USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 11
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The Lord Baltamore, the Proprietor of the Province of Maryland, m'. Samuell Allen, the Proprietor of the Province of New Hampshire & the Inhabitants in the Province of the Massachusets Bay, have all their Rights & properties entirely Securd to them, in their respective Proprieties. They have their Agents & Attorneys upon the place, to Manage their affairs with all ffredom tho' att the Same time, the Gov's of all those provinces, are appointed by his Ma'tys immediate Commission.
All which is humbly Submitted by Etc: November 10th 1696. ED RANDOLPH Secy
Petition of Elizabeth-town People for Greater Pro- tection from the East Jersey Proprietors.
[Printed in Grants and Concessions, p. 688.]
TO THE KING'S MOST EXCELLENT MAJESTY.
The humble Petition of the Freeholders Inhabitants and Owners of the Land, of and belonging to ELIZABETH-TOWN, or Township, and other
125
PETITION OF ELIZABETHTOWN PEOPLE.
1966]
Lands thereto adjacent, in the Province of EAST NEW-JERSEY in AMERICA, in behalf of themselves and many others.1
Sheweth,
That his late Majesty King Charles the Second, by his Letters Patents bearing Date the 20th Day of March, in the Sixteenth Year of his Reign, did give and grant to James then Duke of York, and his Heirs, the Government and Dominion, as well as Property of and in all those Lands in America, lyeing [between] Connecticut River, and Delaware Bay, (whereof the Provinces of New York, and of East New Jersey, aforementioned, are Part) with Power to admit who he and his Heirs pleased to inhabit and enjoy Lands there, by virtue of which Grant the said Duke of York did in April 1664, grant a Commission for the Govern- ment of these Places to Col. Richard Nicholls, whom he authorized to execute all Powers which were granted to his Royal Highness by the Letters Patents.
That the said Lands in the said Province of East New-Jersey, were at the Time of making these Letters Patents, some Part in the actual Possession of the Dutch, and other Part in the actual Possession of the Native Indian's, and so continued until about the 27th of August, 1664, at which Time Part of them were Surrendered by the Dutch, to the said Col. Nicholls, who in October 1664, granted leave to John Baily, and others, under whom your Petitioners, or most of them claim their Lands, to Purchase Lands of the Native Indians, which they accordingly did, and the Lands claimed by our Petitioners in the said Province, Part of these Lands so purchased by this Licence, all or most of which Lands so Purchased, were in December
1 No date is attached to this petition as printed, but from some references it con- tains it is presumed to have been transmitted about 1696.
126
NEW JERSEY COLONIAL DOCUMENTS. [1696
1664, granted and confirmed to the said John Baily, and others, by the said Col. Nicholls.
That afterwards the Dutch conquered and regained Possession of these Provinces, and upon the Treaty of Peace Surrendered them again to his said late Majesty, who thereupon granted them again, to the said Duke -But the said Purchasers, and those claiming under them, still continued in the Possession of the Lands by them Purchased, and peaceably enjoyed the same, until about September, 1693, being near Thirty Years, and during that Time, great Labour and Expence, built, planted and improved the same; and they humbly conceive they ought according to Law, Reason and Justice, still to enjoy the same.
But certain Persons to the Number of about one Hundred, or some other great Number, calling them- selves Proprietors of the said Province of East New Jersey, do pretend that they have a Title to your Petitioners Lands, by several mesne Conveyances, from and under the Lord Berkley, and Sir George Carteret (to whom as they pretend the said Duke conveyed the same by Indentures of Lease and Release, dated on or about the 23d and 24th Days of June, 1664, before his Royal Highness or any other for him had ever been in Possession of the said Lands, or any Part thereof) and that your Petitioners have no right thereto, altho those under whom they claim, Purchased of the Indians Natives by the Licence of the said Col. Nicholls, and for valuable considerations without notice of the said Conveyance to the said Lord Berkley and Sir George Carteret, (if that could be a legal Conveyance, as your Petitioners are advised it could not be of these Lands) and the said pretended Proprietors do now set up this old pretended Title to your Petitioners Lands, after they have enjoyed the same quietly for many Years, in hopes to reap the benefit of your Petitioners said
127
PETITION OF ELIZABETHTOWN PEOPLE.
