their Airs or Assignes every five and twenty day of March the English accompt of _____ Lawfull money of England for every of the said Acres to be holden of the Manner of _____ in free and Common Soccadge The first payment of which Rent to begine the five and twenty day of March which shall be in the year of our Lord one Thousand Six hundreth and seventy according to the English accompts Given under the Seal of the said province the _____ day of _____ In the year of our Lord 1666. 2ly To which Instrument the Governour or his Deputie hath hereby full power to put the Seal of the said Province and to Subscribe his name also the Council or Major part of them and subscribe their names And then the Instrument or grant is to be by the Register recorded in a book of records for that purpose All which being done according to the Instructions We hereby declare the same shall be effectual in Law for enjoyment of the saids Plantations and of 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 3 years be neglected to be planted with a Sufficient number of Servants as is before mentioned That then it shall and may be Lawfull for us otherwayes to dispose thereof in whole or in part this grant notwithstanding 2ly Item We do also grant convenient Proportions of Land for Highwayes and Streets not exceeding one hundreth foot in breadth Cities Towns and Villages c. And for Churches Forts Wharfes Keys Harbours and for publict houses and to each parish for the use of their Ministers two hundreth acres in such as the Generall Assemblie shall appoint 4ly Item The Governour is to take notice that all such Lands laid out for the uses and purposes aforesaid in the next proceeding Articles shall be free and exempt from all Rents Taxes and other charges and duties whatsoever payable to us our Aires and Assignes 5ly Item That in laying out of Lands for Cities Towns Villages Burghs or others Hamiletts The said Land be devided into 7 parts one seventh part whereof to be Laid out by Lott for us and the rest to be devided to such as shal be willing to build thereon they paying after the rate of one pennie or half pennie per Acre according to the value of the Land yearly to us As for their other Lands aforesaid which said Lands in Cities and Towns c. is to be assured to each Possessor by the same way and Instrument as is before mentioned That all rules relating to the building of each street or quantitie or ground to be alloted to each house within the said respective Cities Burghs and Towns be wholly lâ—ft by Act as aforesaid to the Wisdom and discretion of the Generall Assemblie 6ly Item That the Inhabitants of the said Province have free Passage through or by any Seas bounds Creeks Rivers 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 7ly Lastly It shall be lawfull for the Representative of the Free-holders to make any address to the Lords touching the Governour or Council or any of them or concerning any grievance whatsoever or for ny other thing they shall desire without the Consent of the Governour and Council or any of them Given under our Seal of our said Province the tenth day of January In the year of our Lord one Thousand six hundreth sixty and four John Barclay G. Cartwright By this Constitution of Government by the Lord Barclay and Sir George Cartwright such provision is made both for Liberty of Religion and Property that the Province hath been considerably peopled many resorting thither from the Neighboring Collonies beside what have gone from England and this Kingdom within this few years so that the planters are able to muster 600 well Armed Men. The Proprietors have framed a new Schem of Government which is not yet fully concluded on but it is intended rather to be an enlarging than an abbreviating of the former and making more easie and advantagious for the Inhabitants the chief parts of it are That the 24. Proprietors shall chuse a Governour 16. of them has a Conclusive Vote in it after the death of him now chosen he shall continue but for 3 years and be lyable to the Censure of the Proprietors and great Council and punishable if he transgress There is a great Council to meet once a year and sit if they see meet for three Moneths consisting of the 24. Proprietors and 28. chosen by the Planters and Inhabitants two thirds Conclude the one half of the Proprietors assenting and no money can be raised or Law made to touch any mans Libertie or Property but by this Council There is a Common Council to sit constantly Consisting of the 24. Proprietors or their Proxies and nine chosen out of the Representative of the Planters in all 33. to be divided into three Commities 11. to each one for the Publick Policie One for the Treasurie and Trade and one for Plantations To aviod Lording over one another No Man can purchase above the 24th part of the Countrey And on the other hand least any should squander away their Interest â—nd yet retain the character of the Government that belongs to Property and thence be capable to betray it as not being bound by Interest there must be a suteable quantity retained otherwise the Title in the Government extinguishes in him and passes to another to be Elected by the Proprietors that Dominion may follow Property and the inconveniency of a Beggarly Nobility and Gentry may be avoided No man can be judged in any cause either Civil or Criminal but by a Jury of his Peers and to avoyid in that all Caballing the names of all the County or Neighbourhood Capable to be Chosen are to be write in little pieces of Parchement and the number of the Jury to be taken out by a Child under 10. years of age And the Proprietors as well as others are to be lyable to the like tryall and not under any Exception Libertie in matters of Religion is established in the fullest manner To be a Planter or Inhabitant nothing is more required but the acknowledging of One Almighty GOD and to have a Share in the Government A simple profession of faith of Jesus Christ without descending into any other of the differences among Christians only that Religion may not be a cloak for disturbance who ever comes into the Magistrature must declare they hold not themselves in conscience obliged for Religions sake to make an alteration or to endeavour to turn out their partners in the Government because they differ in Opinion from them and this is no more then to follow that great Rule To do as they would be done by These are the Fundamentals which are
