USA > New Jersey > Historical collections of the state of New Jersey : containing a general collection of the most interesting facts, traditions, biographical sketches, anecdotes, etc. relating to its history and antiquities, with geographical desciptions of every township in the state. > Part 3
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The constitution granted by Berkeley and Carteret was the first constitution of New Jersey, and it continued entire till the province became divided, in 1676. This instrument was entitled " The con- cessions and agreement of the Lords Proprietors of the province of New Cesarea or New Jersey, to and with all and every of the new adventurers, and all such as shall settle or plant there." The fol- lowing items, &c., are extracts :
" 9. Item. That the inhabitants being freemen, or chief agents to others of the prov- ince 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) scaled and signed, make choice of twelve deputies or representatives, from amongst themselves ; who being chosen, are to join with the said governor and council, for the making of such laws, or-
* It is said the name was given in compliment to Carteret, who had defended the izland of Jersey against the Long Parliament, in the civil wars.
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dinances 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 distinctions are made, that then the inhabitants or freeholders of the several respective parishes, tribes, divisions and distinctions 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 freeholders for each respective division, tribe or parish, to be the deputies or representatives of the same : Which body of representatives, or the major part of them, shall, with the governor and council aforesaid, be the general assembly of the said province; the governor or his dep- uty being present, unless they shall wilfully refuse ; in which case they may appoint themselves a president during the absence of the governor, or the deputy-governor. 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 a 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 constitutions as shall be neces- sary 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 con- science above mentioned ; 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 being confirmed by us, they shall be in continual force, till expired by their own limita- tion, 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 be- longing to each court, with their respective salaries, fees, and perquisites, their appella- tions and dignities, with the penalties that shall be due to them, for the breach of their several and respective duties and trusts.
Fourthly. By act as aforesaid, to lay equal taxes and assessments equally to raise moneys or goods upon all lands, (except such as belong to us the lords proprietors before settling,) or persons within the several precincts, hundreds, parishes, manors, or whatso- ever 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 public charge of the said government, and for the mutual safety, defence, and security of the said prov- ince."
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" 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 Casaria, or New Jersey, or shall transport themselves or servants be- fore the first day of January, which shall be in the year of our Lord 1665, these follow- ing proportions, 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 appoints for the settle- ment of a plantation,) there armed with a good musket, bore twelve bullets to the pound, with ten pounds of powder and twenty pounds of bullets, with bandaliers and niatches convenient, and with six months' provision ; for his own person arriving there, one lun- dred and fifty acres of land, English measure ; and for every able man-servant, that he shall carry with him, armed and provided as aforesaid, and arriving 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 able man-servant he or she shall send armed and provided as aforesaid, and arriving there, the like quantity 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 every 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 armed and provided as aforesaid, and arriving within the time aforesaid, the like quantity of one
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hundred and twenty acres of land ; and for every weaker servant or slave, male or fe- male, 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 freeman 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, ninety 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 aforesaid, 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."
A few years after Gov. Carteret began his administration, the colony began to be disturbed by domestic disputes. Some of the inhabitants, having purchased their lands of the Indians before the conveyance from the Duke of York, refused to pay rent to the pro- prietors. This, with other causes of dissatisfaction, produced, in 1672, an insurrection among the people. The governor, Philip Carteret, was obliged to leave the province, and seek redress in England ; his officers were imprisoned, and their estates confiscated. The people now prevailed on James Carteret, a weak and dissolute natural son of the governor, to assume the government.
In 1673, war having taken place with Holland, a small squadron was sent over by the Dutch, which arrived at Staten Island July 30th. Gov. Lovelace being absent from New York, Capt. Man- ning, who had charge of the town, rejected the aid of the English inhabitants, who offered to defend the place, sent a messenger to the enemy, and struck his flag before their vessels appeared in sight. As the fleet advanced, Manning forbade a gun to be fired, under pain of death ; and surrendered the place unconditionally to the invaders. He was afterward tried by a court-martial, and plead- ed guilty to all the charges preferred. His sentence was as extra- ordinary as his conduct : it was that, " though he deserved death, yet, because he had, since the surrender, been in England, and seen the king and the duke, it was adjudged that his sword should be broke over his head, in public, before the city-hall ; and himself rendered incapable of wearing a sword, and of serving his majesty for the future, in any public trust in the government."
The Dutch dominion, so suddenly restored, existed but a short period, as, by a treaty of peace the following spring, New Nether- lands, (the territory of New York and New Jersey,) so called by the Dutch, was again surrendered to the English. Some doubts having arisen as to the validity of the Duke of York's title, on ac- count of the Dutch conquest, he deemed it prudent to procure a new patent, including the same territory as the former. In 1674, Maj. Edmund Andross, so well known by his tyrannical usurpa- tions, came over as governor (under the Duke of York) of the province of New York. Andross also claimed jurisdiction over the Jerseys, insisting that the conquest by the Dutch divested the pro- prietors of all their rights.
