USA > New Jersey > Mercer County > Trenton > History of the city of Trenton, New Jersey : embracing a period of nearly two hundred years, commencing in 1676, the first settlement of the town, and extending up to the present time, with official records of the population, extent of the town at different periods, its manufactories, church history, and fire department > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
It was stipulated in the grant, that James, Duke of York, and his heirs and assigns, were to render yearly and every year, forty beaver skins when they shall be demanded, within ninety days. after.
He was also granted, his heirs, deputies, agents, commis- sioners, and assigns, full and absolute power and authority to correct, punish, pardon, govern, and rule all subjects within said territory, in all causes and matters, capital and criminal, as civil, both marine and others, as near as may be agreeable to the laws, statutes, and government of this our realm of England. And to appoint all officers.
This grant goes on to cite many other things, but as they do not relate particularly to the object in view, I deem it unnecessary to copy the whole letters patent. It concludes as follows :
" In witness whereof we have caused these our letters to be- made patent. Witness ourself at Westminster, the twelfth day of March, in the sixteenth year of our reign. By the King.
" HOWARD.
5
HISTORY OF TRENTON.
" All which by the tenor of these presents we have caused to be exemplified. In testimony whereof we have caused our seal of our said province of New York to be hereunto affixed. Witness our trusty and well-beloved Robert Hunter, esq., our captain-general and governor-in-chief of our provinces of New York, New Jersey, and territories thereon depending in America, and vice admiral of the same, and at our fort at New York, this thirtieth day of October, in the tenth year of our reign.
"H. WILEMAN, " Dep. Sec'y."
On the 24th day of June, in the sixteenth year of the reign of Lord Charles II., Anno Domini 1664, James, Duke of York, released to John Lord Berkley, Baron of Stratton, and one of His Majesty's most Honorable Privy Council, and Sir George Carteret, of Saltrum, in the county of Devon, Knight, and one of His Majesty's most Honorable Privy Council, "for and in consideration of a competent sum of good and lawful money of England to his said Royal Highness, James, Duke of York, in hand paid by the said John Lord Berkley and Sir George Carteret, granted, bargained, sold, released, and confirmed unto the said John Lord Berkley and Sir George Carteret, all that tract of land adjacent to New England, and lying and being to the westward of Long Island and Manhitas Island, and bounded on the east part by the main sea, and part by Hudson's river, and hath upon the west Delaware bay or river, and extending southward to the main ocean as far as Cape May, at the mouth of Delaware bay, and to the northward as far as the northmost branch of the said bay or river of Delaware, which is forty-one degrees and forty minutes of latitude, and crosses over thence in a straight line to Hudson's river in forty-one degrees of latitude ; which said tract of land is hereafter to be called by the name or names of New Cæsarea or New Jersey.
" For which they were to yield and render unto the said James, Duke of York, his heirs and assigns, for the said tract of . land and premises, yearly and every year, the sum of twenty nobles of lawful money of England, if the same shall be lawfully
6
HISTORY OF TRENTON.
demanded, at or in the Inner Temple Hall, London, at the Feast of St. Michael, the Archangel, yearly.
" JAMES.
" Signed, sealed, and delivered in the presence of
" WILLIAM COVENRYE.
" THOMAS HEYWOOD."
The first act of the lords proprietors was to grant concessions- or agreements for the government of the province of New Cæsarea or New Jersey, to and with all and every the adven- turers and all such as shall settle or plant there.
The governor of the province had power, by and with the: consent of his council, to depute one in his place and authority, in case of death or removal, to continue until further order, unless the proprietors had commissioned one before. He also had power to make choice of and take to him six counselors at least, or twelve at most, or any even number between six and twelve, with whose advice and consent, or with at least three of" the six, or four of a greater number (all being summoned), he is to govern according to the limitations and instructions following, .. during our pleasure.
