, to 
 be executed either in New- York, or East-Jersey, as shall be thought 
 fit; New- York and East-Jersey being to be accounted one province, 
 without distinction, except as to the propriety of lands, and the 
 dominum utile. 
 
 * Taken from the books in the plantation office. 
 
 AETICIiE 
 
APPENDIX. 
 
 Article V. This article we think fit to be allowed of, provided 
 there l>e a fiiriher iippeal to tlie j^overnor of New-York, and council, 
 which is to consi-it as well of the inhabitants of East- Jersey, as of 
 tho^^e of New- Vork, inditterently. 
 
 AnxrcLR VI. What relates to the publick register and records, to 
 he kept at Perth- A lu boy, may be allowed ; but the not removing them 
 to any other i^dace, upon any account wliaisoever, when the pnblick 
 servic 'shall ri-qiiire it, seems unreasonable ; and the proprietors con- 
 stituting of llie secretary and register (which the king does every 
 where appoint) does not seem fit to be allowed; nor is it fit there 
 should be more than one chief secretary, both for New-York and 
 New-Jersey, who may appoint a deputy to officiate in his absence 
 from either place. 
 
 The surveyor general has a more particular reference to the propri- 
 etors ;iml ilu-ir lauds; so that their constitution of such an othce, 
 may be allowed. 
 
 AiiriCLii Vil. We have no objection . against the number of 
 couniies ; but the re^tof this article seeuis to bewliolly unreasonable; 
 and in ciise East- Jersey be allowed to send one sixth part of the 
 rt- presentatives of the general assembly, and West iv'ew-Jersey one 
 sixth moi'e (which woidd be one full third of the whole number of the 
 representatives lor New-York and the Jersies) it is as much as can 
 well be allowed ; since otherwise these two Jersies under proprietors, 
 would come in competition with New-York itsell. aiid out-vote 
 that pan of the [irovince when united; so that one-third of the 
 number ol' representatives for the Jersies, and two thirds for New- 
 York (or tliereabouts) seems a reasonable proportion. 
 
 AiiTici.E VIll. This may be re;isonable; but then the proportion 
 must be ajjreed on, so as to answer that of the preceding article. 
 
 ARricLE IX. We have no objection to this article, in case those 
 ■oflic^Ts be no other than such as constitute a court baron or leet in 
 Euiflaiid. 
 
 Akticle X. This article must be regulated by acts of parlia- 
 meni, and the usage of .New-York itself. 
 
 Arti(;le XI. The probate of wills is usually in the king's go- 
 nernor; but he may appoint commissaries for executing the same in 
 -uuy pait of his government. 
 
 Articlk XII. We have no other objection, than that this power 
 is usually in the governor. 
 
 .\KTXCi-E XIII. This article may be reasonable, except as to the 
 goods and chattels of trayt()rs, fugitives, and persons outlawed, 
 which is maiter of state ; nor can right accr ling to the proprietors 
 fro'ii the St as adjacent, be Wfll circumscribed; the grant also of 
 ,1<)82, ought lo be dii y considered, and such par.iculars therein as 
 are proper, may be allowed of without such a general and undeter- 
 ■mined reference. 
 
 NUMBER 
 
APPENDIX. 
 
 NUMB. XI. 
 
 To the right honourable the lords of the council, of trade and 
 
 foreign plantalions. 
 
 The humble memorial of the proprietors of the province of East 
 New-Jersey in America. 
 
