History of Monmouth County, New Jersey. Pt. 1, Part 18

Author: Ellis, Franklin, 1828-1885
Publication date: 1885
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 974

USA > New Jersey > Monmouth County > History of Monmouth County, New Jersey. Pt. 1 > Part 18

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The first Assembly under the proprietors convened at Elizabethtown in May, 1668, and it appears by the proceedings that James Gro- ver and John Bowne claimed to be deputies for Middletown and Shrewsbury, and took the oath. This was always construed as an ac- knowledgment by the towns of the right of the proprietors, not only to the government, but also to the soil. It appears, however, by the town-book of Middletown, that the inhabitants at the next town-meeting hastened to repudiate Grover and Bowne, and to deny that they were ever chosen representatives. This is an import- ant fact, for their participation in the proceed- ings of the first Assembly at Elizabethtown, and voting for the rates to be levied, was made a strong point against the patentees in the con-

2 The question which agitated the inhabitants of Middle- town and Shrewsbury was one of title to their lands. The same question affected other portions of the province, and produced such dissatisfaction and disorder that the pro- prietors finally were obliged to surrender the government.

The grant from the Duke of York to Berkeley and Car- teret was prior to that from Nicolls to the patentees, but at the date of the Monmouth patent neither Nicolls nor the patentees had notice of the Duke's grant. Nicolls had authority to grant, and promised the patent to those who should settle in Middletown and Shrewsbury, if they would first extinguish the Indian title. This they did, received their patent, and had it recorded previous to notice that the Duke had conveyed to the proprietors. From these conflicting titles proceeded the trouble and contention that followed. The proprietors insisted not only upon the right of government over the inhabitants of the towns of Mon- mouth, but also claimed title to the soil, and demanded taxes and quit-rents. The inhabitants of Middletown and Shrewsbury would have consented to submit to the govern- ment of the proprietors, but denied their title to the lands included in the patent from Nicolls.

THE PROVINCIAL REVOLT.

troversy that followed, and was taken by the Assembly as an acknowledgment of the pro- prietors' title. The entry in the town-book is as follows : "October 28, 1668 .- In a legall towne-meeting, it was ordered that this follow- ing declaration shall bee sent by the Deputies to the General Assembly :. Wee, the freeholders, for the satisfaction of the Governour and Coun- sell declare, that whereas certaine men, (by name) James Grover and John Bowne, appear- ing as Deputies to act in the countrey's behalfe ; this wee declare, that the men were not Legally chosen, according to summons, it being nott published in any part of the countrey till the night before, being the 24th of May. The in- habitants being maney and setled neere twenty miles distance, could nott be ghathered to- ghether as above said; yet it appears that some few to whom the summons first came made choyce of them unknown to the major part of the countrey, who had noe hand in the choyce, nor knew not of their going till they were gone ; and this wee declare to the Governour and Counsell, conceiving under correction : that we are not at all obliged to stand to their acting, the choyce being soe illegal, being fearefull to act anything that might infringe or violate any of the liberties and privileges of our pattent ; and this is our result, that we desire our Depu- ties to present to the Governour and Counsell for their satisfaction, that it was neither contempt nor obstinacy, nor willfull on our parts, that the choyce was not legall according to the summons. Testis. James Grover, Town Clarke."

From the above it will be seen that while they denied the legality of the election of Grover and Bowne, they were not unwilling to elect deputies in a legal manner, provided (as it appears afterwards) their representatives should not be obliged to take an oath that would compromise their patent. From the town-book it appears that neither Grover nor Bowne had been chosen, as there is no entry to that effect. Neither had Shrewsbury sent dele- gates to Elizabethtown, but the Middletown men had assumed to act for Shrewsbury.

The town-meeting of October 28, 1668, also passed the following : " The inhabitants, taking into consideration the liberties and privileges

granted by pattent, and fearing to have their Deputies any way involved under any oath, engagement or subscription whereby any pre- judice or infringement may come upon the liberties and privileges thereof, doe hereby order and enact, and by these presents it is ordered and enacted, That this following proviso shall be presented to the Governor and Counsel, de- siring to have it inserted either in the oath, en- gagement or subscription, viz .: provided that noe law, or act or command wch is or may bee made, acted or commanded, may any way be forceible against the liberties and privileges of your patent. It is further ordered that if the Governour and Counsell please not to admitt of the proviso in the oath, engagement or submis- sion, that then the Deputies shall refuse either to engage, promise or subscribe." This action amounted to open rebellion.

