On February 10, 1664, the proprietors of East New Jersey signed a constitution, which they made public under the title of “The Concessions and agreement of the Lords Proprietors of the Province of New Cesarea or New Jersey, to and with all and every [of] the adventurers, and all such as shall settle or plant there.” Taken from, Archives of the State of New Jersey. First Series, volume 1.
Part I
The CONCESSIONS and Agreement of the Lords Propriators of the Province of New Cesarea or New Jersey to and with all and every the Adventurers and all such as shall settle or plant there.
IMPRIMIS wee doe consent and agree That the Governor of the said Province hath Power by the advice of his Councell to Depute one in his place and Authority in case of death or removall, To continue untill our further order unless wee have Com’issionated one before.
ITEM that he hath (likewise) power to make choice of and to take to him six Councellors 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 foure of a greater number (all being sum’oned) hee is to governe according to the limitac’ons and instructions following during our pleasure.
ITEM that a Cheife Secretary or Register which wee have chosen or shall choose (wee failing that hee shall chuse) shall keep exact entries in faire bookes of all publique affaires, And to avoid deceipts and Law Suites shall record and enter All graunts of Land from the Lords to the Planters, and all Conveyances of Land house or houses from man to man As alsoe all Leases for Land house or houses made or to be made by the Landlord to any Tenant for more than one yeare, 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 cheife Judge of a Court for the time being, who shall under his hand upon the backside of the said Deed or Lease Attest the acknowledgment or proofe as aforesaid which shalbe a Warrant for the Register to record the same, which Conveyance or Lease soe recorded shalbe good and effectual in Law notwithstanding any other Conveyance Deed or Lease for the said Land house or houses or for any part thereof, although dated before the Conveyance Deed or Deeds or Lease soe Recorded as aforesaid. And the said Register shall doe all other thing or things that wee by our instrucc’ons shall direct, and the Governor Councell and assembly shall ordeine for the good and welfare of the said Province.
ITEM That the Surveyor Generall that wee have chosen or shall choose (wee failing that the Governor shall chose) shall have power by himselfe or Deputy to Survey lay our and bound all such Lands as shall be graunted from the Lords to the Planters, and all other Land within the said Province which may concerne particular men as hee shalbe desired to doe, And a perticular thereof Certifie 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 Councell or Deputie Governor and Councell or the major part of them shall find it reasonable to suspend their Actings in their respective imployments it shall be lawfull for them soe to doe, untill further order from us.
ITEM That the Governor Councellors Assembly men Secretary Surveyor and all other Officers of Trust shall sweare or subscribe (in a book to bee provided for that purpose ) That they will beare true Allegiance to the King of England his heires and successors and that they will be faithfull to the interest of the Lords Propriaters of the said Province and their heires executors and assignes And endeavor the peace and welfare of the said Province And that they will truely and faithfully discharge their respective [trusts in their respective] Offices, and doe equall Justice to all men according to their best skill and Judgment without corrupcon favour or affeccon And the names of all that have sworne or subscribed to be entred in a Booke And whosoever shall subscribe and not sweare, and shall violate his promise in that subscripcon shall be liable to the same punishment that the persons are or may bee that have sworne and broken their Oathes.
ITEM That all persons that are or shall become subjects to the King of England and sweare or subscribe Allegiance to the King and faithfulness to the Lords shalbe admitted to Plant and become ffreeman of the said Province and enjoy the ffreedomes and Im’unities hereafter expressed untill some stopp or contradiction bee made by us the Lords or else the Governor Councell and Assemblie, which shalbe in force untill the Lords see cause to the contrary, Provided that such stopp shall not any way prejudice the right or continuance of any person that hath been received before such stopp or order come from the Lords or generall Assemblie.
ITEM That noe person qualified as aforesaid within the said Province at any time shalbe any waies molested punished disquieted or called in Question for any difference in opinion or practice in matters of Religious concernements, who doe not actually disturbe the civill peace of the said Province, but that all and every such person and persons may from time to time and at all times truly and fully have and enjoy his and their Judgments and Conciences in matters of Religion throughout all the said Province: They behaveing themselves peaceably and quietly and not using this liberty to Licentiousnes, nor to the civill injury or outward disturbance of others, any Law Statute or clause conteyned or to be conteined usage or custome of this Realme of England to the contrary thereof in any wise nothwithstanding.
