USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 25
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The Depositions Taken this 12th Day of September 1700 before me THEOPHILUS PEARSON
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The Deposition of John Gordner aged forty nyne years or thereabout saith, Vpon the Twelfth Day of September 1700 he being at the house of M. Theophilus Pearson, there came up unto his doore a greate com- pany of men a horse back with clubs in their hands & did demand of him where these pittiful Rasskells were that had putt the man in prisson, Sam !! Whitehead by Name & Sam !! Carter seeming to be the chief speakers, demanded where was Curtis & Sandford These Raskells that had Taken upon them a vserpt Authority but they would make them deliver him out & they believed that M'. Pearson was one of them, & they did demand him to deliver the prissoner or they would force him, & further they would know by what power they putt the man in prisson, M" Pearson tould them it was by a Lawful power that the man was put in prisson & it should be by a due Course of Law that he should come out. M. Pearson Tould them that if Two sufficient men of their Company would be bound for his appearance he might come out, They Tould him they would not, but they would take him by force & M! Pearson Required them in the Kings Name to let him alone & they said they would not, M. Pearson de- manded by what power they would take him out, & Sam !! Whitehead held up a Club that he had in his hands & said by this power, and soe you say all Gen- tlemen, with that they held up their Clubs & said yes, one & all, They demanded where the Sheriffe was Mr Pearson toulde them he knew not They Replyed they would have him if he was above ground and so they went Towards the prisson and further he saith not
This Deposition Taken this 12th Day of Sept 1700 before me THEOPHILUS PEARSON
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ESSEX COUNTY COURT.
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JURORS for our soveraigne Lord the King upon oath present many of the Inhabitants of Elizabeth Towne on the 12th Day of September 1700 came up to Newark & Riottiously assaulted the Sheriffe of ye County and forceably took away the Keyes of the prisson, and took away a prissoner out of the prison Namely one Joseph Parmator Then in cusstody. The persons that are presented are these after named
Impr
Jos: HARRISON foreman
Sam'll. Whitehead Seinr Abra : Hettfield Jos. Lyon John Meaker
Benj. Wade Junr. Wm. Whithead
Richard Clarke
Sam'll. Miller
Wm. Meaker
Ephram Clarke Jeremiah Craine
. Samll. Little
Sam'll. Carter Daniel Craine
Jonat Ogden Junr. Isaac Bunell
Rob: Little Daniel Seeres John Luker
John Clerke
Rade Winans
Isaac Hettfield
Sam'll. Clarke
Tho: Johnson
Jeremiah Jesop
Aurther Loper
Benj. Lyon
Benj. Ogden Junr.
Simon Nightingall
John Tomson
John Allen &
James Whitehead
Tho: Tomson
Jonat Ogden Seinr.
GRAND JURY MEN Names at a Court of Ses- sions held at Newarke on Tuesday ye 30th day of September 1700
Thomas Hayes Foreman Benj. Balldwin Jos. Breum
Sam'll. Harrisson Jabes Rogers Anthony Ollive
John Cooper Daniel Browne Edw'd. Ball
Sam'll Allen Nathaniel Ward John Duglass
Jos. Johnson Caleb Ball David Ogden &
John Allen John Clarke of Newarke Eley Lamson
Jurrors ffor our soveraign Lord the King present upon oath many of the Inhabitants of Elizab:h Towne as is inmitted by the Court, Riottusly Dissturbing the sd Court of Sessions sitting in their sessions in the pub- lick meeting house in Newarke on ye 10th of September 1700
THO: HAYES foreman
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John Myles
Cha: Tucker Junr
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Letter from Jeremiah Basse to the Lords of Trade. .
[From P. R. O. B. T. Proprieties, Vol. 5, F 43.]
FOR THE RIGHT HONORABLE THE LORDS COMMISSES OF TRADE &.c May it please your Lordships.
His Majesty in Council haveing been pleased to Refer to your Lordships consideration the PETITION from ye Inhabitants of the province of East Jersie &c
I have made bold in order to your Lordships under- standing more peticulerly the preasant state & condi tion of the said province to lay before Your Lordships the following transcripts or of either Letters or Ab stracts lately Received ' from some of ye prinsipall In- habitants. & withall to tender to your Lordships my servis If in anything it may conduce to the settlement of yt onhappy people or promoteing his Majestys inter- est thear, which now in this state of Anarchy suffers as I am credibly informed not a little by the non Ob- servance of the Laws that Relate to the plantation trade-I am
Your Lordships most humble Servtt
Received 15th Nov 1700]
J. BASSE
Letter From Secretary Popple to Wm Dockwra [From P. R. O. B. T., Proprieties, Vol. 26, p. 348.] To William Dockwra Esq?