 THE proprietors in all their applications to your lordsliips, and 
 particularly in their last proposals, having expre-s'd a urent 
 readmess of complying with his majesty's pleasure, in relation to 
 their government, so as their properties might be prt served to iliem, 
 by such concessions on his majesty's part, as are necessary to that end ; 
 are surprised at the dubious answer returned by your k)rdsliii)s to the 
 second article of their proposals, concerning the esiablishmrtui of a 
 port at Perth-Amboy, for entering ships and importing goods there, 
 and exporting goods from thence without being obliged to enter 
 their ships at any other place. For the principal objection thai has 
 been always made, to the allowance of a port in Easi-,Jersey, arising 
 from the non-payment of customs there, and the detriment accruing 
 to the trade of New York ; by reason thereof the proprietors con- 
 ceived, that by submitting to pay the same customs as are paid at 
 New-York, they had efiectualiy answered that objection, and pre- 
 vented all others ; and that they being his majesty's subjects, and 
 equally entitled to his favour and protection with the iidiabitanis of 
 New-York, might under the payment of such du-ties, freely enjoy 
 those conveniencies for trade, which God and nature have allotted lo 
 their colony, ami they have purchased with their money, and which 
 has not been denied to any other American plantati<m ; tho' paying 
 no customs, but permitted as a natural right. The proprietors 
 therefore crave leave (in pursuance of that sincerity and plainness 
 wherewith they have all along addressed to your lordships 
 on this occasion) to declare, that the obtaining a port to be 
 continued forever, was their main inducement to con-^ent to a surren- 
 der of their government ; and therefore, they insist, that in the new 
 charter to be granted them by his majesty, there be an express clause 
 inserted, whereby Perth-Amboy siiall be established a port forever, 
 for entering all shifts coming into, and gointc from East- Jersey, for 
 importing and exporting goods ; and that such |)ort shall not be for- 
 feited or taken away for any misdemeanor whatsoever, but only the 
 persons guilty of the misdemeanor, shall be accountable and punish- 
 able for it. 
 
 This is the only thing that makes the province of any value to 
 the proprietors, or give them hopes of re-iinbursing their {)iirchase 
 money, i*nd other expences in improvements ; and if your lordships 
 think it too great a privilege for them, who have been faithiul 
 subjects to his majesty, and contributed to the defence of the fron- 
 tiers during the late war in America, more than they were able to 
 bear; the proprietors cannot be accessary to their own ruin, by a 
 voluntary surrender ; but must endeavour to vindicate their righie in 
 
 a 
 
APPENDIX. 
 
 a legal manner, and seek redress by such other measures as they 
 shall be advised tvO,"and are consistent vviih their dnty to liis rnajesty. 
 
 Tlie proprietors do further crave leave to mention, that if their 
 desire of a port is once granted, they do not foresee any great diffi- 
 culty, to adju.,t wiih your lordships the other articles mentioned in 
 their memorial. 
 
 Signed on the behalf of the said proprietors, and by their order. 
 
 W11.LIAM DocKWRA, Secretary and Kegister. 
 London, 15th January, 1699 1700. 
 
 NUMBER XII. 
 
 To their Excellencies the lords justices of England. 
 
 The humble petition of the proprietors of the provinces of East 
 and West-Jersey, in America. 
 
 Sheweth, 
 
 THAT your petitioners, as they were advised by their council, 
 being legally entitled to the government of those provinces, by 
 virtue of several grants from the late king James, when duke of 
 York, the declaraiion of the late king Charles the second, under 
 the great seal of England, and of several acts of state and orders 
 of council, adniiiting their right, have, for many years appointed 
 governors there, and particularly coh)nel Andrew Hamilton, who 
 administered the gov(!rnment, to the great service of the crown, and 
 universal satisfaction of the inhabitants, until an act of parliament 
 passed in th« seventh and eighth years of his present majesty's reign, 
 entitled ' an act for preventing frauds, and regulating abuses in the 
 ' plantation trade.' 
 