ITEM That no pretence may be taken by us our heires or assignes for or by reason of our right of Patronage and power of Advowsen graunted by his Ma[ties} Letters Patents unto his Royall Highnes James Duke of Yorke, and by his said Royall Highnes unto us, thereby to infringe the generall clause of Libertie of Conscience aforement’oned WEE doe hereby graunt unto the Generall assembly of the said Province power by Act to Constitute and appoint such and soe many Ministers or Preachers as they shall think fitt, and to establish their maintenance, Giving liberty besides to any person or persons to keep and maintaine what Preachers or Ministers they please.
ITEM That the inhabitants being ffreemen or cheife Agents to others of the Province aforesaid doe as soone as this our Com’ission shall arrive by Virtue of a writt in our names by the Governor to be for the present (untill our Seale comes) sealed and signed make choice of Twelve Deputies or Representatives from amongst themselves who being chosen are to joine with the said Governor and Councell for the makeing of such Lawes Ordinances and Constitutions as shalbe necessary for the present good and welfare of the said Province, But so soone as Parishes Divisions Tribes or other distinctions are made That then the Inhabitants or ffreeholders of the severall and respective Parishes Tribes Devisions and distinctions aforesaid doe (by our writts under our seale which wee engage shall be in due time be issued) Annually meet on the first day of January and choose ffreeholders 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 Councell aforesaid bee the generall Assembly of the said Province, the Governor or his Deputy being present unless they shall wilfullee refuse, in which case they may appoint themselves a President dureing the absence of the Governor or his Deputy Governor.
Part II: Which assemblies are to have power
- To appoint their own times of meeting, and to adjorne their Sessions from time to time, to such times and places as they shall think convenient, As alsoe to ascertaine the number of their Quorum Provided that such numbers be not lesse than the third part of the whole in whome (or more) shall be the full power the generall Assembly viz’t.
- To enact and make all such Lawes Acts and Constitutions as shalbe necessarie for the well Government of the said Province, and them to repeale: Provided that the same be consonant to reason, and, as neere as may be conveniently agreeable to the Lawes and Customes of his Ma[ties] Kingdom of England Provided also that they be not against the interest of us the Lords Propriators our heires or assignes nor any of those our Concessions, especiallie that they be not repugnant to the Article for Libertie of Conscience abovemenc’oned Which Lawes &c. soe made shall receive Publicacon from the Governor and Councell (but as the Lawes of us and our generall Assembly) and be in force for the space of one yeare and noe more unles contradicted by the Lords Propriators within which time they are to bee presented to us our heires &c. for our Ratificacon, and being confirmed by us they shall be in continuall force till expired by their own limitation or by Act of Repeale in like manner to be passed as aforesaid and confirmed.
- By Act as aforesaid to constitute all Courts together with the Limitts powers and Jurisdictions of the same, as alsoe the severall Offices and number of Officers belonging to each Court, with their respective Sallaries ffees and perquisits, their appellac’ons and dignities, with the penalties that shall be due to them for the breach of their severall and respective duties and Trusts.
- By Act as aforesaid to lay equall taxes and assessments equally to raise moneys or goods upon all Lands (excepting the Lands of us the Lords Propriators before setling) or persons within the severall Precincts Hundreds Parishes, Manors or whatsoever other Divisions shall hereafter be made and established in the said Province as oft as necesity shall require and in such manner as to them shall seem most equall and easie for the said inhabitants in order to the better supporting of the publique charge of the said Goverment , and for the mutuall safetye defence and securitie of the said Province.
- By Act as aforesaid to erect within the said Province such and soe many Manors with their necessarie Courts Jurisdictions ffreedoms and Priviledges as to them shall seem meet and convenient, as alsoe to devide the said Province into Hundreds Tribes Parishes or such other Divisions or distinctions as they shall think fitt, and the said Divisions to distinguish by what names wee shall order or direct, And in default thereof by such names as they please, As alsoe within the said Province to create and appoint such and soe many Ports Harbors Creekes and other places for the convenient lading and unlading of goods and Merchandizes out of Shipps Boates and other vessells as shalbe expedient, with such Jurisdictions priviledges and ffranchises to such Ports &c belonging as they shall judge most conducing to the generall good of the said Plantac’ons or Province.