I send you inclosed by Ord' of the Lords Commis- sioners for Trade and Plantations, the Copy of a Re-
1 Among them was the letter from Andrew Bowne and Richard Hartshorne dated July 23d, 1700, printed on pages 327-9 .- ED.
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EARL OF BELLOMONT ABOUT SHIP HESTER.
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monstrance; that has been presented to his Majesty, in the name of the Inhabitants of the province of East New Jersey, which his Majesty having by Orders in Councill of the 5th Instant, referrd unto their consider- ation; Their Lordships desire you to communicate the same, to the Proprietors of the said Province for their Answer there unto, in writing, to be laid before their Lordships without delay. I am &c
Whitehall Nov! 16th 1700
W. P.
[No answer being received, Mr. Popple, on the 3d December, renews the application, stating that, if an answer is not received, an ex parte report would have to be made to the King.]
Earl of Bellomont to the Lords of the Treasury. [From New York Col. Docts., Vol. IV, p. 777.]
To the Right Honorable the Lords Commis- sioners of the Treasury. [Extract. ]
My Lords
* * Mr. Bass has had great good fortune in his tryal, upon the account of my seizing the ship Hes- ter at Perth-Amboy in East Jersey, to have recovered such great damages of the King. The ship was sold by inch of Candle and there was no sort of partiality shewed by me in that matter as Bass has most falsely told the world, in a printed paper he dispersed last Session of Parliament, among the members of the House of Commons, neither did I get a shilling directly or indirectly by the sale of that ship after condemna- tion; but all the mony she sold for was applied to the payment of the Masters and saylers wages. That ship at the time of her seizure was much out of repair, and had no sort of merchandize on board her but 28,000 pipe staves, which were all sold by one Wooley, who
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was Basses Agent, to Collonel de Peyster. Bass was reckoned to be happy in my seizing that ship, by all people here that knew his circumstances. The dis. course was among the merchants here that he had im- bezzled his brother in law, Mr. John Loftnings cargo, which that ship brought from England, valued at £800, and by that means Mr Lofting became bankrupt. The ship lay at Amboy near a year before Bass could freight her, and then neither was he able to freight her otherwise than with a paultry loading of pipe staves, which at £3.00 per 1,000, which is the common price, New York mony too, is but £98 this mony, and not much more than £70 sterling. So that with what conscience such extravagant damages were awarded for that ship and her loading of pipe staves, is more proper for your Lordships inquiry than mine.
A most violent storm that happen'd here the 29th [?] of Nov' at night drove all the vessels in this harbor from their Anchors and damnified most of them, and this ship among others which carries my packets, and de- layed here a week longer from sailing; which gives me the opportunity of sending your Lordships Collonel de Peysters affidavit, sworn before the Mayor of this City with the seal of the City affixed to it; which will satisfy your Lordships of the many falsities alledg'd (and for ought I know sworn) about the value of the ship Hester and of her pretended Cargo. Collonel D'Peyster is a very honest upright man, and Bass on whose credit that tryal about the Ship was chiefly engaged into by the Proprietors of the Jerseys, is a known profligate fellow and remarkable for lying.
I am with respect My Lords Your Lordships most humble and obedient servant BELLOMONT
New Yorke Nov 23ª 1700
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WM. DOCKWRA ABOUT THE E. J. REMONSTRANCE.
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Memorial from Jeremiah Basse to the Lords of Trade. [From P. R. O. B. T. Proprieties, Vol. 5, F 48.]
Mem! from Mr Bass relating to ye present State of ye Jerseys.
TO THE HONORABLE THE LORDS COM'S OF THE COUN- CILL OF TRADE &
May it please your Lordships.
The continued advises that by every Ship is sent home of the distructions and Anarchy of the Jersies Ocations me in all humility to Request Your Lordships Speady care of them his Majesty hath been graciously pleased to refer their case to Your Lordships Consider- ation & I hope Your Lordships will pardon me if on their behalf I intreat you to be speady in the takeing such measurs as to your Wisdoms shall seeme most proper for their Reliefe and Setlement. & in order theareunto that the proprietors be Commanded to bring in a Speady Answer to the Petition Refered to Your Lordships Consideration.
Your Lordships most humble Sertt
[December 3ª 1700]
J BASS
From William Dockwra to Secretary Popple.
Lre from Mr Dockwra promising an Answer to the Lre lately writ him wth a Remonstrance abt ye state of ye Jerseys.