On the 1st of November, 1668, it is re- corded that "in legal town-meeting, Jonathan Hulmes and Edward Tart were this day, by the pluralities of votes, chosen Deputies to act with the General Assembly at Elizabethtown."

On the 3d day of November, 1668, the Assembly met at Elizabethtown, and Jonathan Hulmes and Edward Tart for Middletown, and Thomas Winterton and John Hans, for Shrewsbury, appeared. The entry in the minutes, as found in Leaming and Spicer, is as follows : " The Deputies for Middletown and Shrewsbury, refusing to take or subscribe to the oaths of allegiance and fidelity but with provisoes, and not submitting to the laws and government, were dismissed."

At the May session of 1668 a law had been passed by the Elizabethtown Assembly levying a tax of five pounds on each town. The towns of Middletown and Shrewsbury refused to pay this rate because the Nicolls patent exempted from taxes for seven years. This refusal, to- gether with the conduct of their representatives in declining to take the oath at the opening of the session of November, 1668, called for prompt and decisive action on the part of the provincial government, and the following act was passed, viz .: " Item .- Whereas there was an act of General Assembly passed the thirtieth day of May last, for a rate of thirty pounds to

HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

be raised upon the county for the defraying of Proprietors and preparing to defend their pat- ent : public charge, equally to be laid upon the towns then in being, viz .: the towns of Bergen, " In a legall towne meeting, ffor future se- curity of the goods and cattle that belongs to the inhabitants of the towne, it is hereby ordered and agreed upon that every inhabitant is jointly enjoyned to give their assistance to secure the goods of every particular inhabitant from any one that shall attempt to take or cary anything out of the towne under what couler soever ; and it is further ordered that every particular inhabitant shall make their appear- ance at all demands or warning by the constable or other authorized by him to meet anywhere in the towne, upon penalty of five pounds for non-apearance or non-asistance; and it is likewise ordered and agreed upon by the inhab- itants that if any one being an inhabitant shall come or fall into any trouble about anything concerning the premises above specified, or shall be called by virtue of any writt or warrant to appeare before any Gouvernour or Court upon the same account of such apearance or such asistance, that every such inhabitant shall have his time and expenses discharged by the towne, time of his absence, and these orders to stand forcible till ffurther order. Ordered to be en- tered and subscribed by the major part of the towne." Elizabethtown, Newark upon Pishawack river, Woodbridge, Middletown and Shrewsbury, that is to say, five pounds on each town. Now the major part of the inhabitants of Middletown and Shrewsbury, refusing to pay the same, con- trary to the consent and act of their own Dep- uties, and likewise refuse to submit to the laws of this government. It is hereby enacted by the present General Assembly that Mr. Luke Watson and . Mr. Samuel Moore shall go and demand the aforesaid rate of five pounds from each town, together with forty shillings more from each of said towns, which is their just proportion of the rate of twelve pounds now made by this present General Assembly for the defraying of public charges, which if they re- 'fuse to pay, the said Luke Watson and Samuel Moore to take by way of distress, together with the charges and expenses the county is and shall be at for their obstinate refusal of paying their just dues according to law, and for so doing, the General Assembly doth undertake to save them harmless. It is further enacted, by the 'and his domestick business goe forward all the authority aforesaid, that Luke Watson and Samuel Moore, aforesaid, do demand the posi- tive resolution of the inhabitants, or the major part of them of the said towns, whether or no they will submit to the laws and government of this province, under the Right Honorable John Lord Berkley and Sir George Carteret, Knight and Baronet, the absolute Lords Proprietors of the same, according to His Royal Highness, the Duke of York's grant, upon which answer the General Assembly will proceed accordingly." Luke Watson and Samuel Moore were Wood- bridge men of some note, the latter afterwards being the treasurer of the province. They were not very prompt in performing their duties under the act, probably from fear of en- - countering the rebels of the two revolting towns, who were not at all intimidated by this action of the Assembly, as is apparent from the following significant entry, dated Feb- ruary, 1669,' bidding defiance to the Lords

This meant resistance by force to the collec- tion of the rates by distraint. The five pounds was a small sum for the town to pay, but there was a principle involved, and the people were resolved not to submit to it. The order was directed to be signed by the major part of the inhabitants, as a declaration of their rights, and an alliance defensive to stand or fall together. It was a solemn agreement to provide for the families of those who might suffer for the pub- lic good. On the same day James Ashton, Jonathan Holmes, Richard Gibbens, Richard Stout, William Lawrence and Edmund Tartt were ordered to give answer to the Governor's men in the town's behalf, and that the "Clark " sign and seal the same writing, to be sent to the Governor. The town-meeting at the same time resolved that the Clark at present shall receive the laws from the Governor's messengers, viz. :

1 1668, Old Style.