These instructions provided for a chief secretary or register,. (who they were to choose, or in case of failure on their part, the governor was to choose), to keep exact entries in fair books, of all public affairs ; to avoid deceits and lawsuits ; to record and enter all grants of land from the lords to the planters, and all conveyances of lands, house or houses from man to man ; all leases for land, house or houses, made or to be made by the landlord to any tenant for more than one year.
The surveyor-general was to be chosen by the proprietors, or" in case of their failure to choose, to be appointed by the gover- nor, whose duty it should be to lay out, survey, and bound all such lands as shall be granted from the lords to the planters ; and all other lands within the said province. And in case they misbehave themselves, as that the governor and council, or deputy governor and council, or the major part of them, shall' find it reasonable to suspend their actings in their respective:
7
HISTORY OF TRENTON.
employment, it shall be lawful for them so to do, until further orders from us.
That the governor, counselors, assemblymen, secretary, sur- veyor, and all other officers of trust, shall swear or subscribe (in a book to be provided for that purpose), that they will bear true allegiance to the King of England, his heirs and successors ; and that they will be faithful to the interests of the lords proprietors of the said province, and their heirs, executors, and assigns, and endeavor to promote the peace and welfare of the said province ; and that they will truly and faithfully discharge their respective trust in their respective offices, and do equal justice to all men, according to their best skill and judgment, without corruption, favor, or affection ; and the names of all that have sworn or subscribed, to be entered into a book. And whosoever shall subscribe and not swear, and shall violate his promise in that subscription, shall be liable to the same punishment that the persons are or may be that have sworn and. broken their oaths.
All persons who were or should become subjects of the King of England, and swear or subscribe allegiance to the king and. faithfulness to the lords, were admitted to plant and become free men of the said province. No person was to be molested, punished, disquieted, or called in question for any difference in. opinion or practice in matters of religious concernments, but all were freely and fully to have and enjoy his and their judgments and consciences in matters of religion throughout the said province, and under no pretence was the liberty of conscience. to be infringed.
The inhabitants, being freemen, were to make choice of twelve: deputies or representatives from among themselves, to join the governor and council in making such laws as may be necessary for the present good and welfare of the province.
As soon as parishes, divisions, tribes, and other distinctions were made, the inhabitants or freeholders of the same were: annually to meet on the Ist day of January, and choose free- holders for each respective division, tribe, or parish to be the deputies or representatives of the same, a majority of whom, with
8
HISTORY OF TRENTON.
the governor and council, were to be the general assembly for the province.
Power was granted the general assembly to constitute and appoint such and so many ministers or preachers as they shall think fit, and to establish their maintenance; giving liberty beside, to any person or persons to keep and maintain what preachers or ministers they please.
The assembly were to have power to appoint their own time and place of meeting, and the quorum was to consist of the one- third part of the whole number of members; they were authorized to enact all such laws, acts, and constitutions as shall. be necessary for the well government of the said province, with power to repeal them at pleasure. Said laws were not to be against the interests of the lords proprietors, their heirs or assigns, nor any of those their concessions; it was especially provided that they be not repugnant to the article for liberty of conscience.
The laws thus made were to be in force one year and no more, unless contradicted by the lords proprietors, within which time they were to be presented to them for ratification, and being confirmed by them, they were to be in continual force till they expired by their own limitation, or by act of repeal in like manner to be passed (as aforesaid) and confirmed.
They were to constitute all courts, together with the limits, powers, and jurisdictions of the same; also the officers and number of officers belonging to each court, with their respective salaries, fees, and perquisites.
To lay equal taxes and assessments, equally to raise moneys or goods upon all lands (excepting the lands of the lords proprietors before settling), 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 province.
To erect within the said province such and so many manors, with their necessary courts, freedoms, and privileges, as to them shall seem meet and convenient.
To create ports, harbors, creeks, and other places for the convenient lading and unlading of goods and merchandise out of ships, boats, and other vessels, as shall be expedient.
9
HISTORY OF TRENTON.
To erect, raise, and build within the said province, or any part thereof, such and so many forts, fortresses, castles, cities, corporations, boroughs, towns, villages, and other plcaes of strength and defence.