1696]
Labour, Expence and Improvement, or to force them to pay some large Quit-Rent, or Yearly Payment for the same; and for that Purpose have often urged your Petitioners (who have as aforesaid purchased their Lands, and peaceably enjoyed the same so long) now to take Leases or Grants thereof from the said pre- tended Proprietors under Yearly Rents.
And the more effectually to accomplish their unjust Designs, and gratify their ambitious Inclinations, the said pretended Proprietors have on pretence only of the said Indentures of Lease and Release, and the mesne Conveyances under the same, pretended to have been made to the said Proprietors, presumed to usurp and take upon them to exercise a Dominion and Government over your Petitioners, and their Lands, and to constitute a pretended Governor, a pretended Court of Justice, and contrary to the Laws and Statutes of your Majesty's Realm of England, to appoint Judges who presume without any Commission or Authority derived from your Majesty, to take upon them to try Causes.
And in this pretended Court, and before these pre- tended Judges of their own making, the said pretended Proprietors did in the Year 1693, bring an Action of Trespass and Ejectment against Jeffery Jones, for Part of the said Lands in Elizabeth-Town, and the same came on to be tried, and altho upon a full Evidence, the Jury (who were chosen by the said Proprietors, or their Creatures) were notwithstanding so just as to give a Verdict for the said Jones; yet the said pre- tended Judges being either of the Number of the said Proprietors or by them appointed, were so Partial and Arbitrary, as contrary to Law and Justice, to give a Judgment against the said Jones, and for the said pre tended Proprietors; which unjust Judgment, your Majesty upon Appeal hath in your Princely Justice
128
NEW JERSEY COLONIAL DOCUMENTS.
[1696
been pleased to reverse, altho the said pretended Judges, in hopes to support their said Judgment, did transmit a Writing for a Copy of the Proceedings in the said Cause, which was false, and not according to the Truth of the Proceedings had in the Cause.
That your Petitioners are now destitute of any law- ful civil Government over them, having no legal Court of Justice or Judges, that they any Legal Commis- sions, and the said Usurpers and their pretended Judges being so partial as aforesaid, will by their unjust and arbitrary Proceedings, deprive your Peti- tioners of what they have justly paid for, are legally intitled to, and with great Pains, Hazard and Expence, have planted, and improved and quietly possessed for many Years, unless assisted by your Majesty, and your Petitioners doubt not but to make out the Legality and Justice of their Titles to any impartial Judges, in or near the Country where the Facts are best known, and where the Witnesses are that can prove them.
Your Petitioners groaning under these and other great Oppressions of the said Usurpers, and in the want of a legal and well established Government, are humble Suitors to your Majesty (the fountain of Jus- tice) that your Majesty would be graciously pleased to take them into your Majesty's Royal Protection and to let them enjoy (in this remote Part of the World) the happy influences of your Majesty's just Govern- ment. And for that purpose either to Place them under the Civil Government of your Majesty's Province of New-York, (from the Elizabeth-Town aforesaid, is but about Twenty Miles distant, and great Part of your Petitioners Lands are much nearer) and to grant to the Court of Justice at New-York, a Power to Judge all Causes in the said Province of East New-Jersey, or to appoint indifferent Judges to administer Justice be- tween your Petitioners and the said pretended Pro-
1696]
PETITION OF ELIZABETHTOWN PEOPLE. 129
prietors, and to admonish the said Usurpers that they presume no more to usurpe your Majesty's Royal Authority of constituting Courts of Justice, and com- missionating Judges, and the said pretended Judges no more to presume to Act as a Court of Justice, or otherwise to Order for your poor oppressed Petitioners relief, as to your Majesty in your Princely Wisdom and Goodness shall seem meet.
And your Petitioners as in Duty bound shall ever Pray, &c.
John Lamb, Ebenezer Lyon, John Looker,
John Osborn, Jonathan Ogden, jun.Jeremiah Crane,
Abraham Hill,
Obadiah Sale, Daniel Sayre,
Joseph Hallsy,
John Little,
George Ross, jun.