- By their Enacting to be confirmed as aforesaid to erect raise and build within the said Province or any part thereof such and soe many fforts ffortresses Castles Citties, Corporat’ons Burroughs, Towns, Villages, and other places of Strength and defence, and them or any of them to incorporate with such Charters and Priviledges as to them shall seem good and the Grant made unto us will permitt, and the same or any of them to ffortifie and furnish with such Provisions and proporc’ons of Ordinance powder shott Armour and all other weapons Amunition and Habiliments of Warr both offensive and deffensive 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 Councell of the said Province.
- By Act as aforesaid to constitute Trained bands and companies with the number of Soldiers for the safety strength and defense of the said Province; and of the fforts Castles Citties &c. to suppresse all Mutinies and Rebellions, To make Warr Offensive and Defensive with all Indians Strangers and ffoureigners, as they shall see cause; And to pursue an Enemye by Sea as well as by Land if need be out of the limitts and Jurisdictions of the said Province, with the perticuler consent of the Governor or under his conduct or of our Com’ander in chiefe, or whom he shall appoint.
- By Act as aforesaid to give unto all Strangers as to them shall seem meet A naturalization, and all such freedomes and priviledges within the said Province as to his Ma[ties] subjects doe of right belong they Swearing or subscribeing as aforesaid Which said Strangers soe naturalized and priviledged shall be in all respects accompted in the said Province as the Kings naturall subjects.
- 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 ffemale, and to make and ordeine rules for the casting of lotts for Land and the laying out of the same, Provided they doe not in their prescripc’ons exceed the severall proporc’ons which are hereby graunted by us to all persons arriving in the said Province or Adventuring thither.
- The generally Assembly by Act as aforesaid shall make provision for the maintenance and support of the Governor, and for the defrayeing all necessarie charges of the Government As alsoe 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, unles the said generall assembly shall prescribe some other way whereby the Lords may have their Rents duely collected without charge or trouble to them.
- Lastlie to enact constitute and ordeine all such other Lawes Acts and Constituc’ons as shall or may be necessary for the good property and settlement of the said Province (excepting what by these presents is excepted And conforming to the limitac’ons herein exprest.
Part III: THE GOVERNOR with his Councell before exprest is,
i. To see that all Courts established by the Lawes of the Generall Assembly and all Ministers and Officers civill and military doe and execute their severall Duties and Offices respectively according to the Lawes in force, and to punish them for Swerving from the Lawes or Acting contrary to their Trust, as the nature of their offence shall require.
ij. According to the Constituc’ons of the generall Assembly to nominate and Com’issionate the severall Judges members and officers of Courts, whether Majistraticall or Ministeriall and all other civill Officers Coroners [&c.} and their Com’issions powers and authorities to revoke at pleasure Provided that they appoint none but such as are ffreeholders in the Province aforesaid unles the generall Assembly consent.
iij. According to the Constituc’ons of the generall Assembly to appoint Courts and Officers in Cases criminall, and to impower them to inflict penalties upon the offenders against any of the Lawes in force in the said Province, as the said Lawes shall ordeine, whither by ffine imprisonment, banishment corporall punishment or to the taking away of member or of life it selfe if there be cause for it.
iiij. To Place Officers and Soldiers for the safetie, strength, and defence of the fforts Castles Cities &c. according to the number appointed by the generall Assembly to nominate place and com’issionate all Military Officers under the dignitie of the said Governor who is Com’issionated by us over the severall Framed bands and Companies, Constituted by the generall Assembly as Colonels Captains &c. and their Com’issions to revoke at pleasure, the Governor with the advice of his Councell, unles some present danger will not permitt him to advise, to muster and traine all the forces within the said Province, to prosecute War pursue an Enemye, suppresse all Rebellions and Mutinies as well by Sea as by Land, and to exercise the whole Militia as fully as ever by the Graunt from his Royall Highnes can impower him or them to doe, Provided that they appoint noe military forces but what are ffreeholders in the said Province, unles the Generally Assembly shall consent.