Worthy Sir
I receiv'd yo" letter yesterday, and have com'unicated it to some of the Proprietors who have desired you will
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please to acquaint the Honble Boord, that theire Answer to ye Remonstrance & Peticon (of those Seditious com- plainants from E. Jersey) has been ready these 6 or 7 dayes; but there being Another paper to be also laid be- fore theire Lopps w-ch is to be signed by certain Members of the Province of West Jersey as well as East Jersey, the difficulty of getting y" together is such, as takes upp so much time (severall of them living in the Country) that I could not have y" closed fitt for de- livery, till another meeting wch was appointed (before I had the favour of yo's) to be tomorrow evening, and I hope on Monday we shall bee able to dispatch them to attend their Lops there haveing been no delay in any thing relating thereto, wth in the power of Sir, Yo". most humble Servt WM DOCKWRA
5º. xbW 700
Answer of the Proprietors of East Jersey, to the Re- monstrance of the Inhabitants referred to them.
TO THE RIGHT HONBLE THE LORDS COMMISS" FOR * TRADE & PLANTATIONS. The Answer of the Propriet's of East New Jersey in America to the Remonstrance and Petition lately prsented to his Majty in the name of the Inhabitants of that Province.1
The Propriet"s humbly acknowledgeing yor Lord- ships fav! and Justice, in allowing them a Copy of yt Accusation against them, and time for makeing their
1 See Page 322 .- ED.
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defence to it, and reserving to themselves the benefit of a further defence after they shall have transmitted this Remonstrance to, and received an Answer from the Govern' of that Province; for present Answer to the same, in Obedience to your Lordships Com'ands, they say, and humbly hope to satisfye Yor Lordships, that this Complaint is not sent from the whole body, or any Considerable Number of ye Inhabitants there, but from a few factions and Mutinous people, im- patient of any Government; and doth not proceed from any just cause administred by the Propriet's or their Govern's or Agents, but from a designe of these men to deprive the Proprietors of their Right to the Soyle and Quit-Rents of the Province derived to them by Grants from the Kings of England, and purchased by them with great sumes of money; and to strip his Majty of his Regall Right to that and other Plantations and to render them independent of the Crowne.
In order to justify which Assertion, ye Propriet's crave leave to premise to yo! Lordships, that by the Law of Nations Kings and Princes have a Right to all Savage Country's either Conquered or discovered by their Subjects, and to dispose of them at their pleasure.
In pursuance of which Right the American Coun- try's (whereof East New Jersey is part) being first dis- covered by the English in the Raign of King Henry 7th and afterwards more fully in the Raigne of Queen Elizabeth, have ever since, by Vertue of Letters Patents from that Queen, and the Succeeding Kings of Eng- land, been granted to Planters under small Quit Rents payable to the Crowne, or Its Grantees, And though the Kings of England and their Grantees have per- mitted, and sometime Encouraged the Planters to purchase the Soyle from the Indians, (which they doe for trifles) yet that method was not used of necessity, or for defect of sufficient title in the Crown, or Its' Grantees; but merely to avoid wars with the Savage
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Natives, who were formerly more Numerous there than the English, and with a prospect to bring them over by such Gentle Usage to the Christian ffaith. neither is this method of purchasing from the Indians Universally practised in all his Majestys Plantations, and not at all in those of Virginia and Maryland, the Planters there sitting downe by Vertue of the Govern". Warrant only, without the Leave, or Consent of the Natives.
The Proprietors acknowledge that the late King James who when Duke of York, was the first Grantee of this Province from King Charles the Second, and the Lord Berkley S' George Carteret and the present Proprietors Claiming under him, have for the reasons above mentioned generally, by themselves, or by Licen- sing ye Planters to doe soe, purchase the Soyle from the Indians, and afterward confirmed the same Lands to the Planters by Patents or Grants from the Pro- priet's under small Quit Rents. This was the method of granting Lands within this province from the first planting It, and the Grantees usually paid their Rents till some of the Planters broached and advanced an Opinion, that the Kings Right to the American Coun- trys discover'd by English Subjects was only Notionall and Arbitrary, and, that the Indian Natives are the Absolute Independent Owners and have the sole dis- posall of them, In Consequence of which Opinion some of the Petrs who after their Purchase from the Indians took Patents of the same Lands from the Proprietors for the time being, now refuse to pay their Quit Rents, and others of them who have lately made purchases from the Indians, refuse to take Patents from the Pro- prietors, If this Notion receive Encouragement, and prevail, the proprietors are advised that all pretences of the Crown to, and their Grants of the American Colonys, have been wholly illusory, and Royall ffrauds; and the Pet's may, and in all probability, will, deny
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his Majtys Right to the Government, as well as to the Soyle of those Countrys, & set up a Government of their own, which the Proprietors hope your Lordships will think It worthy yo" consideration to prevent.