John Woodroof,
Joseph Woodroof,
Thomas Thompson,
Robert Wooley,
And. Hampton,
Joseph Lyon, William Brown,
Henry Lyon,
Ephram Clarke,
John Meeker,
William Looker,
Joseph Williams,
John Thomson,
Jeremiah Osborne,
William Miller,
Daniel Price,
Cornelius Hatfield, Henry Norris,
Roger Lambert,
John Ross,
John Cory.
Benjamin Lyon,
Abraham Hatfield,
John Megie,
Joseph Meeker,
Isaac Whitehead,
Daniel Dehart,
Ephraim Price,
John Earsken,
Robert Marsh,
Samael Carter.
Thomas Prite,
William Straybearn, Jonathan Ogden,
Benjamin Hatter,
Nathaniel Boinel, Isaac Boinell,
John Clarke,
Samuel Clark,
Benjamin Ogden, John Miles,
John Willis,
Benjamin Wade, sen.Jacob Mitchell,
Daniel Crane,
Benjamin Prit,jun. Samuel Williams,
David Woodruff,
Benjamin Meeker,
Joshuah Clarke,
John Thomas,
Samuel Whitehead, John Harriman, jun.
Ca 1616
10
130
NEW JERSEY COLONIAL DOCUMENTS.
[1696
Commission of Thomas Coker, to be Collector of the Customs at Perth Amboy.
[From P. R. O. B. T., of New York, Vol. 4, D. 33-4.] Copy of Coker's Commission for Collector of Perth Amboy.1
TO ALL PEOPLE to whom these Prsents shall come; Wee the Comissioners for Managing and Causing to be levyed and Collected his Maj'ties Customs, subsi- dies and other Duties in this his Kingdom of England send Greeting. Know yee that wee the said Com- missioners, have by virtue of an Act of Parliament made in the five and Twentieth yeare of the Reigne of King Charles the Second, Intiluted, An Act for In- couraging of the East land, and Greenland Trades; and for better securing the plantation trade, and in pursuance of the Authority and Direction to us given, by the Right Honble the Lords Comissioners of his Maj'ties Treasury Deputed and Impowered, and Doe hereby Depute and Impower, Thomas Coker Esq! to be Collector of all the Rates, Duties, and Impositions, Arising and Growing Due unto his Maj'tie at Perth Amboy in East Jersey; by virtue of the said Act; whereby he hath power to enter into any ship, Bottom, Boats, or other place whatsoever into any Shop, house, Warehouse, Hostry, or other Vessell, as alsoe into any Shop house Warehouse Hostry, or other place whatsoever, to make Diligent search into, any Trunk, Chest, Pack, Cape, Trusse or any other parcell or package whatsoever for any Goods, Wares or Mer- chandizes prohibited to be Imported or Exported, and whereof the Custom or other Duties have not been Duely paid, and the same to seize to his maj'ties use, and alsoe putt in Execution all other the Lawfull powers
1Produced by Mr. Bass, Gov'r of the Jersys to ye Councill of New York the 23th July, 1698 in defence of a Port at Perth Amboy. Referred to in ye Earl of Bellomonts L're of ye 21th, Sept, 1698.
131
1
1696]
EDWARD RANDOLPH TO LORDS OF TRADE.
and Authorities, for the Better managing or Collecting the said Duties, in all things proceeding as the Law Directs, hereby praying and Requireing all and every his Maj'ties Officers and Ministers and all other whom it may Concern to be Aiding and Assisting to him in all things as Becometh GIVEN under our hands and Seales at the Custome house London this 21? day of November In the Eighth yeare of the Reigne of our Soveraign Lord King William the Third-Anno Dei 1696.
ROB? CLAYON, SAM: CLARKE, ROB? SOUTHALL, WALTER YOUNG, JA: CHADWICK.
Memorial of Edward Randolph to the Lords of Trade, desiring leave to prove the allegations in his former memorial.
[From P. R. O. B. T. Proprieties, Vol. 1, A 8.]
To the Right Honble the Lords Comm's for Trade. May it please yr LordsPps.