 Upon which law some doubt arising, whether a native of Scotland 
 (as col. Hamilton is) were capable of being a governor of the plan- 
 tations; your pt^titioners, lor avoiding any colour of offence against 
 that act of parliament, appointed one Jeremiah Basse governor of 
 those provii>ees ; but the lords of the committee of trade and plan- 
 tations, making then some scruple concerning your petitioner's right 
 of government; mr. Basse had not such a formal approbation of 
 his majesty, as that act directs; and though your petitioners were at 
 the same time honoured with instructions from the then lords justices, 
 and lords commissioners of the treasury, for their governors conduct, 
 which were produced, and published by mr. Basse, as a testimony 
 of his being nominated goveri or with the knowledge and implicit 
 consent of liis inHjrsly and his ministers of slate; yet for want of an 
 express approba'.ion in writing, the inhabitants refused to obey him; 
 and he returned to England : Wheretipon your petitioners, who 
 had been informed of the opinions of his majesty's late attorney and 
 present solicitor general, that a native of Scotland was not disabled 
 to execute any office in the plantations, were induced to re-appoint 
 the said col. Hamilton (then in England) governor of those provinces, 
 whom ynur petitioners presented to the lords of the committee of 
 trade and plantations, humbly remonstrating to them, the necessity 
 
APPENDIX. 
 
 of sending a governor for preservation of the publick peane, and' 
 praying their lordships recommendation of hirn for iiis niajesiy's 
 approbation ; but their lordships having resolved to controvert your 
 petitioners right of government, by a trial at law, declared "they 
 could not consent to such an approbation, wilhont prejudice to his 
 majesty's right; yet in regard to the necessity of the people's being 
 under some government till the right was determined, iheir lord- 
 ships delivered their opinion, that col. Hamilton, acting according 
 to the liiws of England, your, petitioners might be safe in comiuissi- 
 onating him, and he in executing their conimis^i(m ; under the secu- 
 rity of which approbation, col. Ilamilton went over, and re-assumed 
 the government of tliose provinces; but some factious and turbulent 
 persons, impatient of any government, oppose his administration, 
 because he is not approved of by an order of council, according to 
 the express letter of the act of f)arliaraent, and have made so great 
 divisions and confusions there, that the publick peace isdaily violated, 
 and the publick justice obstructed. 
 
 That your petitioners have agreed, and are ready to surrender all 
 their right of government to his majesty, upon such terms and con- 
 ditions, as are requisite for preservation of their properties and 
 civil interests, and which they himibly hope will be allowed to thera. 
 
 Your-petitioners therefore most humbly pray, that for the preser- 
 vation of the publick peace of those provinces, your excellencies 
 will be graciously pleased, immediately to approve of col. HamiUou 
 to be governor of the provinces of East and West-Jersey, until the 
 terras of surrender can be adjusted ; and your petitioners shall ever 
 pray. 
 
 Jos. Brooksbank, Dan. Coxe, jun. Tho. Hart, Joseph Ormston,, 
 Joseph Ormston, as having procuration. Miles Forster and Edward. 
 Antill, Gilbert MoUeson, Tho. Barker, Tho. Lane, Paul Domi- 
 niqtie, Tho. Skinner, John Bridges, Michael Watts, E. Richier, 
 Clem. Plumstead, Tho. Cooper, Walter Benthal. 
 
 NUMBER XIII. 
 
 Representation of the lords of trade. 
 
 To their excellencies the lords justices. 
 
 May it please your excellencies, 
 
 IN obedience to your excellencies commands, signified to us by Mr. 
 Yard, upon several papers laid before your excellencies, relating 
 to the slate of his majesty's provinces of East and West-Jersey, in 
 America: We have considered all the said papers, together with 
 others of the like nature, that were already in our hands ; and hav- 
 ing likewise heard what the proprietors and others had to offer; 
 we thereupon most humbly report to your excellencies, 
 
 That those countries which are now known by the name of East 
 and West New-.Jersey, were granted, together with several other 
 territoiies, by king Charles the second, by letters patents, bearing 
 
 date 
 
APPENDIX. 
 
 667, 
 
 date the 12th day of March, 1664, to the then duke of York, 
 his heirs and assigns; together with full and absolute power and 
 autiioriiy to him, his heirs, deputies, agents, commissioners and 
 assigns, to correct, punish, pardon, govern and rule, all such per- 
 sons as did then, or should ai any time thereafter, reside within the 
 said territories, according to such laws, orders, ordinances, direc- 
 tions and instruments, as by the said duke of York, or his assigns, 
 should be established ; and with several other clauses relating to the 
 governm>-nt and defence otthe same. 
 