To constitute trained bands and companies, with the number of soldiers for the safety, strength, and defence of the said province, and of the forts, castles, cities, &c.
To suppress all mutinies and rebellions ; to make war, offensive and defensive, with all Indians, strangers, and foreigners, as they shall see cause ; and to pursue an enemy, as well by sea as by land, if need be, out of the limits and jurisdictions of the said province, with the particular consent of the governor, and under his conduct, or of the commander-in-chief, or whom he shall appoint.
To give to all strangers as to them shall seem meet, a naturali- zation, and all such freedoms and privileges within the said province as to his majesty's subjects do of right belong, they swearing or subscribing as aforesaid ; which said strangers so naturalized and privileged, shall be in all respects accounted in the said province as the king's natural subjects.
To prescribe the quantity of land which shall be from time to time allotted to every head, free or servant, male or female, and to make and ordain rules for the casting of lots for the land and the laying out of the same.
To make provision for the maintenance and support of the governor, and for the defraying of all necessary charges for the government ; as also, that the constables of the said province shall collect the lords' rent, and shall pay the same to the receiver that the lords shall appoint to receive the same, unless the general assembly shall prescribe some other way whereby the lords may have their rents duly collected, without charge or trouble to them.
The governor, with his council before expressed, is to see that all courts established by the laws of the general assembly, and all ministers and officers, civil and military, do and execute their several duties and offices respectively, according to the laws in force ; and to punish them for swerving from the laws,
IO
HISTORY OF TRENTON.
or acting contrary to their trust, as the nature of their offences shall require.
To nominate and commission the several judges, members and officers of courts, whether magistratical or ministerial, and all other civil officers, coroners, &c., and their commissions, powers, and authority to revoke at pleasure.
To appoint courts and officers in cases criminal; and to empower them to inflict penalties upon offenders against any of the laws in force in the said province, as the said laws shall ordain, whether by fine, imprisonment, banishment, corporal punishment, or to the taking away of member or life itself, if there be cause for it.
To place officers and soldiers for the safety, strength, and defence of the forts, castles, cities, &c.
Where they see cause, after condemnation, to reprieve until the case be presented. with a copy of the whole trial, proceed- ings, and proofs to the lords, who will accordingly either pardon or command execution of the sentence on the offender, who is in the meantime to be kept in safe custody till the pleasure of the lords be known.
"And that the planting of the province may be the more speedily promoted, we do hereby grant unto all persons who have already adventured to the said province of New Cæsarea or New Jersey, or shall transport themselves or servants before the Ist day of January, which shall be in the year of our Lord 1665, these following 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 settlement 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 bandiliers and match convenient, and with six months' provision for his own person, arriving there, one hundred and fifty acres of land, English measure ; and for every able servant that he shall carry with him, armed and provided as aforesaid, and arriving there, the like quantity of one hundred and fifty-acres, English measure. And whosoever shall send servants at that time, shall have for every able man-servant he or she shall send, armed and
II
HISTORY OF TRENTON.
provided as aforesaid, and arrive 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 for every Christian servant, exceeding the age afore- said, after the expiration of their time of service, seventy-five acres of land for their own use.
"To every master or mistress who shall go before the Ist day of January, which shall be in the year 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 hundred and twenty acres of land ; and for every weaker servant or slave, male or female, 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.
"To every free man and free woman that shall arrive in the said province, armed and provided as aforesaid, within the second year from the Ist day of January, 1665, to the Ist day of January, 1666, with intention to plant, ninety acres of land, English measure; and for every man-servant that he or she shall carry or send, armed and provided as aforesaid, ninety acres of land of like measure.
" For every weaker servant or slave, aged as aforesaid, who 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 who shall arrive the second year, forty-five acres of land of like measure.
"To every free man and free woman that should arrive within the third year from January, 1666, to January, 1667, three-score acres of land ; every able man-servant, three-score acres of land ; every weaker servant or slave, thirty acres of land ; and to every Christian servant thirty acres of land, after the expiration of their time of service."