THE PROVINCIAL REVOLT.

Luke Watson and Samuel Moore, and upon re- ceipt shall declare that the town receives them for their own security only ; and it was likewise ordered that "no inhabitant shall be seized upon, or carried by violence out of the towne, until the towne sees further." On the same day another entry was made by the town clerk, as follows, viz. : "For as much as Luke Wat- son and Samuel Moore, the Gouvernour's mes- ingers, doe command us to aid and assist you in taking distraint of goods from the inhabitants of Middleton to discharge levies levied upon them, This wee declare : That wee own Captain Phillip Carteret to be our Gouvernour, whose lawfull, good and just commands wee shall and will obey in all things not for wrath, but for Conscience' sake towards God, the liberties and privileges of our pattent only maintained in full and ample manner; but for as much as the 'Gouvernour has sent yee to take a distraint of goods from a people that as yet are nott sub- mitted to him (if the act of the General Assem- bly did not hold forth soe much, we would not say so), though the same people will be ready to yield true submission to him, their Gouvernour, in all things good and lawful, the liberties and privileges of their pattent only maintained ; wee say, for as much as he hath sent yee to take distraint of their goods, as in our con- sciences wee judge not to bee just, for how can anything be due from any man or people who are not submitted ? wee shall be passive here in refusing either aide or assistance to yee in the distraynt."

On the succeeding 1st of March the follow- ing self-explanatory documents relative to the troubles in Monmouth were issued by the Pro- prietary Governor and Council, viz. :

" Warrant for the Navesink Men to Produce the Laws and to Publish them :

" Whereas there Was a boddy of Lawes made by the Generall assembly, barring date the 30th May, and another past the 7 Nov' last, the cap- tions Whereof Where sent to the Towns of Shrewsbury and Midleton, and, as I am in- places Adjacent Shall have any Authority or formed, are by some disaffected p'sons Concealed power to bare any Office in any Military or and not published : Wherefore these are to Will | Civil Affairs, nor to have any Vote in Election . and Require you to demande the said Lawes In | or publiek business, until they have taken the

Whose hands or Custodie so ever they are, and In Case of Refusall to take them by force, and the same to publish in both the said Townes of Shrewsbury and Midleton, hereby requiring all p'sons to be Ayding and Asisting to you in the Execution of yo' office; and for you so doing this shall be yo" sufficient Warrant. Giuen Vnd" my hand and Seale the first day of March, 1668 [1668-69].

"PH. CARTERET. "To Mr. Peter Parker, "Constable of Shrewsbury."

"A warrant to Require a paper signed by the Inhabitants of Midleton agt the Lawes:

"These are, by the advice of my Councell, to Require you to demande a certaine paper Sub- scribed by the Inhabitants of Midleton Con- cerneing the Opposition of the Lawes, in Whose hands or Custodie so ever it Is in, and in Case of Refusall to take it by force and to Conway or bring the same vnto me and my Councell, Requiring all p'sons to be ayding and assisting Vnto you in the Executing of this ord"; and for yo' so doing this shall bee your sufficient Warrant. Given Vnd" my hand and Seale the first day of March, 1668 [1668-69].

"[PH. CARTERET.] "To M'. Peter Parker, "Constable of Shrewsbury."

"Prohibition for those at Navesinks to bare any office or have any Vote in Election till they have taken the Ooath: Whereas, by the Lords Proprietors' Concessions, no person or persons are to be admitted as a Freed man or Free- holders of this Province of New Jersey, or have or Injoy the Privilledges granted by the said Concessions until they have taken or subscribed to the Oath of Alaegance to our Sovereign Lord the King and his successors, and to be true and faithfull to the Interest of the Lords Proprie- tors, their heires and successors, it is this day Ordered by the Govern" and his Councell that from henceforth no person or persons within the Townes of Midleton & Shrewsbury and

HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

said Oath of Alegiance to the King and Fidelity to the Lords Proprietors, upon the penalty of being proceeded against as Mutineers against the Authority of this Government and the Dis- turbers of the Publick Peace; and that all per- sons may take Notice hereof, Mr. Peter Parker, the sworne Constable of Shrewsbury, is hereby required to Publish this our Order in both the aforesaid Townes and to fix a Copie of the same in some publicq place or places where it may be Seen and Read, & to take Notice with good sufficient Witness in Writing when it was pub- lished. Given' under the Seale of the Province the first day of March, 1668 [1668-69], and in the one-and-twentieth yeare of His Majesties Raigne, King Charles the Second, etc. By Order of the Governor & Councell.