not alterable by any Act of the great Council as other things by the voices of 2 thirds but only by an universal agreement so it is hoped that this hint will satisfie all sober and understanding people what Encouragement such a Government may give For Husband-men that hes a Stock able to transport themselves and Families with a few Servants and to have but a 100. pound Scots or a 100. Merks more to carry over in Commodities they shall have upon their arrivall 100 Acres of good ground measured out to them or above not exceeding 500. Acres And for their encouragement shall for the first 7. years pay nothing and then have what they please not under 100. nor exceeding 500. Acres confirmed to them and their heirs for ever paying half a Crown an Acre never to be raised upon them And for the Charge of the first year they may easily Calculate carrying over as much Oat-meal as will serve them Bread and the fraught will be inconsiderable and they will get flesh enough in the Countrey for killing without charge and will be able to clear more ground the first winter then will double serve their Families after the first harvest so that they will only have to buy with the Commodities they carry over with them Seed and Beasts The Charge of transportation is for every Man or Woman 5. lib. starling passage and intertainment for children under 10. years of age 50. shilling and Sucking children nothing 40. shillings for the tunn of goods and often under The Voyage is judged lesse Sea hazard then either to Holland or London and if there be any tollerable winds it is easily made in 6. weeks There went a ship last harvest to West Jersey from the Road of Aberden and they came to Delaware-River-mouth in 8. weeks though they had great Calmes and of betwixt 30. and 40. Passengers that went out of Aberdeen several women and children not above 4. of them had been at Sea before not one dyed nor was sick by the way For Ordinary servants who are willing to go over after 4. Years service from the time of there arryvall there during which time they shall be well entertained in meat and cloathing they shall have set out to each 25. Acres to them and theirs for ever paying 2. pence an Acre as much Corn as will sow an Acre and a Sute of now cloaths Now Considering that there is 5. pound Sterling payed for their Passage this is good termes and that after the terme of their Service is expired they will gain more in one year there then they can do in two at home towards the gaining of a Stock to their land and it may be easily conceived that they will be well treated by their Masters since it is their Interest to do so there more then here for that they would be Considerable Losers either by their Death or sicknesse being out so great an advance for them if by any hard-ship they shall be disabled to serve out their times All Sorts of Tradesmen may make a brave Livelyhood there such as Carpenters Ship-wrights Rope-makers Smiths Brick-makers Taylors Tanners Cowpers Mill-wrights Joyners Shooe-makers c. and any such like who are willing to go serve the four years not having to transport themselves shall in consideration of their Trade have after the expiring of their Service 30. Acres 2. pence the Acre as much Corn as well sow 2. Acres a cow and a Sow And for the incouragement of any such Trasdmen who are willing to go over and transport themselves they shall have the like quantitie of Land at the same rent and the Proprietors will oblidge themselves to find them work for a year after their arryval at as good Rates as they can have here untill they furnish themselves with some Stock to make better advantage upon the Place We will not encourage any to go there in expectation of Gold and Silver mines yea tho there were such in the Countrey we should not be curious nor industrous to seek them out being besides the Toyl and Labour but occasions envy and Emulation Nor yet is their Suggar or Indigo there or Cotton nor any store of Tobacco tho it grows there very well But We consider it not our interest to imploy much ground on it The Riches of this Countrey Consists in that which is most Substantial and necessar for the use of men to wit Plenty of Corn and Cattle and they have besides Vines and Fruits in abundance as before has been said so that who dwell here need not to be oblidged to any other Plantation for any thing necessar for Life and all other Plantations are beholden to them for necessaries without which their other Curiosities would little avail them This with the Province of New-York being the Granary or Store-house of the West-Indies without which Barbadoes and the Leewards Islands could not subsist Yea New-England is forced to come there every year for Corn this with the advantage of Fishery being considered will easily induce Sober and industrious People to prefer a Plantation here to most other places The Duke of Yorks grant of East-New-Jersey to the twenty four Proprietors THis Indenture made the fourteenth day of March in the five and thirtieth year of the Reign of our Soveraign Lord CHARLES the Second by the Grace of GOD of â—ngland Scotland France and Ireland King Defender of the Faith c. Anno Domini 1682. between His Royal Highness the most Illustrious Prince James Duke of York and Albany Earl of Ulster c. only Brother to our Soveraign Lord the King of the one part And the Right Honourable James Earl of Perth of the Kingdom of Scotland the right Honourable John Drummond of Lundin Scotland Esquire Robert Barclay of Urie in the Kingdom of Scotland Esquire on the other part c. Whereas our said Soveraign Lord the Kings Majestie in and by Letters Patent under the Great Seal of England bearing date the twelfth day of March in the sixteenth year of His said Majesties Reign did amongst several other things therein mentioned Give and Grant unto His Royal Highnes James Duke of York his Heirs and Assignies all that tract of land adjacent to New-England in the parts of America and lying and being to the Westward of Long-Island and Manhattas Island and bounded on the East part by the Main Sea and part by Hudsons River and extendeth Southward to the Main Ocean as far as Cape May at the mouth of Delawar Bay and to the Northward as far as the Northern-most branch of the said Bay or River of Delawar Which is one and fourtie Degrees and fourty Minuts of Latitude and crosing over thence in a straight line to Hudsons River in one and fourty Degrees of Latitude Which said tract of Land was then after to be called by the name of New-Cesaria or New-Jersey with all the Lands Islands Soylls Rivers Harbours Mynnes Minerals Quareries Woods Marishes Waters Lakes Fishings Hauckings Huntings and