The governor, council, and general assembly were to take care and direct that all lands be divided by general lots, none less than two thousand one hundred acres, nor more than twenty-
I2
HISTORY OF TRENTON.
one thousand acres in each lot, excepting cities, towns, &c., and the near lots of townships, and that the same be divided into seven parts, one-seventh part to them, their heirs, and assigns ; the remainder to persons as they come to plant the same, in such proportions as are allowed.
The following was the form of the warrant to be given by the governor, or whom he should depute, in case of death or absence, which was to be signed and sealed by himself and the major part of his council, and directed to the surveyor-general or his deputy, commanding him to lay out, limit, and bound - acres of land, according to the warrant :
"The lords proprietors of the province of New Cesarea or New Jersey, do hereby grant unto A B, of the -, in the province aforesaid, a plantation containing - acres, English measure, bounded (as in the certificute), to hold to him or her, his or her heirs or assigns, forever, yielding and paying yearly to the said lords proprietors, their heirs or assigns, every five and twentieth day of March, according to the English account, one half-penny of lawful money of England, for every of the said acres to be holden of the manor of East Greenwich, in free and common soccage ; the first payment of which rent to begin the five and twentieth day of March, which shall be in the year of our Lord one thousand six hundred and seventy, according to the English account. GIVEN under the seal of the said province the - day of - in the year of our Lord 166 -.
"Convenient proportions of land for highways and for streets, not exceeding one hundred feet in breadth in cities, towns, and villages, &c., and for churches, forts, wharves, kays, harbors, and for public houses ; and each parish for the use of their ministers, two hundred acres, in such places as the general .assembly may appoint.
"That the inhabitants of the said province have free passage through or by any seas, bounds, creeks, rivers or rivulets, &c., in the said province, through or by which they must necessarily pass to come from the main ocean to any part of the province aforesaid.
"Given under our seal of our said province, the tenth day of
13
HISTORY OF TRENTON.
February, in the year of our Lord one thousand six hundred sixty and four.
JOHN BERKLEY, G. CARTERET."
Philip Carteret was appointed by John Lord Berkley and Sir George Carteret, the first governor of "all that tract of land adjacent to New England, and lying and being to the westward of Long Island and Manhitans Island, and bounded by the east, part by the main sea and part by Hudson's river ; and having upon the west, Delaware bay, and to the northward as far as the northermost branch of the said bay or river of Delaware, which is in forty-one and forty degrees of latitude ; crossing over thence in a straight line to Hudson's river, in forty-one degrees of latitude, now commonly called by the names of New Cæsarea or New Jersey ; and of all the islands, inlets, rivers, and seas within the said bounds of our said province."
This commission to Governor Carteret bears date the 10th day of February, 1664.
On the Ist day of July, 1676, New Jersey was divided into two sections, called East and West New Jersey, Sir George Carteret receiving for his share the easterly section, extending eastward and northward along the sea coast and Hudson's river, from the east side of a certain place or harbor lying on the southern part of the same tract of land, and commonly called or known in a map of the said tract of land by the name of Little Egg Harbor, and William Penn, Gawn Lawrie, and Nicholas Lucas, their heirs and assigns, receiving in severalty as their full part, share, and portion of the said tract of land, in trust for the benefit of Edward Billinge, as the said undivided moiety was subject, and to be from henceforth called and distinguished by the name of West New Jersey ; all that westerly part, share, and portion of the said tract of land and premises, lying on the west side, and westward of the aforesaid straight and direct line drawn through the said premises from north to south, for and in consideration of five shillings to them, the said William Penn, Gawn Lawrie, Nicholas Lucas, and Edward Billinge, in hand paid by the said Sir George Carteret, the receipt whereof they
B
14
HISTORY OF TRENTON.
do here respectively acknowledge, the said Edward Billinge and they, the said William Penn, Gawn Lawrie, and Nicholas Lucas, by and with the consent, direction, and appointment of the said Edward Billinge, testified by his being a party hereunto, and by his sealing and executing of these presents.