Understanding from my M'! [ ?] the Comm's of the Cus- toms That my Memoriall concerning the Gou's of the Proprietyes is referred to y' LordsP! and in regard his Maties affairs relating to Trade do greately suffer in the plantations, thro' my absence, where my services is absolutely necessary to see the Acts of Trade and Navigation, especially relating to the Scotch Act duely executed. I am humbly attending yr LordsP!s with my proofes to make out the particulars in my memo- riall in order to have my dispatches compleated So that I may be in a readines (with the New Officers of the Customs) to take my passage upon the Shipps shortly bound to the plantations on the Continent of America:
All which is humbly submitted by
[Dec. 9, 1696.]
ED RANDOLPH:
132
NEW JERSEY COLONIAL DOCUMENTS.
[1696
William Penn's Observations on the Proceedings of Governor Fletcher.
From N. Y. Col. Doc'ts., Vol. IV., p 247.]
WHITEHALL, December the 11th 1696
At a Meeting of His Majesty's Commissioners for Trade and Plantations.
Present-EARL OF BRIDGEWATER MR BLATHWAYT. S' PHILIP MEADOWS, MR POLLEXFEN.
[Extract.]
As a Proprietor of East New Jersey, Mr. Penn com- plained also that the Governour of New Yorke obliged the ships that came thither with goods from England to pay New York Customs. To which he was answered that Colonel Fletcher was ordered by his in- structions to do so: And the necessity of that practice was shown, by the neighbourhood of that Propriety to the King's Province of New York, which is such that if goods were received there custom free, they may be clandestinely transported into New Yorke to the defrauding of His Majesty's customs there.
He spoke also of the Quota required from the neigh- boring Colonies for the defence of New York And said that he conceived the best way of regulating it would be, by stated Deputies from each Province, to meet in one common Assembly: The effecting of which was observed to require one Captain General or Vice Roy to preside But upon these heads he was desired, and he promised to draw up a scheme more fully in writing.
*
133
MEMORIAL ON COURTS OF ADMIRALTY.
1696]
Memorial of the Proprietors of Several Provinces in America relating to Courts of Admiralty there.
[From P. R. O. B. T. Proprietors, Vol. 1. A 11.]
To The R: Honble the Lords Commiss's of Trade . and Plantac'ons.
The Lords Proprietors Agents and others of the Provinces of Carolina Bohama Islands Pensilvania East and West Jersey and Conecticott in America.
Protesting their Loyalty and duty to His Majty and reserving the benefitt of being heard by themselves in Councill to their Right and Power of Erecting Courts of admiralty in the said Provinces do offer
That there are Severall Clauses in their Respective Grants and Charters which (as they are advised) Im- port and Imply a Grant of ye admirall Jurisdiction and power of Erecting the said Courts and Constituting Judges and Officers thereof in the said Provinces
That the reason why they have not hitherto Erected Such Courts or Constituted Such Officers is that all Suits or Informac'ons upon and for the breach of the acts of navigac'on may as appears by the sd acts and particulerly by the 15th of K& Charls ye 2 ª be brought and prosecuted in the Com'on Law Courts and yt the Erecting Courts of admiralty would have occasioned Sallaryes and other great and Expensive Charges
That they apprehended there was no necessity of Such Courts unless for the Condemnac'on of prises, few or none of which have bin brought into the said Provinces during this Warr in ordr to be there tried and Condemned.
That the sd Propriet"s are nevertheless willing and ready to Erect Such Courts and constitute such able
134
NEW JERSEY COLONIAL DOCUMENTS. [1696
Officers as shall be well affected to His Majes Govern- ment, carefull of his intrest use their uttmost En- deavours to Enforce an Observance of the sd acts of navigac'on and zealously prosecute such Vessels & persons as shall be Guilty of the breach of them
All which is Humbly offer'd & Submitted.
[Dec. 16, 1696.]
From the Lords of Trade to the Proprietors of East and West Jersey.
[From P. R. O. B. T., Proprieties, Vol. 25, p. 45.]