 That the said duke of York did thereupon grant, convey and 
 assign, the said provinces, (by the names of Nova-Csesaria or New- 
 Jersey) to John lord Berkeley and sir (ifeorge (Jarleret, their heirs 
 and assigns, with all and every the appurtenances thereto belonging, 
 in as tuU and ample manner as the same was granted to him, by 
 the aforesaid letters patents of king Charles the second. 
 
 'I'liat his said majesty king (Jharles the second, by other letters 
 patents, dated the 29ih of Jinie, 1674, did again grant and con- 
 vey to the said duke of York, all the said lands and territories, in 
 the same manner as before expressed ; and that several sub-divisions 
 and sales, having in the mean while been made by the said lord 
 Berkeley, sir George Carteret, tind others claiming under them ; he 
 the said duke of York, did, by indenture, dated the 6tli day of 
 August, 1680, grant and conhrm the [irovince of West New-Jersey, 
 witii all the appurtenances theretni'.o belonging, to Edward Byl- 
 lin^e, of Westminster, gent, in whom the title thereunto then was, 
 and to his heirs and assigns forever ; and did iti like manner, by 
 indenture, dated tiie 14th day of Marcii, 1682, grant and contirm 
 the province of East New-Jersey, with all the appurtenances thereto 
 belonging, to James Earl of Perth, William Penn, esq; and several 
 other persons, in whom the title to the same then was ; and to their 
 lieirs and assigns forever ; and by each of tlie said indentures, did 
 likewise give, grant, and assign unto the aforesaid respective grantees 
 or assigns, ail and every such and the same powers, authorities, 
 jurisdiittions, governnients, and. other matters and things whatsoever, 
 which by the aforementioned respective letters, patents, or either of 
 them, were granted or intended to be granted, to be exercised by him 
 the said duke of York, his heirs, assigns, deputies, officers or 
 agents. 
 
 That the present proprietors who derive their respective titles to 
 their several shares and proportions of the soil of these provinces, by 
 several mean conveyances, from and under tiie aforementioned 
 grants to Edward Bv Hinge, and to the Earl of Perth, and other 
 perstms to whom the duke of York had immediately conveyed the 
 same; do in like manner, and by virtue of divers such mean con- 
 veyances, claim the same powers and rights of government as were 
 granted by king Charles the second, to the duke of York ; and by 
 him to others, according to the tenor of the aforesaid indentures. 
 
 That nevertheless, we do not find, that any sufficient form of go- 
 vernment has ever been settled in those provinces, either by the duke 
 of York, or by those claiming under him, as aforesaid ; but that 
 many inconveniences and disorders having arisen from their pretence 
 
 of 
 
APPENDIX. 
 
 of right to govern. The proprietor* of East "New-Jersey, did sur- 
 render their said pretended right to ihe late king James, in the month 
 of A pril 1688; which was accordingly accepted by him. 
 
 That since his majesty's accession to the crown, the proprietors both 
 of East and West New-Jersey, have continued to challenge the same 
 right as before; and did In the year 1697, apply themselves to ns, in 
 order lo their obtaining his majesty's approbation of the person whom 
 they desired to have continued governor of the said provinces, but 
 at the same time refused to enter into security to his majesty, pursuant 
 to the address of the right honourable the house of lords, of the 18th 
 of March, 1696, that the person so presented by them tlie said pro- 
 prietors, should duly observe and put in execution, the acts of trade; 
 yet nevertheless proceeded, from time to time, to commissionate 
 whom tjiey thought fit, to be governor of those provinces, without 
 liis majesty's approbation ; according to what is required by the late 
 act, for preventing frauds and regulating abuses in the plantation 
 trade. 
 