Christian Servant exceeding the age aforesaid after the expiration of their time of service 75. Acres of Land for their own uses 2ly Item To every Master or Mistris that go before the first day of January which shall be in the years of our Lord 1665. One hundreth and twenty acres of Land and for every able man servant that he or she shall carrie or send Armed and proâ—yded as aforesaid and arryving within the time aforesaid the like quantity of 120 Acres of and. And for every weaker Servant or slave male or female exceeding the age of 14. years arryving there 60 acres of Land and to every Christian servant to their own use and behoof 60 acres of Land 3ly Item To every Free-man or ree-woman that shall arryve in the said Province armed and provyded as a aforesaid within the second year from the first day of January 1665 to the first day oâ— January 1666. with an intention to plâ—nt 90. acres of Land English measure and for every able man servant that â—he or she shall carrie or send armed and provided as aforesaid 90 acres of Land of like measure 4ly Item For every weaker servant or Slave aged as aforesaid that shall be so carried or sent thither within the second year aforesaid 45 acres of Land of like measure And to every Christian Servant that shall arrive thâ— second year 45 acres of Land of like measure after the expiration of his or their time or service for their own use and behoove 5ly Item To every freeman and free woman armed and provided as aforesaid That shall go and adventure with an intent to plant within the third year from January 1666 To January 1667 60 Acres of Land of like measure And for every able man-servant â—hat he or they shall carrie or send over within the said time Armed and provided as aforesaid the like quantity of 60. Acres of Land And for every weaker Servant or Slave aged as aforesaid that he or they shall carrie or send within the third year 30. Acres of Land and to every Christian Servant so carried or sent thirty 30. Acres of land of like measure after the expiration of his or their time of service All which land and all other that shall be possessed in the said Province are to be held on the said Terms and Conditions as is beforementioned and as hereafter in the following Paragraphs is more at large exprest Provided alwayes that the forementioned land and all other whatsoever that shall be taken up and so settled in the said Province shall afterwards from time to time for the space of 13. years from the date hereof be held upon the conditions aforesaid containing one able man servant or two such weaker servants as aforesaid on every 100 acres a Master or Mistress shall possesse besides what was granted for his or her own person In failÈie of which on notification to the pâ—esâ—nt occupant or his assignies there shall be 3 years given to such for their compleating the said number of persons or for their sale or other disposure of such part of their Lands as are not so peopled within which time of three years if any persone holding any Lands shall fail by himself his agents executors and assignies or some other way to provide such number of persons unless the General Assembly shall without respect of partie Judge it was impossible for the party so failing to keep or procure his or her number of servants to to be provided as aforesaid In such case we the Lords to have power of disposing of somuch of such lands as shal not be planted with its due number of persons as aforsaid to some other that will plant the same Provided alwayes that no persons arryving into the said province with purpose to settle they being Subjects or naturalized as aforesaid be denyed a grant of such proportions of Land as at the time of ther arryvall 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 and prescribed All Lands notwithstanding the powers in the Assemblies aforesaid shall be taken up by warrand 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 shal be set down in this declaration and more at large in the Instructions to the Governor And that the Lands may be the more regularly laid out and all persons be better ascertained of their titles and possessions 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 then Two thousand one hundreth acres no more then twenty one thousand acres in each Lot Excepting Cities Towns c. And near Lots of Township and that the same be divided into seven parts one seventh part by Lot to us our Heirs and Assignies The remander to persons as they shall come to plant is such proportions as is allowed 2ly Item That the Governour or whom he shall depute in case of Death or absence if some one be not before Commissionated by us as aforsaid doe 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 generall or his Deputie Commanding him to Lay out Limit and bound Acres of Land as his due proportion for such a person in such Alottment according to the warrand The Register having first recorded the same and attested the record upon the warrand The Surveyor Generall or his Deputie shall proceed and certifie to the Chief Secretary the name of the person for whom he hath Laid out Land By vertue of what Authority and the date of the Authority or warrand the number of Acres the bounds and on what point of the Compass the severall Limits thereof Lye which certificate the Register is likewayes to enter in a book to be prepared for that purpose with ane Alphabetical table referring to the book that so the certificat may be the easier found and then to fill the certificats and the same to keep Safelie The certificat being entered a warrand comprehending all the particulars of Land mentioned in the Certificat aforesaid is to be signed by him and his Council or the Major part of them as aforesaid they having seen the entrie and direction to the Register or Chief Secretarie for his preparing a grant of the Land to the partie to whom it was laid out which grant shall be in the form following viz. 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 bounding as in the certificat To be holden to him or her his or her Airs and Assignes for ever Yeelding and paying yearly unto the saids Lords proprietors