APPENDIX
NUMBER I
The concessions
and agreement of the lords proprietors of the province of
New-Caesarea, or
New-Jersey, to and with all and every of the adventurers,
and all such as
shall settle or plant there. [A.D. 1664]
IMPRIMIS, We do
consent and agree, that the governor of the said province
hath power, by the
advice of his council, to depute one in his place and
authority, in
case of death or removal, to continue until our further
order, unless we
have commissioned one before.
2. Item. That he
hath likewise power to make choice of; and take to him six
councellors at
least, or twelve at most, or any even number betwixt six and
twelve, with
whose consent and advice, or with at least three of the six,
or four of a
greater number (all being summon'd) he is to govern according
to the
limitations and instructions following, during our pleasure.
3. Item. That the
chief secretary or register which we have chosen, or
shall choose, (we
failing) that he shall choose, shall keep exact entries
in fair books, of
all publick affairs: And to avoid deceits and lawsuits,
shall record and
enter all grants of land from the lords to the planters;
and conveyances
of land, house or houses, from man to man, as also all
leases for land,
house or houses, made or to be made by the landlord to
any tenant, for
more than one year; which conveyance or lease shall be
first
acknowledged by the grantor or lessor, or proved by the oath of two
witnesses to the
lease or conveyance, before the governor, or some chief
judge of a court,
for the time being, who shall under his hand, on the
backside of the
said deed or lease, attest the acknowledgement or proof as
aforesaid; which
shall be a warrant for the register to record the same:
Which conveyance
so recorded shall be good and effectual in law,
notwithstanding
any other conveyance, deed or lease for the said land,
house or houses,
or for any part thereof; altho' dated before the
conveyance, deed
or lease, recorded as aforesaid: And the said register
shall do all
other thing or things that we by our instructions shall
direct, and the governor,
council and general assembly shall ordain, for
the good and
welfare of the said province.
4. Item. That the
surveyor general that we have chosen or shall choose, (we
failing that the
governor shall choose) shall have power by himself or
deputy, to
survey, lay out and bound all such lands as shall be granted
from the lords to
the planters; and all other lands within the said
province, which
may concern particular men, as he shall be desired to do,
and a particular
account thereof certify to the register, to be recorded
as aforesaid.
Provided, that if the said register and surveyor, or either
of them, shall
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 employments, it
shall be lawful
for them so to do, until further orders from us.
5. Item. That the
governor, councillors, assembly men, secretary,
surveyor, 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 endeavour 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,
favour or affection; and the names of all that have sworn or
subscribed, to be
entered in 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 or
broken their
oaths.
6. Item. That all
persons that are or shall become subjects of the king of
England, and
swear or subscribe allegiance to the king, and faithfulness
to the lords, shall
be admitted to plant, and become freemen of the said
province, and
enjoy the freedoms and immunities hereafter expressd, until
some stop or
contradiction be made by us the lords, or else the governor,
council aad
assembly; which shall be in force until the lords see cause to
the contrary:
Provided, that such stop shall not any ways prejudice the
right or
continuance of any person that have been received before such
stop or orders
come from the general assembly.
7. Item. That no
person qualified as aforesaid, within the said province,
at any time shall
be any ways molested, punished, disquieted or called in
question, for any
difference in opinion or practice in matters of
religious
conceruments, who do not actually disturb the civil peace of the
said province;
but that all and every such person and persons, may, from
time to time, and
at all times, freely and fully have and enjoy his and
their judgments
and consciences, in matters of religion, throughout the
said province,
they behaving themselves peaceably and quietly, and not
using this
liberty to licentiousness, nor to the civil injury or outward
disturbance of
others; any law, statute or clause contained, or to be
contained, usage
or custom of this realm of England, to the contrary
thereof in any
wise notwithstanding.
8. Item. That no
pretence may be taken by our heirs or assigns, for or by
reason of our
right of patronage and power of advouson granted by his
majesty's letters
patents, unto his royal highness James duke of York, and
by his said royal
highness unto us, thereby to infringe the general cause
of liberty of
conscience aforementioned: We do hereby grant unto the
general assembly
of the said province, power by act, 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.