 That in this manner having formerly commissionated col. Andrew 
 Hartiilton, afterwards mr. Jeremiah Basse; then again superceding 
 their commission to mr. Basse, and renevving or confirming that to 
 col. Hamilton ; and ever since that also, some of them having sent 
 another commission to one capt. Andrew Bown : The inhabitants 
 sensible of the defect and insufficiency of all those commissions, for 
 want of his majesty's authority, have upon several occasions, some 
 of them opposed one of those governors, some another, according 
 as interest, friendship, or faction had inclined them. 
 
 That the inhabitants of East New-Jersey, in a petition to his maje- 
 sty, the last year, complained of several grievances they lay under, 
 by the neglect or mismanagement of the proprietors of that province 
 or their agents, as particularly, that from tlie latter end of June 1689, 
 till about the latter end of August 1692 (which was a time of actual 
 war) they had not taken any manner of care about the government 
 thereof, so tliat there having been neither magistrates established to 
 put the laws in execution, nor military officers to command, or give 
 directions, in order to the defence of the province, they were exposed 
 to any insults that might have been made upon them by an enemy; 
 unto which they also added, that during the whole time the said 
 proprietors have governed, or pretended to govern that province, 
 they have never taken care to preserve, or defend the same from the 
 Indians, or other enemies, by sending or providing any arms, ammu- 
 nition or stores, as they ought to have done; and the said inhabi- 
 tants thereupon, humbly prayed his majesty would be pleased to 
 commissionate some fit person qualified according to law, to be 
 governor over them. 
 
 That it has been represented to us, by several letters, memorials, 
 and other papers, as well from the inhabitants as proprietors of 
 both those provinces, that they are at present in confusion and 
 anarcliy ; and that it is much to be apprehended, left by the heats 
 of the parties that are amongst them, they should fall into such 
 violences as may endanger the lives of many persons, and destroy 
 the colony. 
 
 That 
 
APPENDIX. 
 
 569 
 
 That the greatest number of the proprietors of both those pro- 
 vinces residing in this city, being hereby sensible of the necessity of 
 his majesty's authority, for the preserving of peace and good order 
 in those countries, have lately (n-esented a petition to your excel- 
 lencies ; in tlie preamble whereof, tliongh they still seem to assert 
 their title to the government of the said provinces; yet nevertheless 
 in the end, declare they have agreed, and are ready to surrender 
 the same to liis maje^^ty, upon such terms and conditions as are 
 requisite for preservation of their properties and civil interests ; and 
 they therefore humbly pray, that lor the [ireservation of the publick 
 peace, your excellencies would be graciously pleased, immediately to 
 approve colonel Hamilton, to be governor of both the said provinces 
 of East and West New-Jersey, until the terms of surrender can be 
 adjusted. 
 
 That in a late memorial* presented to your excellencies (and signed 
 not only by the same person, but by others likewise, who would not 
 join in the prayer of the petition) having again prefaced their own 
 pretended right to government; they do in like manner declare 
 their readiness to surrender the same, in humble hope and confidence 
 (as they express themselves) that liis majesty will be pleased to grant 
 them all reasonable privileges, which are necessary to preserve their 
 civil rights, and the interests of planters, and which are not incon- 
 sistent with his majesty's service, or royal authority; alter which 
 they proceed to propose, and particularly enlarge upon, several 
 articles relating to the method of settling both the said provinces, and 
 uniting them under one government. 
 
 That the proprietors of Eiist New-Jersey, residing there, have 
 signed and sent over hither, to a gentleman whom they have con- 
 stituted their agent and attorney in that behalf, an absolute and 
 unconditional surrender of their right to the government of that 
 province, so far as the same is in them, and so far as they are ca- 
 pable of doing it for others concerned with them in that propriety. 
 
 That in relation to the aforesaid articles, we have been attended 
 by several of the proprietors here; who have further personally 
 declared to us, that their intention in proposing the same, is only 
 to secure their rights, in such things as are matter of property ; and 
 that they unanimously desire to surrender the government to the 
 king, and submit the circumstances thereof to his majesty's pleasure. 
 But in relation to the aforementioned petition, that colonel Hamil- 
 ton may at present receive his majesty's approbation to be governor 
 of those provinces, the said {)roprietors are so divided amongst them- 
 selves, that whereas some seem to insist upon his approbation, as one 
 principal condition of their surrender, others in the same manner 
 insist upon his exclusion. 
 