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In the commencement of 1675, Philip Carteret returned to New Jersey, and resumed the government of the settlements in the east- ern part of the province. The inhabitants having suffered some- what by the Dutch conquest, and the arbitrary rule of Andross, readily received him; "and as he postponed the payment of their quit-rents to a future day, and published a new set of 'concessions' by Sir George Carteret, a peaceable subordination was once more established in the colony. These new 'concessions,' however, re- stricted the broad grant of political freedom originally framed."
Much uneasiness, however, still continued, for several years, on account of the efforts of Andross to enforce the duke's unjust pre- tensions. Gov. Carteret, in hope of obtaining for his people the advantages of commerce, attempted to establish a direct trade be- tween New England and New Jersey. This was opposed by An- dross, as being injurious to New York. He confiscated the vessels engaged in such trade, and went so far as to dispatch a force to Elizabethtown to arrest Gov. Carteret, and convey him prisoner to New York.
Lord Berkeley, having become dissatisfied with the pecuniary prospects in his adventure in colonization, offered his share of the province of New Jersey for sale. His right or interest was pur- chased by John Fenwick and Edward' Byllinge, members of the Society of Friends. The conveyance to these individuals was exe cuted to the former, in trust for the latter, for the sum of one thou sand pounds. The tract thus purchased was afterward known as West New Jersey. In 1675, Fenwick set sail to visit the new pur- chase, in a ship called the Griffith. " Arriving after a good pas- sage, 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, afterward married his daughters. The other passengers were Edward Champness, Ed- ward 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."
Byllinge, it appears, was the principal proprietor, as, after the purchase of West Jersey, an award was made, by which it was determined that the whole should be cast into one hundred parts, ten of which should be conveyed to Fenwick, and the remaining ninety parts should belong to Byllinge. Not long after the de- parture of Fenwick for America, Byllinge, in consequence of losses in trade, was brought into difficulty, and rendered unable to pursue his plans. His property was intrusted to William Penn, Gawen Lawrie, and Nicholas Lucas, (all Friends, or Quakers,) to be used for the benefit of his creditors. "These trustees, under the pres- sure of circumstances, sold a considerable number of shares of the
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andivided moiety to different purchasers, who thereby became pro- prietaries, in common with them. These proprietors agreed upon a form of government, comprising many of the provisions of the instrument formed by Berkeley and Carteret, together with others originating with themselves. The constitution or form of govern- ment thus made was entitled, " The concessions and agreements of the proprietors, freeholders, and inhabitants of the province of West New Jersey, in America." The following is an extract from this instrument, (chap. 3 :)
" That hereafter, upon the further settlement of the said province, the proprietors, frecholders, and inhabitants, resident upon the said province, shall and may, at or upon the five-and-twentieth day of the month called March, which shall be in the year, ac- cording to the English account, one thousand six hundred and eighty ; and so thence- forward, upon the five-and-twentieth day of March yearly, by the ninth hour in the morning of the said day, assemble themselves together, in some public place to be or- dered and appointed 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 themselves, ten honest and able men, fit for government, to officiate and exe- cute the place of commissioners 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 followeth : that is to say, the inhabitants, each ten of the one hundred pro- prieties, shall elect and choose one, and the one hundred proprieties shall be divided into ten divisions or tribes of men.
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" 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 affairs of the said province, (pro tempore,) for the good and welfare of the said people, and according to these our concessions, until such time as the general free assembly shall be elected and deputed in such manner and wise as is hereafter expressed and con- tained."
The constitution, of which the foregoing is an extract, is wit- nessed and signed in the following manner :
" In testimony and witness of our consent to and affirmation of these present laws, concessions and agreements, we, the proprietors, freeholders, and inhabitants of the said province of West New Jersey, whose names are underwritten, have to the same volunta- rily 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, Wmn. Haig, W'm. Peachee, Rich. Matthews, John Harris, Francis Collins, Wm. Kent, Benj. Scot, Tho. Lambert, Tho. Hooton, Henry Stacy, Edw. Byllinge, Rich. Smith, Edw. Neithorp, John Penford, Dan. Wills, Thomas Olive, Tho. Rudyard, William 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, Gerrat Van Jumne, W'm. Gill Johnson, Mich. Lackerouse, Markus Algus, Evert Aldricks, Hendrick Ever- son, Jilles Tomesen, Claas Jansen, Paul Doequet, Aert Jansen, John Surige, Tho. Smith, Jaines Pearce, Edw. Webb, John Pledger, Rich. Wilkison, Christo. Sanders, Renear Van Hurst, William Johnson, Charles Bagley, Sam. Wade, Tho. Woodrofe, John Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac Smart, And. Thomson, Thomas Kent, Henry Jenings, Rich. Wortsaw, Christopher White, John Maddocks, John Forrest, James Vickory, William Rumsey, Rich. Robinson, Mark Reeve, Thomas Watson, Sam. Nicholson, Dan. Smith, Rich. Daniel, Will. Penton, Will. Daniel, Robert Zane, Walter Petterson. Anthony Page, Andrew Bartleson, Woolley Woollison, Anthony Dixon, John Derme, Tho. Benson, John Pain, Rich. Briffington, Sam. Lovett, Henry Stubbens, Will. Willis, George Haselwood, Roger Pedrick, Will. Hughes, Abra. Van Highest, Hipolitas Leferes Will Wilkinson, Andrew Shenneck, Lause Cornelious, Sam. Hedge, Will Masalat John Grubb, John Worlidge, Edw. Meyer, Tho. Barton, Robt. Powel, The
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Harding, Matthew Allen, Bernard Devenish, Thomas Stokes, Thomas French, Isaac Marriott, John Butcher, George Hutcheson, Tho. Gardner, 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 Heulings, John Newbould, John White, John Roberts, John Wood, John Gosling, Tho Revell."