This westerly part, share, and portion of the said tract of land and premises were, by the consent and agreement of the parties, called by the name of West Jersey, and was all that and only all that part, share, and portion of the said tract of land and premises conveyed by his said Royal Highness, as lieth extended westward, or southward from the west side of the line of said partition, on the Delaware river, and extending to. Egg Harbor, in which what is now the city of Trenton belonged.
-
-
CHAPTER II.
First Legislature-Laws of first Session-Every male to furnish himself arms and ammunition-Punishment for Arson-False Swearing-Kidnapping-Burglary-Stealing-Punishment of Witches-Smiting or Cursing Father or Mother-Night-walk- ing, drinking, and frequenting tippling-houses-Defraying the Public Expenses-Licenses for Marriage-Runaway appren- tices and servants-Fine for transporting or harboring the same -Drunkenness, how Punished-Brand-mark for horses and cattle-Ordinary-Trading with Indians prohibited-Working on Sunday, how punished- What goods exempt from destraint- Weights and measures to be sealed-Leather to be sealed-First day of Public Thanksgiving in the Province-Governor's salary -Division of the Province into four counties-General Assem- bly, Courts, Public Records removed from Elizabethtown to. · Amboy Perth-Division of the counties-School-masters estab- . lished-Schools regulated-Concessions and Agreements between East and West Jersey, etc., etc.
T HE first general assembly of the state met at Elizabethtown on the 26th day of May, 1668.
Hon. Philip Carteret, governor.
The council consisted of Capt. Nicholas Verlet, Daniel Pierce, Robert Bond, Samuel Edsall, Robert Vanguellin, William Par- don ; James Bollen, secretary.
The burgesses consisted of Gasper Stemmetts, Battazer Bayard, for Bergen ; John Ogden, John Brackett, for Elizabethtown; Capt. Robert Treat, Samuel Swarne, for Newark, upon Pisha- wack River ; John Bishop, Robert Dennes, for Woodbridge ; James Grover, John Bound, for Middletown and Shrewsbury.
The following is an abstract of the laws passed at this first session of the provincial legislature :
"For resisting the authority established by the lords proprietors,
16
HISTORY OF TRENTON.
as the governor, justices, or any other inferior officers, either in words or actions, fine or corporal punishment, as the court shall judge, upon due examination.
" Every male from sixteen years and upwards, to the age of sixty years, shall be furnished, at their own cost and charges, with good and sufficient arms, and constantly maintain the same, viz., a good serviceable gun well fixed, one pound of good powder, four pounds of pistol bullets, or twenty-four bullets suited to the gun, a pair of bandoleers, or a good horn, and a sword and belt; and if any person or persons shall willfully neglect and not provide himself according to this act, within one month after publication thereof, he shall pay one shilling for the first week's neglect, and for the next week's neglect and so for every week after, the sum of two shillings, by way of fine, to be levied upon his or their goods and chattels."
In the capital laws, it is enacted :
"That if any person or persons shall maliciously, wittingly, or willingly set on fire any dwelling-house, out-house, store-house, barn or stable, or any other kind of house or houses, corn, hay, fencing, wood, flax, or any other combustible matter, to the prejudice and damage of his neighbor, or any other person or persons whatsoever, he or they shall be committed to prison with- out bail or mainprize, and make full satisfaction ; and if he or they are not able to make satisfaction for the damages sustained by such willful and malicious act, then to stand to the mercy of the court whether to be tried for life or to suffer some other corporal punishment, as the court shall judge, all circumstances being first duly examined and considered of.
" If any person or persons shall willingly and maliciously rise up to bear false witness, or purpose to take away a man's life, they shall be put to death.
"If any man shall willfully or forcibly steal away any man- kind, he shall be put to death.
" If any person within this province shall commit burglary, by breaking open any dwelling-house, store-house, ware-house, out- house or barn, or any other house whatsoever, or that shall rob any person in the field or highways, he or they so offending shall, for the first offence; be punished by being burnt in the hand
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.