These matters of fact being promised, & ready to be proved by them, the proprietors humbly conceive that the severall Articles of the Pet's Complaint are pregnant of such a designe, as will appear by a par- ticular examination of them and Answer to them.
To ye 1st Besides the disingenuity of its being a generall Accusation without descending to particular Instances; the Pet's have stated the Case partially, and conceal'd the principall matters upon which the merit of It de- pends; and therefore the Propriet"s to set it in a true light, humbly acquaint your Lordships, that though Coll Richard Nichols was in One Thousand Six hun- dred Sixty four Govern' of this Province under the then Duke of York, he had no power by his Com'ission to grant Land, and if he had such power was deter- mined above five Months before he made any Grant to the Pet's (which was in December One Thousand Six hundred Sixty four) the Duke of York having in the month of June preceding granted this Province to the Lord Berkley and ST George Carteret, And ye Licenses granted to the Pet's by Coll Nichols then, and by the Propriet's since, were expressly under a Condition to hold the Lands So purchased, of the Propriet's by Patent, and a Certain Rent; and all Claiming under the Licence of Coll Nichols actually took Patents of the same Lands at certain Rents, as by the Records thereof appears, which ye Pet's have artfully forborn to mention, and rely wholly on the Indian title, And though the Proprietors might in strictnesse of Law have avoided the Patents granted by Coll Nichols for his want of sufficient Authority to make such Grants; yet the Proprietors Offer'd to confirm those crazy titles and never molested the Pet's in their possession, till they
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refusing to pay their Quit Rents, the Propriet"s as they were advised was lawfull for them to doe distrain'd upon some of them who had Patents, and brought an Ejectment against one Jones who had noe Patent, nor would take any, and therefore could not be prosecuted in any other manner, in which Action the Jury being all Planters gave a Generall Verdict against the Pro prietors Contrary to ye direction of the Court, and the consent of the Councill on both sides, who had agreed upon a Speciall Verdict.
To ye 2ª This Article being likewise Generall, the proprietors can make no direct Answer to It, but to Obviate any particular Instance that may be hereafter partially represented to yo! Lordships, the Propietors humbly acquaint yo! Lordships, that when the Pro- prietors or their Agents grant a Licence to purchase Lands of the Indians, they usually Oblige the Grantee to purchase a Certaine Tract agreed upon, and to allow the Purchaser a certain Portion of It to his own use, and take the rest of It to the use of the Proprietors: This was done in the case of one John Royce a great Asserter of the Indians sole Right, and a Ringleader of that faction, He had a Lycence from the Govern' to purchase, and by vertue of it did purchase a large Tract of Land from the Indians, containing about Twenty Thousand Acres, and had about Six Thousand Acres of it allowed and granted to him by Patent from the Proprietors at five Pounds Yearly Rent. The Rest of It has since been set out to the use of three of the present Proprietors, and been reputed their particular property for severall Yeares; but now Royse puffed up with ye Notion of the Sole Right of the Indians, and of noe Right in the King, and his Grantees, refuses to pay his Quit-Qent for the Lands patented to him, and Under his Indian title Claimes all the Lands he bought of the Indians though soe great a part of it was brought for the use of the Proprietors.
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To ye 3ª This Article is particular, but notoriously false, for King James haveing some Months before the late happy Revolution, Seiz'd the Government of this and the neighbouring Provinces, and put them all Under the Com'and of S' Edmond Andros, the proprie- tors durst not Exercise any Government over East Jersey, and S' Edmond Andros being upon the first news of the Revolution, imprison'd at Boston, All those American Colonys were in great Confusion for some time, but when the Government of England was setled, and the Proprietors restored to their former Right, the Proprietors first appointed John Tatham Esq', and afterward Coll Dudley' (now Deputy Govern. of the Isle of Wight) to be Govern"s of this province, whom the people Scrupling to Obey, the Proprietors appointed Coll Hamilton to be their Govern"; who was Accepted by them, and Administred the Government both Civill and Military severall years to the Generall satisfaction even of the Pet's themselves, The Proprie- tors insist they ought not to be Answerable for the Vacancy of Government Occasioned by King James his seizure of it, or by the Peoples refusall to Obey M! Tatham and M" Dudley whom the Proprietors had Commissionated, and if this could be imputed to the Proprietors, the Pet's had shown more Duty to the King, and Lesse Malice to the Proprietors, if they had been Earlier in their Complaint, and not have deferred It for Seven Years after the Offence (If It be one) com- mitted. A Militia has been long established in the province, and Mustered and Exercised four times every Year, and by a Standing Law there every In- habitant is Obliged to provide himselfe with a Gun well fixed, sufficient Powder and Bullet, Under the Penalty of a fine whensoever he is found without them They confesse they have not provided Arms or Amu- nition for this Militia, because ye King himselfe doth not provide them for the Militia of England, or of his
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own Colony of New York. As to the latter part of this Article ye Propriet"s declare they have some times caused Lands to be Surveyed before they purchased it of the Indians, which is no damage to the Indians but they never pretended to settle any Lands till after the purchase of It, from the Indians; nor did the Indians of their own accord make any Complaint, but have been influenced to doe soe by the Petition's that they may have a Colour to defraud the Propriet"s of their Quit-Rents, and bring their title from the Crowne into Contempt.