The next business of the new proprietors was to effect a division of the province, so that they might determine what part was to fall under their control. This was concluded by a deed, between Sir George Carteret of the one part, and the trustees of Byllinge on the other, dated July 1st, 1676. The divisional line is thus defined by William Penn and his associates: " 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 Harbor, 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." Penn and his associates now having the control of West Jersey, issued a declaration, set- ting forth the situation in which they stood, and the designs they had in view. Their statements were so satisfactory, that many persons were induced to emigrate, particularly members of the Society of Friends.
" Among other purchasers of the West Jersey lands were two companies, one made up of some Friends in Yorkshire, (as hinted in the concessions,) the other of some Friends in London ; who each contracted for considerable shares, for which they had patents. In 1677, commissioners (agreeable to expectation given) were sent by the proprietors, with power to buy the lands of the natives ; to in- spect the rights of such as claimed property, and to order the lands laid out ; and in general to administer the government, pursuant to the concessions. These commissioners were Thomas Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsley, Robert Stacy, Benjamin Scott, Richard Guy, and Thomas Foulke .* They came in the Kent, Gregory Marlow master, being the second ship from London, to the western parts. After a tedious passage they arrived at Newcastle, the 16th of the sixth month, O. S. King Charles the Second, in his barge, pleasuring on the Thames, came alongside, 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 habi- tations ; 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 apartments of that sort. Among other inconveniences to which this exposed them, the snakes were now plenty enough to be frequently seen upon the hovels under which they sheltered.
* Richard Guy came in the first ship. John Kinsey died at Shackamaxon soon after his landing : his remains were interred at Burlington, in ground appropriated for a bury . ing-ground, but now a street.
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Most of the passengers in this ship were 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 Chygoe's* island, (afterward Burlington,) their business being to treat with the Indians about the land there, and to regulate the settlements, having not only the proprietors' but Gov. Andros's commission for that purpose ; for in their passage hither, they had first dropped anchor at Sandy Hook, while the commissioners went to New York to acquaint him with their design ; for though they had con- cluded 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 civilly, but asked them if they had any thing from the duke, his master. They replied, nothing particularly ; but that he had conveyed 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 ; if I should surrender 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 stren- uously to assert their independency. But Andros, clapping his hand on his sword, told them that he should defend the government from them till he received orders from the duke, his master, to sur- render 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 fur- ther 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 an- other from Oldman's creek to Timber creek. After this they got Henric Jacobson Falconbre to be their interpreter, and purchased from Rankokas creek to Assunpink ;t but when they had agreed
* From Chygoe, an Indian sachem, who lived there.
t The deed for the lands between Rankokas creek and Timber creek bears date the 10th of September, 1677; that for the lands from Oldman's creek to Timber creek, the 27th of September, 1677 ; and that from Rankokas creek to Assunpink, the 10th of Oc- tober, 1677. By the consideration paid for the lands between Oldman's 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 duffelds, 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 scissors, 60 tinshaw looking-glasses, 120 awl-blades, 120 fish-hooks, 2 grasps of red paint, 120 needles, 60 tobacco-boxes, 120 pipes, 200 bells, 100 Jewsharps, 6 anchors of rum.
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upon this last purchase, they had not Indian goods sufficient to pay the consideration, yet gave them what they had to get the deed signed. They were, however, obliged to agree with the Indians not to settle till the remainder was paid. Having travelled through the country and viewed the land, the Yorkshire commissioners, Joseph Helmsley, 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 Arwaumus, (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 com- missioners found the others were like to settle at such a distance, they told them if they would agree to fix by them, they 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 easternmost 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, ar- rived 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 the manner before mention- ed. The town thus by mutual consent laid out, the commissioners gave it the name first of New Beverley, then Bridlington, but soon changed it to Burlington. Some of the masters of families, that came in the ship last mentioned, and settled in that neighborhood, were Thomas Olive, Daniel Wills, William Peachy, William Clay- ton, John Crips, Thomas Eves, Thomas Harding, Thomas Nositer, Thomas Fairnsworth, Morgan Drewet, William Pennton, Henry
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