9. Item. That the
inhabitants being freemen, or chief agents to others of
the province
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) sealed 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,
ordinances 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
districtions
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
free-holders 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 asaembly of the said province; the
governor or his
deputy 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 the third part ot 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 necessary 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
conscience abovementioned; 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
limitation, 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 belonging to each court, with their respective
salaries, fees,
and perquisites, their appellations 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 monies
or goods upon all lands (except such as belong to us the
lord proprietors
before settling) or persons within the several precincts,
hundreds,
parishes, manors, or whatsoever 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 publick
charge of the
said government and for the mutual safety, defence, and
security of the
said province.
Fifthly. By act
as aforesaid, to erect within the said province, such and
so many manors,
with their necessary courts, jurisdictions, freedoms and
privileges, as to
them shall seem meet and convenient; as also to divide
the said province
into hundreds, parishes, tribes, or such other divisions
and districtions
as they shall think fit, and the said divisions, to
distinguish by
what names we shall order or direct, and in default
thereof; by such
names as they please; as also in the said province to
create and
appoint such and so many ports harbours, creeks and other
places, for the
convenient loading and unloading of goods and merchandize,
out of ships,
boats and other vessels, as shall be expedient with such
jurisdictions,
privileges and franchises, to such ports &c. belonging, as
they shall judge
most conducing to the general good of the said plantation
or province.
Sixthly. By their
enacting, to be confirmed as aforesaid, 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 places of strength and defence, and them or any of
them, to
incorporate with such charters and privileges, as to them shall
seem good, and
the grant made unto us, will permit; and the same, or any
of them, to
fortify and furnish with such provisions and proportions of
ordnance, powder,
shot, armour, and all other weapons, ammunition and
habiliments of
war, both offensive and defensive, as shall be thought
necessary and
convenient for the safety and welfare of the said province;
but they may not
at any time demolish, dismantle, or disfurnish the same,
without the
consent of the governor and the major part of the council of
the said
province.
Seventhly. By act
as aforesaid, 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 or our commander in chief; or whom
he shall appoint.
Eighthly. By act
aforesaid, to give to all strangers, as to them shall
seem meet, a
naturalization, 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.
Ninthly. By act
as aforesaid, to prescribe the quantities of land which
shall be from
time to time allotted to every head, free or servant, male
or female, and to
make or ordain rules for the casting of lots for land,
and the laying
out of the same: Provided, that they do not in their
prescriptions,
exceed the several proportions which are hereby granted by
us, to all persons
arriving in the said province, or adventuring thither.
Tenthly. The
general assembly, by act as aforesaid, shall make provision
for the
maintenance and support of the governor, and for the defraying of
all necessary
charges of the government; as also 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 said
general assembly
shall prescribe some other way whereby the lords may have
their rents duly
collected, without charge or trouble to them.
Eleventhly, and
lastly. To enact, constitute and ordain, all such other
laws, acts and
constitutions, as shall or may be necessary for the good
prosperity and
settlement of the said province (excepting what by these
presents is
excepted) and conforming to the limitations herein exprest.
The governor is
with his council before expressed,
First. 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, or acting
contrary to their
trust, as the nature of their offences shall require.
Secondly. According
to the constitution of the general assembly, to
nominate and
commissionate 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. Provided, that they appoint none but such as are
freeholders in
the province aforesaid, unless the general assembly consent.
Thirdly.
According to the constitution of the general assembly, to appoint
courts and officers,
in cases criminal, and to impower 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.
Fourthly. To
place officers and soldiers for the safety, strength and
defence of the
forts, castles, cities, &c. according to the number
appointed by the
general assembly; to nominate, place and commissionate
all military
officers under the dignity of the said governor, who is
commissionated by
us, over the several train'd bands and companies,
constituted by
the general assembly, as colonels, captains, &c. and their
commissions to
revoke at pleasure: The governor, with the advice of his
council, unless
some present danger will not permit him, to advise to
muster and train
all forces within the said province, to prosecute war,
pursue an enemy,
suppress all rebellions and mutinies, as well by sea as
land; and to
exercise the whole militia, as fully as we by the grant from
his royal
highness can impower them to do: Provided, that they appoint no
military forces
but what are freeholders in the said province, unless the
general assembly
shall consent.
Fifthly. Where
they see cause, after condemnation, to reprieve, until the
case be
presented, with a copy of the whole trial, proceedings and proofs,
to the lords, who
will accordingly either pardon or command execution of
the sentence on
the offender; who is in mean time to be kept in safe
custody, 'till
the pleasure of the lords be known.