 Upon all which, we humbly represent unto your excellencies, 
 that not being satisfied, that the aforementioned grants from the 
 duke of York, (the only title upon which the said proprietors claim 
 a right to government) without any direct and immediate authority 
 from the crown, were or could be of any validity to convey that 
 right, (which we iiave been informed is a power unalienable from 
 
 the 
 
 * See the memorial which follows. 
 
APPENDIX. 
 
 the person to whom it is granted, and not to be assigned by him 
 unto any otlier; much less divided, sub-divided, and conveyed from 
 one to another, as lias been done in the present case) We did there- 
 upon humbly represent to his majesty, the 18lh of Apiil, 1699, 
 that a tryal might be liad in Westminster-Hall, upon a feigned 
 issue, whereby their claim to the right of government, might receive 
 a determination. 
 
 That no such determination having yet been made, nor any pro- 
 ceedings (that we know of) had, upon the forementioned surrender; 
 but it being generally acknowledged, both by the inhabitants and 
 proprietors of the aforesaid provinces, that the disorder and confu- 
 sion they are now fijlen imo, are so great, that the publiek pe;ice and 
 admini-traticm ofjusiice is interrupted and violated ; and that whilst 
 those disorders continue, tiiere neither is nor possibly can be, any 
 due provision made, for the guard and defence of that country, 
 against an enemy, we are iiurnbly of opinion, that it is very expedient 
 for the preservation of those territories to ihe crown of England, and 
 for securing the private interest of all persons concerned, that his ma- 
 jesty would be pleased to constitute a jjovernor over those provinces, 
 by his immediate commission ; which together with the instructions, 
 to be also given to the said governor, may contain such powers, au- 
 thorities-and directions, as may be necessary for the establishing there 
 a regular constitution of government, by a governor council, and 
 general assembly, with other civil and military officers; and for 
 securing to the proprietors and inhabitants, all their properties and 
 civil rights, in as full and ample marmer, as the like are enjoyed by 
 any plantation, under governors appointed by bis majesty's immedi- 
 ate commission ; together with such clauses and further provisions, as 
 may be thought reasonable, in order to prevent the interfering of 
 that colony with the interest of his majesty's other plantations; as 
 the proprietary governments in America have generally done. 
 
 And we further humbly offer, that draughts of such a commission 
 and instructions may be prepared; and that tiiey may be also shewn 
 to the proprietaries of those provinces, in order to their acquiescence, 
 and the surrender of their pretended right to government, in such 
 manner and form as may be effectual in law, to the final extinguish- 
 ing of their pretences ; or in case of their refusal, in order to such 
 other proceedings as shall then be thought fit. 
 
 All which nevertheless, is most humbly submitted. 
 
 Phil. Meadows, Jo. PoUexfen, Abr. Hill, Mat Prior. 
 Whitehall, October 2, 1701. 
 
 NUMBER XIV. 
 
 The humble memorial of the proprietors of the provinces 
 of East and West-Jersey, in America. 
 
 THOUGH the proprietors are advised by their council, that 
 their right to ports within those respective provinces, was fully 
 asserted, and their past administration of the government of those 
 
 provinces 
 
APPENDIX. 
 
 provinces, as fnlly justified at the late trial had in the court of king's 
 bench, between mr. Basse and tlie earl of Bellemont; they are not- 
 with^<tanding, ready and d.esirous, in obedience to his mnjesty's plea- 
 sure, to surrender all right of government there; in luirable hope 
 and confidence, tliat as his royal wisdom prompts him to resnme tiie 
 American |)roprietary governments into his own more immediate 
 administration ; so his justice and goodness will incline him to grant 
 the proprietors all reasonable privileges, wliicli are necessary to pre- 
 serve their civil rights, and the inierest of the planters, and which 
 are not inconsistent with his majesiy's service, or royal authority. 
 To which they humbly pr()|)o-;e and praj', 
 
 First. That his majesty will grant anvl confirm to them their lands 
 and quit-rents, with such other liberties, franchises and privileges, 
 as were granted to them by the late king James, when dnke of York,^ 
 or have been granted by his majesiyy to other propi ietoi's of provinces 
 in America, except the i^owers of government. 
 