To The Proprietors of his Majesty's Colony of East New Jersey in America.1
GENTLEMEN
His Majesty having been frequently informed of the little regard which severall of the Colonies concerned have had to the Quota appointed by her late Majesty of Blessed Memory in the year 1694 to be observed during this War for the defence of the Frontiers of the Province of New York in the following propor- tions Viz. :
MEN
Connecticut
120
Rhode Island & Providence
48
Massachusets 350
Maryland 160
Virginia
240
New York
200
Pensilvania
80
And any part of the Militia of East &
700
and West New Jersey not exceeding
1 The Councill's Letter to West New Jersey was the same only changing the names. These L'res were sent to Mr. Basse.
135
LORDS OF TRADE TO THE PROPRIETORS.
1697
And his Majesty being at the same time sensible of the necessity of that contribution either in Men or money for the general Security of his Colonies on the continent of America; has commanded us to Signifie unto all those above named, that it is his pleasure they should each of them contribute and pay their respec- tive proportions to the government of New York according to her late Majesty's foresaid Regulation; We therefore particularly recommend it to your care that in relation to the Colony of East New Jersey his Majesties pleasure herein be for the future punctually observed and executed
His Majesty having also been informed by com- plaints from severall hands of the undue methods practised in some of his Colonies for seduceing the Inhabitants from others, And being sensible how much that practice is contrary to the common Interest of the whole has commanded us to write unto the sev- eral Governors or Governments of each Colony, that they take care that Effectual Laws be made in each of their respective Governments against the receiving and harbouring not only of Deserters, but also of such Fugitives as leave any of his Plantations contrary to the Laws provided for that purpose in each plantation respectively. Which therefore We also now accord- ingly recommend to Your Observation.
And whereas his Majesty has also received com- plaints that the Entertainment given to Pyrats in some of his Colonies, and more particularly in those under distinct properties had occasioned many ill minded persons, Seamen, and others to desert their habitations, and apply themselves to such wicked and destructive courses to the great weakening and dis- peopling of the Colonies so abandoned by them, and to the great dishonour of the English Nation; Where- upon he has also required us to write to the Severall Proprietors and Governours of all his Plantations that
.
136
NEW JERSEY COLONIAL DOCUMENTS. [1697
due care be taken for the future that no Pyrats or Sea Robbers be anywhere shelter'd or entertained under the severest penalties ; We are obliged thereupon to require your strictest care, as We doe of others that all manner of discouragement be given in that Province of East New Jersey both to the Rise and progresse of such undertakings, And that upon the discovery thereof the Offenders be punished according to the utmost severity of the Law-We are
Your very Affectionate friends
J. BRIDGEWATER PH: MEADOWS WM BLATHWAYT JN° POLLEXFEN ABR HILL
WHITEHALL, February 9th 1699
Opinion of Sir Cresswell Lewinz, on the liability of East Jersey to New York for Customs.
[From P. R. O. B. T., Vol. I., A 58, No. 2."
KING CHARLES the 2ª by Letters Patent Grants to the Duke of York his Heires & assignes all that Tract of Land in America now Called by the severall Names of New York East Jersey & West Jersey wth all waters Rivers & harbours to the premises belonging And the Goverment thereof according to the Lawes of England And power to admitt p'sons to tread & Traffique unto & wth in ye Same.
The Duke of York Grants those parts Called East Jersey & West Jersey wth ye Rivers Harbours & other Royalties thereunto belonging, and the Goverm' of those places and all Other privileges Granted by him to the King A: B: C: D: & their heires & assignes.
1697] SIR CRESSWELL LEWINZ ON NEW JERSEY DUTIES. 137
These places have Ever Since been Under the Gover- ment of the Respective Pp'rs. the Dukes Grantees thereof, & have held Gen"! Assemblyes wch are in the Nature of parliaments within themselves & have made use of there Own portes & harbours for Lading & un- lading the merchandizes Imported into & Exported from thence.
After the Grant of these places made by the Duke of York the General Assembly of New York have Im- posed Seaverall Customs Upon Merchandizes Imported & Exported there, in wch Generall Assemblyes the Prvinces of East Jersey & West Jersey had the [? no] representatives being esteemed Distinkt Goverments & Independent of New York.