v. Where they see cause after Condemnation to Repreive untill the Case be presented, with a coppie of the whole Tryall and proceedings and proofes to the Lords who will accordingly either pardon or com’and execucon of the sentence on the Offender who is in the meane time to be kept in safe custodie till the pleasure of the Lords be knowne.
vj. In case of death or other removall of any of the representatives within the yeare to issue Sum’ons by Writt to the respective Division or Divisions to which he or they were chosen com’anding the ffreeholders of the same to choose others in their stead.
vij. To make Warrants and to Seale grants of Lands according to these our Concessions and the prescripc’ons by the advice of the generall Assembly in such forme as shall be at large sett down in our Instrucc’ons to the Governor in his Com’ission, and which are hereafter exprest.
viij. To Act and doe all other thing or things that may conduce to the safetie peace and well Goverment of the said Province, as they shall see fitt, soe as they bee not contrary to the Lawes of the said Province.
Part IV: For the better security of the Propriators and all the Inhabitants
- They are not to impose nor suffer to be imposed any Taxe Custome Subsidie Talladge, Assessment, or any other duty whatsoever upon any colour or pretence upon the said Province and inhabitants thereof other then what shall be imposed by the Authority and consent of the generall Assembly and then only in manner as aforesaid.
- They are to take care that Land quietlie held planted and possessed seaven years after its being first duely Surveyed by the Surveyor Generall or his Order shall not be subject to any reveiw re-survey or alterac’on of bounds on what pretence soever by any of us or any officer or Minister under us.
- They are to take care that noe man if his Cattell Stray Range or Graze on any Ground within the said Province not actually appropriated or sett out to perticular persons shall be lyable to pay any Trespasse for the same to us our heires &c: Provided that Custome of Com’ons be not thereby pretended to; nor any person hindred from taking up and appropriating any Lands soe grased upon, And that noe person doe purposely suffer his Cattle to graze on such Lands.
Part V:
Part VI: And that the Lands may be more regularlie laid out..
i. The Governor and Councell (and Assembly if any be) are to take care and direct that all Lands be devided by Generall Lotts, none lesse than 2100 acres, nor more than 21000 Acres in each Lott, Excepting Citties Townes &c: and the near lotts of Townshipps, And that the same be devided into seaven parts one seaventh part by Lott to us our heires and assignes, the remainder to persons as they come to plant the same in such proporc’ons as is allowed.
ii. ITEM that the Governor, or whom he shall depute in case of Death, or absence, if some one be not before Com’issionated by us as aforesaid doe give to every person to whom Land is due, a Warrant Signed and sealed by himselfe, and the Major part of his Councell, and directed to the Surveyor Generall or his Deputie com’anding him to lay our Limitt and bound acres of land (as his due proporc’on is) for such a person in such Allottment, according to which Warrant the Register having first Recorded the same, and attested the record upon the Warrant, the Surveyor Generall or his Deputy shall proceed and certifie to the cheife Secretary or Register the name of the person for whom he hath laid out land by Virtue of what Authority, the date of the Authoritie or Warrant, the number of acres, the bounds, and on what point of the Compasse the severall limitts thereof lye, which Certificate the Register is likewise to enter in a booke to be prepared for that purpose with an Alphabeticall table referring to the booke, that soe the Certificate may bee the easier found, and then to file the Certificates and the same to keep safelye, The Certificate being entred a Warrant comprehending all the perticulers of the Land menc’oned in the Certificate aforesaid is to be signed and sealed by him and his Councell or the major part of them as aforesaid (they haveing seen the entry) and directed to the Register or cheife Secretary for his preparing a Graunt of the Land to the partie for whom it is laid out, which graunt shall bee in the forme following viz.