Sixthly. In case
of death or other removal of any of the representatives
within the year,
to issue summons, by writ, to the respective division or
divisions for which
he or they were chosen, commanding the freeholders of
the same to
choose others in their stead.
Seventhly. To
make warrants and seal grants of lands, according to those
our concessions
and the prescriptions by the advice of the general
assembly, in such
form as shall be at large set down in our instructions
to the governor,
in his commission, and which are hereafter expressed.
Eighthly. To act
and do all other things that may conduce to the safety,
peace and well
government of the said province, as they shall see fit; so
as they be not
contrary to the laws of the said province.
And for the
better security of all the inhabitants in the said province.
First. They are
not to impose, nor suffer to be imposed, any tax, custom,
subsidy, tallage,
assessment, or any other duty whatsoever, upon any
colour or
pretence, upon the said province and inhabitants thereof; other
than what shall
be imposed by the authority and consent of the general
assembly, and
them only in manner as aforesaid.
Secondly. They
are to take care, that lands quietly held, planted and
possessed seven
years after its being duly surveyed by the surveyor
general, or his
order, shall not be subject to any review, re-survey or
alteration of
bounds, on what pretence soever, by any of us, or any
officer or
minister under us.
Thirdly. They are
to take care, that no man, if his cattle stray or range,
or graze, on any
ground within the said province, not actually
appropriated or
set out to particular persons, shall be liable to pay any
trespass for the
same, to us, our heirs, or executors. Provided, that
custom of commons
be not thereby pretended to, nor any person hindered
from taking up
and appropriating any lands so grazed upon, and that no
person do
purposely suffer his cattle to graze on such lands.
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-Caesaria, or New-Jersey, or shall transport
themselves or
servants before the first of day 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
bandaliers and matches 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 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 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.
Thirdly, Item. To
every free man 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, 90 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.
Fifthly, Item. To
every free man and free woman, armed and provided as
aforesaid, that shall
go and arrive with an intention to plant, within the
third year, from
January 1666, to January 1667, armed and provided as
aforesaid, three
score acres of land of like measure; and for every able
man servant, that
he or they shall carry or send within the said time,
armed and
provided as aforesaid, the like quantity of three score acres of
land; and for
every weaker servant or slave, aged as aforesaid, that he or
they shall carry
or send within the third year, thirty acres of land; and
to every christian
servant so carried or sent in the third year, thirty
acres of land of
like measure, after the expiration of their time of
service. All
which land, and all other that shall be possessed in the said
province, are to
be held on the same terms and conditions as is before
mentioned, and as
hereafter in the following paragraphs is more at large
expressed.
Provided always, that the before mentioned land and all other
whatsoever, that
shall be taken up and so settled in the said province,
shall afterward
from time to time for the space of thirteen years, from
the date hereof;
be held upon the conditions aforesaid, continuing one
able man servant
or two such weaker servants as aforesaid, on every
hundred acres a
master or mistress shall possess, besides what was granted
for his or her
own person; in failure of which, upon other disposure to
the present
occupant, or his assigns, there shall be three years giving to
such for their
compleating the said number of persons, or for their sale
or dispositions
of such part of their lands, as are not so peopled within
such time of
three years: If any such person holding any land, shall fail,
by himself his
agents, executors or assigns, or some other way to provide
such number of
persons, unless the general assembly shall without respect
to poverty, judge
it was impossible for the party so failing, to keep or
procure his or
her number of servants to be provided for as aforesaid; in
such case, we the
lords to have power of disposing of so much of such land
as shall not be planted
with its due number of persons as aforesaid, to
some others that
will plant the same. Provided always, that no person
arriving in the
said province, with purpose to settle (they being subjects
or naturalized as
aforesaid) be denied a grant of such proportions of
land, as at the
time of their arrival there are due to themselves or
servants, by
concession from us as aforesaid; but have full licence to
take up and
settle the same, in such order and manner as is granted or
prescrib'd. All
lands (notwithstanding the powers in the assembly
aforesaid) shall
be taken up by warrant from the governor, and confirmed
by the governor
and council, under a seal to be provided for that purpose,
in such order and
method, as shall be set down in this declaration, and
more at large in
the instruction to the governors and council.
And that the
lands may be the more regularly laid out, and all persons the
better
ascertained of their titles and possession.