To ye 4th The Propriet's acknowledging that Coll Hamilton a Native of Scotland being Govern" of East New Jersey, when an Act of Parliament in the Seventh & Eigth years of his now Majesty's Raign, intituled, An Act for preventing frauds & Regulateing abuses in the Plantation Trade, was made, they were by some Expressions in that Act, misled into a belief, that a Scotchman was disabled to Execute the Office of Govern' and therefore to avoid Committing any Offence against that Act, did Constitute Jeremiah Basse Govern' of this Province, who being presented to, and as M' Basse informed them, approved of by his Majesty, the Proprietors in confidence thereof, wrote such Account of It to the Inhabitants as is Sug- gested by this Article; But M' Basse haveing noe In- strument in Writing Expressing the Kings Approba- tion, was opposed in his Administration by many of the Inhabitants, and amongst others, by some of the now Pet's and Coll Hamilton came over to England about his own private affairs. After whose Arrivall the Propriet"s having the Opinion of his Majesty's At- torney & Sollicito! Generall of this Kingdome, that Scotch men were Naturall Born Subjects of England and not disabled to Execute the Office of Govern' and receiving an Addresse from great Numbers of the In- habitants representing the Abilitys and Acceptable-
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nesse of Coll Hamilton in that Station, which MI Basse had left, and returned to England, and praying Coll Hamilton might be restored, the Proprietors Con- stituted him Govern" by a new Commission, & en- deavred to Obtaine an Approbation of him by the King, but his Majesty haveing a little before that time, by advice of Your Lordships, directed a Tryall at Law for deciding the Right of Goverment, Your Lordships Scrupled to admitt a positive Approbation of him, be- cause it might seem an Owning of the Proprietors Title then in Question; Yet were pleased to declare, that yo! Lordships did not intend it as an Inhibition to the Proprietors from Exercising ye Government till the Right was determin'd, (being very Sensible that the Country could not Subsist in peace without It) and that Coll Hamilton governing according to the Laws of England, the Proprietors would be safe in Com'is- sionating him, and he in acting under their Com'ission. This was Communicated by Coll Hamilton at his Ar- riuall there, to the Inhabitants, who were generally inclin'd to Obey him, but the Petit's entertaining a be- lief that if the Government be Evicted or taken from the Proprietors, their Interest in the Soyle and Quit- Rents, which are their Civill and personall Rights, must fall with It, laid hold of this want of the Kings Actuall Approbation of Coll Hamilton, Opposed him with Armes, and now Arraign the Proprietors of ne- glecting to provide for the Government, which them- selves have rejected.
The Proprietors conceive the latter part of this Article deserves no particular Answer, being fully cleared by the Opinions of the Attorney and Sollicitor Generall; and therefore only offer to your Lordships Consideration, that the Secretary and Attorney Gen- erall of this Province, and the Clerk of the Supream Court mentioned by the Petition's have been many yeares, Inhabitants there, and though they are Scotch-
$
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men by Nation, are Englishmen by their Interest, having embarked their whole Estates in the Prosperity of this Colony.
The Proprietors hopeing they have fully answered the Petition's Remonstrance, wherein they humbly Submitt to Yo! Lordships Judgment, now crave leave to Acquaint your Lordships, that they and ye Propriet™s of West New Jersey had before this Complaint arrived Unanimously agreed to Surrender the Government of both Provinces to his Majty, Under such termes, and Conditions as they are advised are proper, and this Remonstrance now makes necessary, for preservation of their Civil Rights, which proposalls they are ready to deliver to yo" Lordships, and doubt not yo' Lord'pps Approbation of them.
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