"JAS. BOLLEN, Prest."

" On the 17th of the same month, at a legal town-meeting,-the major part being present,- it was put to vote concerning that part of the act of May, 1668, which required Luke Watson and Samuel Moore to demand the posi- tive resolution of the inhabitants of the towns as to submission to the government of the abso- lute Lords Proprietors, "and it was unani- mously resolved that the following shall be the positive resolution, and shall be presented to the General Assembly." This document, though long, is here given at length, because it fully sets forth the position and claims of the settlers on the Nicolls patent. It has sometimes been called the Monmouth declaration of independ- ence :

"March 17, 1668-9 .- In a legall towne- meeting, the major part being present, it was this day putt to the vote concerning answearing the Demand of Luke Watson and Samuel Moore, who were authorized by the General Assembly to demand our positive resolution of submission to the government of the absolute Lords Proprietors, as sayeth the Act bearing date the seventh of November, it was unani- mously resolved that this following act shall be .our positive resolution, and shall be presented to the General Assembly, viz:

"That if the oath of alleaganee to our Sov- ereign Lord, the King, and fidelity to the

Lords Proprietors' interest, bee the submission intended in the act, this is our result: that as true loyal subjects to the King, we are ready at all demands either to engage, swear or subscribe all true alleagance to his Royal Majesty of England, as in duty bound, either before the Gouvernour, or any other minister of justice authorized by him to administer the same, with- out any equivocation or mentall reservation, as true loiall subjects ought to doe; and this wee will performe absolutely.

"As to the Lords Proprietors' interest, it being a new, unheard thing to us, and soe obscure to us that at present we are ignorant what it is; yet as men not void of judgment, knowing right well that all oaths, engagements or subscriptions ought to be administered in truth, in righteousness and in judgment, upon which consideration wee are nott willing to sweare to (wee know not what), yet by what hath been presented and come to our hands from the Governour at several times, viz: an order or law came in the year 1666, prohibiting any from selling wine to the Indians, under great penalty, though it seems now that above the quan- tity of two gallons may be tollerated by a law. 2d. Warrants coming to our hands, nott in His Majesties name, but in the Lords Proprietors' name, being such a name as wee simple crea- tures never heard of before. 3d An account that our Deputies gave us, being returned from the General Assembly held in November last, who informed us that the hounoured Gouver- nour told them (speaking concerning their patent) that notwithstanding your pattent, said hee, yett new Lords must now have new lawes, and further they declared to us that the Gouv- ernour tould them that Gouvernour Nicolls could not give away his master's land, and further said that when your pattent was in granting, that Captaine James Bullen, my Secretary, putt in his caveat, and soe put a stop to it, Captaine Bullen then affirming the same. 4th. An order coming from the Gouvernour and Counsell, bearing date the first of March, '68, prohibiting the townes of Middleton and Shrewsbury from electing any officer, or any officer from executing any office, upon penalty of being proceeded against as mutineers. 6th.

THE PROVINCIAL REVOLT.

An Act of the General Assembly, stiling (the Right Honorable John Lord Berkley and Sir George Carteret) the absolute Lords Proprietors.

"By all weh, wee conceive: that the Lords proprietors interest is :: not only: the absolute sovereignty : from weh all laws must be given : but allsoe: the absolute propriety: from weh all lands must bee holden: (wee say) if this bee the interest soe specified in Gouvernour's late order: and intended in the oath: and in parte the submission demanded by the Act.