First. The
governor and council and general assembly, (if any be) are 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-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 us, our heirs
and assigns; the remainder to persons as they come to
plant the same,
in such proportions as is allowed.
Secondly, Item.
That the governor, or whom he shall depute, in case of
death or absence,
if some be not before commissionated by us as aforesaid,
to give to every
person to whom land is due, a warrant, 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
[intentional space here] acres of land, (as his due proportion) is
for such a
person, in such allotment, according to the warrant; the
register having
first recorded the same, and attested the record upon the
warrant: The surveyor
general, or his deputy, shall proceed and certify to
the chief
secretary or register, the name of the person for whom he hath
laid out land, by
virtue of what authority, the date of the authority or
warrant, the
number of acres, the bounds, and on what point of compass the
several limits
thereof lye; which certificate the register is likewise to
enter in a book
to be prepared for that purpose, with an alphabetical
table, referring
to the book, that so the certificate may be the easier
found; and then
to file the certificates, and the same to keep safely: The
certificate being
entered, a warrant comprehending all the particulars
of land mentioned
in the certificate aforesaid, is to be signed and sealed
by him and his
council, or the major part of them as aforesaid, they
having seen the
entry, and directed to the register or chief secretary,
for his preparing
a grant of the land to the party for whom it is laid
out; which grant
shall be in the form following, viz.
"The lords
proprietors of the province of New-Caesaria, or New-Jersey, do
hereby grant unto
A. B. of the [town, settlement, etc.] in the province
aforesaid, a
plantation, containing [specific number of] acres, English
measure; bounding
as in the certificate, to hold to him or her, his or her
heirs and assigns
for ever, yielding and paying yearly unto the said lords
proprietors,
their heirs or assigns, every twenty fifth day of March,
according to the
English accompt, one half penny of lawful money of
England, for
every of the said acres, to be holder, as of the manor of
East Greenwich,
in free and common socage, the first payment of which
rents to begin
the 25th day of March, which shall be in the year of our
lord 1670,
according to the English accompt. Given under the seal of the
said province,
the [number] day [of named month] in the year of our lord
166[ ]."
To which
instrument the governor or his deputy, hath hereby full power to
put the seal of
the said province, and to subscribe his name; as also the
council, or major
part of them, are to subscribe their names, and then the
instrument or
grant is to be by the register recorded in the book of
records for that
purpose; all which being done according to these
instructions, we
hereby declare, that the same shall be effectual in law,
for the enjoyment
of the said plantation, and all the benefits and profits
of and in the
same, (except the half part of mines of gold and silver,)
paying the rent
as aforesaid: Provided, that if any plantation so granted,
shall by the
space of three years, be neglected to be planted with a
sufficient number
of servants as is before mentioned, that then it shall
and may be lawful
for us otherwise to dispose thereof, in whole or in
part, this grant
notwithstanding.
Thirdly, Item. We
do also grant convenient proportions of land for
highways and
streets, not exceeding one hundred feet in breadth in cities,
towns and
villages, &c. and for churches, forts, wharffs, keys, harbours,
and for publick
houses, and to each parish for the use of their ministers,
two hundred
acres, in such places as the general assembly shall appoint.
Fourthly, Item.
The governor is to take notice, that all such lands laid
out for the uses
and purposes aforesaid, in the next preceding article,
shall be free and
exempt from all rents, taxes and other charges and
duties
whatsoever, payable to us, our heirs or assigns.
Fifthly, Item.
That in laying out lands for cities, towns, villages,
boroughs, or
other hamlets, the said lands be divided into seven parts,
one seventh part whereof
to be by lot laid out for us, and the rest to be
divided to such
as shall be willing to build thereon, they paying after
the rate of one
penny or half penny per acre, (according to the value of
the land) yearly
to us, as for their other lands as aforesaid; which said
lands in the
cities and towns, &c. is to be assured to each possessor by
the same way and
instrument, as is before mentioned.
Sixthly, Item.
That all rules relating to the building of each street, or
quantity of
ground to be allotted to each house within the said respective
cities, boroughs
and towns, be wholy left, by act as aforesaid, to the
wisdom and
discretion of the general assembly.
Seventhly, Item.
That the inhabitants of the said province have free
passage thro' 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.
Eighthly and
lastly. It shall be lawful for the representatives of the
freeholders, to
make any address to the lords, touching the governor or
council, or any
of them, or concerning any grievance whatsoever, or for
any other thing
they shall desire, without the consent of the governor and
council, or any
of them. Given under our seal of our said province, the
10th day of
February, in the year of our lord 1664.
