USA > New Jersey > Monmouth County > History of Monmouth county, New Jersey > Part 17
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On the 1st of November, 1668, it is re- corded that "in legal town-meeting, Jonathan IInImes 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 Huhnes 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."
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 1-sembly passed the thirtieth day of May last, for a rate of thirty pounds to
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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- eurity of the goods and eattle 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 eary 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 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 aet 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 ! or other authorized by him to meet anywhere each town, together with forty shillings more 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 sueh asistance, that every such inhabitant shall have his time and expenses discharged by the towne, and his domestick business goe forward all the 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." 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 publie charges, which if they re- fuse to pay, the said Luke Watson and Sammel 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 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 , families of those who might suffer for the pub- 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, 1669,1 bidding defiance to the Lords
This meant resistance by force to the collee- 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 lie good. On the same day James Ashton, Jonathan Holmes, Richard Gibbens, Richard Stont, 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.
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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, nntil 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 Conseienee' 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 cou- 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."
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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 Novr last, the cap- tions Whereof Where sent to the Towns of Shrew-bury and Midleton, and, as I am in- formed, are by some disaffected prsons Concealed 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 publick 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 psons to be Ayding and Asisting to you in the Execution of yo' office; and for you so doing this shall be yo' sufficient Warrant. Ginen 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- seribed by the Inhabitants of Midleton Con- eerneing 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'sous to be ayding and assisting Vnto you in the Executing of this ordr; and for yor so doing this shall bee your sufficient Warrant. Given Vud' my hand and Seale the first day of March, 1668 [1668-69].
"[PH. CARTERET.] "To AF. 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 Proprietor-' 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 places Adjacent Shall have any Authority or power to bare any Office in any Military or
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HISTORY OF MONMOUTH COUNTY, NEW JERSEY.
said Oath of Alegianee 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 Scale of the Province the first day of March, 1668 [1668-69], and in the one-and-twentieth yeare of Ilis Majesties Raigne, King Charles the Second, ete. 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 saveth 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:
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 alleaganee 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 doc; and this wee will performe absolutely.
"As to the Lords Proprietors' interest, it being a new, uuheard 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
"That if the oath of alleagance to our Soy- ereign Lord, the King, and fidelity to the | of being proceeded against as mutineers. 6th.
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THE PROVINCIAL REVOLT.
" And forasmuch as they are styled the abso-
An Act of the General Assembly, stiling (the Right Honorable John Lord Berkley and Sir lute Lords proprietors ffrom hence, it abso- George Carteret) the absolute Lords Proprietors. lutely granted and necessarily followeth that all such inhabitants as lives upon this propriety : "By all wch, 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 web all lands must bee holden: (wee say) if this bee 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 weh they have sworne: and should the interest soe specified in Gouvernour's late " we submit to the interest so farre as by swear- order: and intended in the oath : and in parte ing thereunto : having a propriety of land nott the submission demanded by the Act.
onely purchased from the Chief Proprietors of "This is our result: wee have received a the Countrey: viz. the Indians: but alsoe pattent from his Roiall highness the Duke of York's Deputy: owning us: nott only to have | highness the duke of Yorke (weh appears under 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 so farre: as by the lawes of the government under the Lords proprietors how contrary and prejudiciall to our present safety, as witness a law made the last granted unto us by the Deputy to his Royall 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 either engaging: swearing: or subscribing to , 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 Generall Assembly: giving liberty to sell wine 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, w-ch would bee a dis- honner to him that gave it.
to the indians: wch 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- mall: and besides, our pattent giving us such " 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 Lords Proprietors (criminalls and apeals ex- 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 Royal highness : (butt alsoe) to transmitt all criminalls arising amongst ourselves : and such apealls as are proper to bee transmitted to liberty as giving lawes to ourselves, how are wee bound to take lawes from the goverment of the cepted) by weh it is manifest: that neither the Lords proprietors nor the General 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 the trial of Lords Proprietors' government : pattent, they are liable te bee infringed upon by These : and no other being the same injunctions : such arts weh are resolved by the major vote of weh once we were subordinate to the goverment of New Yorke nott any way now nullified :
the generall assembly: then how should wee submit by swearing to the lawes of the gover- altered : or changed as wee conceive : butt only ment: and nott bee guilty of self-violation of transferred by virtue of a-signment to the sayd our pattent ourselves.