 Second. That his majesty will grant to them, the sole power of 
 purchasing I'rom the Indians, all lands lying within these provinces, 
 which remain iinpurchase<l from them; and that all other persons 
 who have purchased, or shall purchase lands, either with or without 
 licence first had from the proprietors, and who have not already 
 taken patents, shall be oblig^-d to take patents of such lands from 
 the proprietors, under a moderate quit-rent ; and in default thereof,, 
 their title from the Indians to be declared null and void. This the 
 pro|)rietors humbly conceive will be necessHry, as well to vindicate 
 his niMjesty's royal right, as their own property under him; because 
 the |)lanters have lately taken up and [iromoted an opinion, tliat the 
 king's right toall American countries discovered by English subjects,, 
 is only notional and arbitrary; and that the Indian natives are the 
 absolute independant owners, and have the sole disposal thereof;. 
 And some of the planters who have made such purchases of land 
 from the Indians, refuse to take patents from the profirietors, grantees 
 of the crown; and others, who have taken patents, refuse to pay 
 the quit-rents reserved. 
 
 Third. That the inhabitants of both provinces may have thfe same 
 liberty of trading with the Indians, a-! the inhabitants of New-York^ 
 or of any other plantation in America, under his majesty's imme- 
 diate government, do or shall enjoy. 
 
 Fourth. That the port of Pertli-Amboy, in East- Jersey, and the 
 ports of Burlington and Coliansie, in West-Jersey, may be estab- 
 lished ports of those respective provinces forever; and that no ship 
 boimd to any of th ise places, shall be obliged to enter at any other 
 port; nor any ships to be laden there, shall be obliged to clear at 
 any other f)ort; and that officers may be appointed at such port, for 
 collecting the customs, and seeing the acts of navigation duly exe- 
 cuted. 
 
 Fifth. That the proprietors may appoint surveyors general, and 
 other officers, for surveying, and recording of the surveys of land 
 granted by and held of ihem. 
 
 Sixth. That the proprietors of East-Jersey may hold three mar- 
 kets in every week forever, on Tuesday, Thursday and Saturday, 
 
 for 
 
572 
 
 APPENDIX. 
 
 for all manner of cattle, goods and merchandizes, at Perth-Amboy ; 
 and four fairs in every year there, to begin the Monday in the months 
 of and each fair to continue six days ; and tiiat the propi ieiors 
 
 of West- Jersey may hold the like number of markets in every week 
 forever, on Monday, Wednesday and Friday, at Burlington, in 
 West-Jersey ; and four fairs in every year there, to i)egin the 
 Monday in the months of and each fair to continue six days. 
 
 Seventh. ThatEastand West Jersey may beerected iutoone distinct 
 government, and have one general assembly, for making laws for the 
 good of both provinces, to sit alternatively, at Pertli-Amlioy in 
 East-Jersey, and Burlington in West- Jersey; and that such general 
 assembly may be elected every year in the month of and 
 may meet on the first Monday in October, and oftener if need be. 
 
 Eighth. That the general assembly may consist of thirty-six 
 representatives, to be chosen in manner following, viz. two by the 
 inhabitants, housholders of the city or town of Perth-Amboy, in 
 East-Jersey; two by the inhabitants, housholders of the city or town 
 of Burlington, in West- Jersey; sixteen by the freeholders of East- 
 Jersey, and sixteen by the freeholders of West-Jersey ; l)tit that no 
 person shall be capable of being elected a representative by the said 
 freeholders, or afterward of sitting in general assembly, who shall 
 not hav.e one thousand acres of land, of an estate of freehold in his 
 own right, within the province for which he shall be chosen ; and 
 that no freeholder shall be capable of electing such representatives, 
 who shall not have one hundred acres of land there in his own right 
 •of an estate of freehold ; and that this number of representatives 
 shall not be enlarged or diminished, or the manner of electing them 
 •altered, otherwise than by act of general assembly, and the approba- 
 tion of his majesty, his heirs and successors. 
 