BERKELEY,
G. CARTERET.
NUMBER II.
The concessions
and agreements of the proprietors, freeholders and
inhabitants of
the province of West New-Jersey, in America [1676].
CHAP. I.
We do consent and
agree as the best present expedient, that such persons as
shall be from
time to time deputed, nominated and appointed commissioners
by the present
proprietors, or the major part of them, by writing under
their hands and
seals, shall be commissioners for the time being, and have
power to order
and manage the estate and affairs of the said province of
West New-Jersey,
according to these our concessions hereafter following,
and to depute
others in their place and authority in case of death or
removal, and to
continue until some other persons be deputed, nominated
and appointed by
the said proprietors or the major part of them, to
succeed them in
that office and service. And the commissioners for the
time being, are
to take care, for setting forth and dividing all the lands
of the said
province as be already taken up, or by themselves shall be
taken up and
contracted for with the natives; and the said lands so taken
up and contracted
for, to divide into one hundred parts, as occasion shall
require; that is
to say, for every quantity of land that they shall from
time to time lay
out to be planted and settled upon, they shall first, for
expedition,
divide the same into ten eqial parts or shares, and for
distinction sake,
to mark in the register, and upon some of the trees
belonging to
every tenth part, with the letters A. B. and so end at the
letter K. And
after the same is so divided and marked, the said
commissioners are
to grant unto Thomas Hutchinson, of Beverly, Thomas
Pearson, of Bonwicke,
Joseph Helmsly, of Great Kelke, George Hutchinson,
of Sheffield, and
Mahlon Stacy, of Hansworth, all of the county of York,
or their lawful
deputies, or particular commissioners, for themselves and
their friends, who
are a considerable number of people, and many speedily
promote the
planting of the said province.
That they may
have free liberty to make choice of any one of the said
tenth parts or
shares, which shall be first divided and set out, being
also done with
their consent, that they may plant upon the same as they
see meet; and
afterward any other person or persons who shall go over to
inhabit, and have
purchased to the number of ten proprieties, they shall
and may have
liberty to make choice of any of the remaining parts or
shares to settle
in: And all other proprietors who shall go over to settle
as aforesaid, and
cannot make up amongst them the number of ten
proprietors; yet
nevertheless, they shall and may have liberty to make
choice of
settling in any of the said tenth shares, that shall not be
taken up before:
And the commissioners have hereby power to see the said
one tenth part,
that they shall so mnke choice of, laid out and divided
into ten
proprieties, and to allot them so many proprieties out of the
same as they have
order for; and the said commissioners are to follow
these rules,
until they receive contrary order from the major part of the
proprietors,
under their hands and seals.
The said
commissioners for the time being, have hereby power for appointing
and setting out
fit places for towns, and to limit the boundaries thereof;
and to take care
they be as regular built as the present occasion, time,
and conveniency
of the places will admit of. And that all towns to be
erected and
built, shall be with the consent of the commissioners for the
time being, or
the major part of them. And further, the said commissioners
are to order the
affairs of the said province, according to these
concessions, and
any other instructions that shall be given them by the
major part of the
proprietors, until such time as more or other
commissioners
shall be chosen by the inhabitants of West-Jersey, as here
in these
concessions is mentioned and appointed.
And it is further
expressly provided and agreed to, that whereas there is a
contract or
agreement granted by William Penn, Gawen Lawrie and Nicholas
Lucas, unto
Thomas Hutchinson, Thomas Pearson, Joseph Helmsly, George
Hutchinson and
Mahlon Stacy, dated the second day of the month called
March, 1676,
instant, wherein they grant unto the said persons, certain
privileges for a
town to be built, whereby they have liberty to choose
their own
magistrates and officers for executing the laws according to the
concessions
within the said town; which said contract or agreement is to
be held firm and
good to all intents and purposes, and we do by these our
concessions
confirm the same.
CHAP. II.
And that all and
every person and persons, may enjoy his and their just and
equal propriety
and purchase of lands, in the said province; it is hereby
agreed, concluded
and ordained, that the surveyor or surveyors, that the
said proprietors
have deputed and appointed, or shall depute and appoint;
they failing,
that the commissioners shall depute and appoint, or that the