"This is our result: wee have received a pattent from his Roiall highness the Duke of York's Deputy: owning us: nott only to have purchased our lands from the Chief Proprietors of the countrey: but allsoe impowering us to give prudentiall lawes to ourselves: both for our own safety : and our well being :: and should wee submit to interest soe farre: as by either engaging: swearing: or subscribing to the lawes of the government under the Lords proprietors how contrary and prejudiciall to our present safety, as witness a law made the last Generall Assembly: giving liberty to sell wine to the indians: weh liberty tends merely to our destruction, many sad former experiences have we had among us witnessing the same: it being a Liberty soe contrary to the lawes of New Yorke from whence our pattent had its origi- nall: and besides, our pattent giving us such liberty as giving lawes to ourselves, how are wee bound to take lawes from the goverment of the Lords Proprietors (criminalls and apeals ex- cepted) by weh it is manifest: that neither the Lords proprietors nor the Generall Assembly can in the leaste breake our liberties and privi- leges: but wee ourselves will bee found to bee self-violaters of them in submitting by swearing to such an interest: as wee are not bound to: besides at present noe provision being made by the Lords proprietors' government for the con- servation of the liberties and privileges of our pattent, they are liable te bee infringed upon by such acts weh are resolved by the major vote of the generall assembly: then how should wee submit by swearing to the lawes of the gover- ment: and nott bee guilty of self-violation of . our pattent ourselves.

" And forasmuch as they are styled the abso- lute Lords proprietors ffrom hence, it abso- lutely granted and necessarily followeth that all such inhabitants as lives upon this propriety : are absolute tennants to the Lords propri- etors : and by virtue of this their submission : by oath to their interests are irrecoverably involved to pay such Lords rents : as will answer the interest to web they have sworne: and should we submit to the interest so farre as by swear- ing thereunto : having a propriety of land nott onely purchased from the Chief Proprietors of the Countrey: viz. the Indians: but alsoe granted unto us by the Deputy to his Royall highness the duke of Yorke (weh appears under hand and seal) : it would be an act beneath the wisdome of the owners of such a patent : and herein wee should apeare to bee self-violators of our pattent ourselves : and for as much as the Lords Proprietors rents from such inhabitants as lives upon the propriety apears in the con- cessions : viz. a half penny an acre at least : should wee submit soe farre to the interest by swearing : whose acknowledgments by virtue of pattent to his Royall Highness : have their de- pendancy upon such payment as others his majesties subjects, doe in the government of New Yorke to his Royall Highnes : it would be an act, as wee conceive, weh would bee a dis- honner to him that gave it.

" Herein wee should apeare to be self-viola- tors of our pattent ourselves : but for as much as there is an assignment made by his Royall Highnes to the Lords proprietors of such a tract of land in weh our pattent may bee com- prehended : wee looke at ourselves to be (noto- riely) responsible to the Lords Proprietors in all such acknowledgments as others his majesties subjects doe : in the government of New Yorke to his Royall highness : (butt alsoe) to transmitt all criminalls arising amongst ourselves : and such apealls as are proper to bee transmitted to the trial of Lords Proprietors' government : These : and no other being the same injunctions : wch once we were subordinate to the goverment of New Yorke nott any way now nullified : altered : or changed as wee conceive: butt only transferred by virtue of assignment to the sayd Lords Proprietors and their government : Not-

HISTORY OF MONMOUTHI COUNTY, NEW JERSEY.

withstanding for the future benefitt and tran- quility : and for the establishment of peace in the province: wee shall bee willing to submit to the Lords proprietors' interest according to the late order provided that some secure way could be projected or some provision made by the Lords proprietors' government weh might secure us from destroying of ourselves by weakning this . our interest weh we so highly prize weh indeed is the very foundation of our livelyhood : if noe secure way or course can be thought of or pro- jected to secure our owne interest : wee are att present resolved not to entangle ourselves into any other interest appertaining to any men : but shall (by the assistance of God) Stick to our pattent : the liberties and privileges thereof web is our interest : weh once was committed to us : nott to betray : like treacherous men : who for filthy lucre's sake have bin ready to betray them- selves and others : but to deale faithfully with it being a trust committed to us: and in soe doing wee conceive : we need not feare what any man : or power : can doe unto us : and for as much as att present wee conceive : that upon this our interest thare hath bin lately an inroad made upon it: by virtue of an order coming from the Governour and Counsell : and by com- mission : published in our towne : prohibiting any officer that hath bin constituted by virtue of pattent to execute any office till they had sworne to the Lords proprietors' interest upon penalty of being proceeded against as mutineers : (to salve weh), wee shall make our addresses unto the highest authority in the countrey for remedy : and this is our positive resolution in answear to the Act : desiring further that this our answer may be presented to the generall asembly to prevent misinformation."

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History of Monmouth County, New Jersey. Pt. 1, Part 18

Author: Ellis, Franklin, 1828-1885 Publication date: 1885 Publisher: Philadelphia : R.T. Peck & Co. Number of Pages: 974

Author: Ellis, Franklin, 1828-1885
Publication date: 1885
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 974