The Collectors and Officers of the Customes of New York Under p'tence or color of an order from the Commissioners of the Customes in England Deney the Inhabitants of East & West Jersey the Use of there Own portes & harbours and fforce em up to New York Unless they will pay the Same Customs in their own portes which are payed at New York.
Qu: whether Customes upon merchandises Imported into & Exported from East & West Jersey can be im- posed Otherwayes than by Act of Parliament Or the Gen! Assemblyes of those Collonys.
Answer. These Customes cannot be imposed but by Act of Parliament Or Some Assembly that Actes as a parliament according to the Rules and Goverment of the place.
Qu: whither the Com'issioners of ye Customes in England Can Compell the Inhabitants of East & West Jersey to Enter their shipes and unlade their goods at New York or restraine them from Using their own harb's Unless they will pay the Dutys Imposed by the Assembly of New York where the Inhabitants of East & West Jersey had no representatives nor were Under their Jurisdiction.
138
NEW JERSEY COLONIAL DOCUMENTS. [1697
Answer. East and West Jersey haveing been devided from New York by the Duke of York Grant also from the Goverment and Ever Sence by Allow- ances from ye Crown Used & Enjoyed a Goverment of there own distinct from ye Goverment of the p'vince of New Yorke but had Assemblyes of their own wherein the Make Rules & Orders for themselves as a Distinck p'vince as New York Do for themselves. I Do not See how they can be bound by the Rules of New York or be Obliged by them or the Comissioners of the Customes here to Lade or Unlade theire Goods at New York. CRESWELL LEWINZ.
Vera copia-W". DOCKWRA,
Secr: & Reg! East Jersey.
2: Apr: 97.
A similar decision, differing but little in language, was given by Sir John Hawles under date of June 4th, 1697 .- ED
From Attorney General Trevor to Secretary Popple, enclosing form of Bond to secure the perform- ance of their Duties by Deputy Governors in the Provinces.
[From P. R. O. B. T., Prop., Vol 1, A 38.]
L're from ye Attny Gen! with a Draught of a Bond to be enter'd into by ye Proprs of Several Plantns in America.
SR
According to their Lords'ps I have sent you inclosed a Draught of a bond to be entred into by the Pro- priet's of the several Plantac'ons in America for oblig-
139
1697] ATTORNEY GENERAL ON PROPRIETORS' BONDS.
ing them to cause their Deputy Governo's to obey such Directions as shall be sent to them by his Matie or other p'son acting by his authority pursuant to the Acts of Trade relating to the Plantac'ons.
Your most humble
Serv!
9º Ap11 1697. THO: TREVOR:
[Addressed] For William Popple Esq. These
[Form of bond enclosed. ]
NOVERINT universi p' p'sentes me
teneri et firmit' Obligari Serenissimo Principi et Dn'o nr'o Gulielmo tertio Dei gracia Angl' Scotie ffrancie et Hibernie Regi fidei Defensor in libris bone et legalis monetiAngl' Solvend: eid'm Dn'o Regi here d': vel Successorib's Suis ad quam quid'm Soluc'onem bene et fidelit' faciend' Oblige me Heredes Executores et Administratores meos firmit prprentes Sigillo meo Sigillat'
Dat'-die- -Anno Regni dicti Dn'i n'ri Guli- elmi tertij Regis nono &c Annoq' Dm' 1697.
THE CONDICON of this obligac'on is such that if the above Bounden Proprietor of in shall
cause his respective Deputy Governor of afore- said for the time being, from time to time and at all times to observe p'form and obey all such Directions and instrucc'ons as shall at any time be sent to such Governor from the King's most Excellent Matie or from any p'son or p'sons now acting or that hereafter shall act by his maties Authority, pursuant to, or for the better putting in Execuc'on, the several Acts of Trade relating to the Plantac'ons (viz!) An Act made in the Twelfth year of the Reign of the late King Charles the Second Entituted an Act for the Increasing of Shipping and Navigac'on An Act made in the fifteenth year of his said late Mtie Entituled an Act for the In- couragemt of Trade. An Act made in the two and
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