Lords Proprietors and their government : Not-
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HISTORY OF MONMOUTH 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' goverument wch might secure us from destroying of ourselves by weakning this our interest weh we so highly prize web indeed is the very foundation of our livelyhood : if noe secure way or course can be thought of or pro- jected to seenre 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 w.ch is our interest : wch 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 mau : 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 wch), wee shall make our addresses unto the highest authority in the countrey for remedy : | (as it is well known) with all 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."
" December 6, 1671 .- In a legall towne meeting : the major partt being present, it was ordered that following writing shall be sent to the Goveruour and Counsell and Deputies of the townes of the province assembled together at Elizabethtown the 12th of this present month. Honoured Governour: the Counsell and Deputies of the generall assembly. Wee received by the hands of some of the men of Woodbridge the late acts of the geuerall assembly at their last adjournment bearing date 22 of November : as allsoe a sum- mons under hand and seale of the province for choice of Burgesses for a further Assembly to bee held on the 12th of this present month : both web being enclosed in a paper sent unto us by the Honoured Governour : desiring our compliance to auswere the summons : and fur- ther requiring our positive answer by the bearer : to web wee say : that such is: and hath bin our forwardness for compliance at all times : that there hath bin: and is noe need of any ocasion : either to instigate or augment our for- wardnes thereunto: having not at any time wilfully omitted any opertunity of apearing by our deputies to doe such service as hath bin re- quired of us : besides : the sincerity of our de- sires : being soe well known to God, and our own conseiences herein : in point of true Lovall submission to the government of the Lords proprietors soe farre forth as is proper to our conditon to the very utmost that can bee claimed from us: whose just power wee have formerly owned : but when we consider : (having pondered we in our minds) the late act was presented to us : and being therein charged : with noe les thau contempt of authority of government: the charge being soe generall : viz. the townes of Middlesex and Shrewsbury, the forciblenes of the charge be great : viz. an Act of the generall assembly : and withall judging the charge the whole ground of the Act : for what
How this resolve of the Monmouth men to stand by their patent was received by the pro- prietors' government is not known, for no min- utes of the Elizabethtown General Assembly from November, 1668, to 1675 have been found. There is reason to believe that the Assembly greater force can there be than a generall act : met occasionally during that period, but it is wee say : wee (weighing these things in the ballances of equity) judge ourselves at present alltogether incapable of answearing the sum- mons : aprehending ourselves at present rather fitter to be cleared publickly of soe weighty a probable that no business of any importance was transacted. The next entry here quoted from the Middletown town-book proves there was an occasional session, ---
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THE PROVINCIAL REVOLT.
charge : then to joyne with the Gouvernour: mens expences: who wee conceive rather show Counsell : and deputies of the townes of the an evell mind in desiring itt : soe that if any- provinee in the exercise of any legislative thing by the power of the province be forced power : for the settlement of any thing: need- from us at any time (upon this account), viz .: ful and necessary for the well governing of this for the discharge of expences of provisions for province : and should have now apeared to those two asemblies: wee hope wee shall nei- ther be ashamed nor affrayd to declare it to be
have answered to the charge if that writt had apeared amongst us weh the late asembly gave open and manifest wrong: further wee give yee the Gouvernour thatt power to issue forth : to understand the cause and reason why our further more (conecaving under correction) that deputies apeared not at the last adjournment ; noe such prerogative or privilege may bee con - when the time came that they should goe: our vessel was accidentally drove away, by wch means they were disabled from coming and for the season of neere fourteen days toghether noe ves-ell could not bee gott in any capacity to transport them : this being the very ground and reason why they came nott: and therefore wee conceive that weh providentially fall out men of reason and understanding will bee well satisfied withal .... It is further ordered : that the clarke (at present) shall signe to this above answear in the name of the towne and shall send it backe by Woodbridge men with its di- rection running thus: viz .: To the Honoured Gouvernour and Counsell : and Deputies of the townes of the province asembled toghether at ferred upon contemners and despisers of gov- ernment, much les noe such thing as either the dignity of a freeholder to elect or the dignity of a Deputy to act for the good and welfare of any state or province, and therefore for the full clearing of ourselves our desire is that the late aet (according to the current thereof ) may bee exactly prosecuted : that so that power (ich the late asembly of deputies at their last adjourn- ment tooke upon them to give the gouvernonr) may now bee putt in execution : for had that writt apeared now amongst us : wee question nott : but wee should have shewed our ready and willing obedience to have answeared there- unto: being carefull of incurring upon any Attayndor of rebellion : but that writt apear- Elizabethtown.
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