 Ninth. That the governor's council may consist of inhabitants of 
 both provinces ; whereof an equal number to be chosen out of each 
 province. 
 
 Tenth. That all necessary officers, and courts for administration 
 of justice, in cases criminal and civil, he established in each pro- 
 vince; and that one supreme court may be held for both provinces, 
 twice in every year, at Perth-Amboy in East-Jersey, and Burlington 
 in West-Jersey, alternatively ; in which courts all writs of error from 
 any other courts within these provinces, shall be brought and deter- 
 mined ; and that this court may consist of the governor's council, 
 and the three capital judges of each province, (except such of 
 them who pronounced the first judgment, sentence or decree) 
 ■or of any seven of them, whereof two of the council, and three 
 judges, for the time being, shall be five ; and every member of 
 the court, who shall be present, shall have an equal vote : saving 
 that where the court shall be equally divided in their opinions, the 
 eldest of the council shall have a decisive vote. 
 
 Eleventh. That no appeal to the king may lie in personal actions, 
 where the cause of action is of less value than two hundred pounds. 
 
 Twelfth. That all protestants may be exempt from all penal laws 
 relating to religion ; and may be capable of being of the governor's 
 council, and of holding any other publick office, though they do 
 
 not 
 
APPENDIX. 
 
 573 
 
 not conform to the discipline of the church of England, or scruple to 
 take an oath ; and that an instruction be given to the governor, for 
 procuring a law to pass in the general assembly, for substituting some 
 proper dt-claration in the place of an oath. 
 
 Tiiirleenth. That his niiijesiy will be pleased to permit the pro- 
 prietors to nominate the first goveraor. 
 
 Fourteentli. That all such fiiriher privileges, franchises and liber- 
 ties, as upon consideration, shall be found necessary to the good 
 government and prosperity of the said provinces, and increasing the 
 trade thereof, may be granted to the proprietors. 
 
 August 12, 1701. Joseph Ormston. 
 
 Joseph Orrnston, having procuration from Miles Forster and 
 Edward Anill, Gilbert Molleson, Thomas l^arker, Clement 
 Plurastead, Thomas Cooper, William Dockwra, Walter Benthal, 
 Edward Kitchier, Joseph Brooksbank, Daniel Coxe, jun. Thomas 
 Lane, Paul Dominique, John Bridges, Micliael Watts, Thomas 
 Skinner, Thomas Hart. 
 
ERRATA 
 
 Poije 35, line 14, some copies, for w; 
 40, /. 18, ditto 
 55, I. 35, 
 
 87, '2.1, for disposed upon 
 93, L 28, 
 100, /. 6, 
 
 116, I. 29,/o?'Hoarkill waslega^ 
 
 118, 1. I, for would 
 136, IG, for have 
 145, I Sjur 1754, 
 166, L 21, 
 
 196, in the note, 
 
 411, and 412, iv. the margin, 
 437, 1. 12, /or Haover 
 438,1 9, for rank 
 439, laM line, for 427, &e. 
 488, /. 4, c/«Ze some copies, 
 490, /. 13, /or and 
 500, /. 34, 
 
 512, 1. 6, for Imprimus son 
 
 read were 
 r. masters right 
 
 in the month called 
 r. be disposed of 
 dele luid 
 r. 1678 
 r. passengers to it 
 were properly 
 r. could 
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 r. 1755 
 dele twelve 
 r. see the act reciting 
 /or 1710, r. 1719 
 
 r. Hanover 
 r. age 
 r. _ 428, &c. 
 
 in many 
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 dele both 
 16 copies, r. Imprimis 
 
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