THE LORDS PROPRIATORS of the Province of New Cesaria or New Jersey doe hereby Graunt unto A B of the ……… in the Province aforesaid A plantation conteyning …….. acres English measure bounding (as in the Certificates) TO HOLD to him (or her) his (or her) heires and assignes for ever, Yeilding and paying yearly to the said Lord Propriators their heires or assignes every 25th day of March according to the English account, One halfe penny [or One penny] of lawfull money of England for every of the said acres. To be holden of the Manor of ………… in free and comon Soccage; the first payment of which Rent to begin the 25th day of March which shall be in the year of our Lord according to the English account 1670. Given under the seale of the said Province the _ day of in the yeare of our Lord 16_
iii. To which Instrument the Governor or his deputy hath hereby full power to put the Seale of the said Province and to subscribe his name as alsoe the Councell or the major part of them are to subscribe their names, And then the Instrument or Grant is to be by the Register recorded in a booke of Records for that purpose, All which being done according to those instrucc’ons Wee hereby declare that the same shall be effectuall in Law for the enjoyment of the said Plantation and all the benefitts and profitts of and in the same (except the halfe part of mines of Gold and Silver) paying the Rent as aforesaid, PROVIDED that if any Plantacon soe graunted shall by the space of Three yeares be neglected to be planted with a sufficient number of Servants as is before menc’oned That then it shall be lawfull for us otherwise to dispose thereof in whole or in part, this Grant notwithstanding.
iiii. ITEM wee doe alsoe graunt convenient proporc’ons of Land for highwaies and for Streets not exceeding 100 foote in bredth in Citties Town’s and Villages &c. for Churches fforts Wharfes Keyes Harbours and for publique houses, And to each Parish for the use of their Minister 200 acres in such places as the Generall Assembly shall appoint.
v. 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 heires or assignes.
vi. ITEM that in layeing out Lands for Citties Townes Villages Burroughs or other Hamletts, the said lands be devided into seaven parts, one seaventh part whereof to be by Lott laid out for us and the rest devided to such as shalbe willing to build thereon, they paying after the rate of one halfe penny or one penny p’acre according to the value of the Lands yearely to us as for their other Land as aforesaid Which said Lands in Citties Townes &c. is to be assured to each possessor by the same way and instrument as is before menc’oned.
vii. ITEM that the inhabitants of the said Province have free passage through or by any Seas bounds creeks rivers rivuletts &c. in the said Province through or by which they must necessarilie passe to [or?] come from the maine Ocean to any part of the Province aforesaid.
viii. Lastlie it shall be lawfull for the Representatives of the ffreeholders to make any Addresse to the Lords touching the Governor and Councell or any of them for or concerning any Greivances whatsoever or for any other thing they shall desire, without the consent of the Governor and Councell or any of them.
[GIVEN Under our Seal of our said Province the Tenth day of February in the Year of our Lord One Thousand Six Hundred Sixty and Four.
John Berkley
G. Carteret.]
(The copy from which the foregoing was printed was without the closing paragraph and signatures, which are taken from the printed copy in the “Grants and Concessions,” as published by Leaming & Spicer, which differs in orthography and other minor particulars. Ed.)
From a contemporaneous parchment copy brought to West Jersey by John Fenwick. The original copy was destroyed by fire in April, 1686.
Declaration of True Intent and Meaning, 1672
I. That as to the 6th Article, it shall be in the power of the Governor and his Council to admit of all persons to become planters and free men of the said Province, without the General Assembly; but no person or persons whatsoever shall be counted a freeholder of the said Province, nor have any vote in electing, nor be capable of being elected for any office or trust, either civil or military, until he doth actually hold his or their lands by patent from us, the Lords proprietors.
II. As to the 8th article, it shall be in the power of the Governor and Council, to constitute and appoint such ministers and preachers as shall be nominated and chosen by the several corporations, without the General Assembly, and to establish their maintenance, giving liberty besides to any person or persons to keep and maintain what preachers or ministers they please.
AS TO THE GENERAL ASSEMBLY
I. That is shall be in the power of the Governor and his Council to appoint the times and places of meeting of the General Assembly, and to adjourn and summon them together again when and where and where he and they shall see cause.
II. To the third; that it is to be understood, that it is in the power of the Governor and his Council to constitute and appoint courts in particular corporations already settled, without the General Assembly; but for the courts of sessions and assizes to be constituted and established by the Governor Council and representatives to Igether: and that all appeals, shall be made from the assizes, to the Governor and his Council, and thence to the Lords proprietors; from whom they may appeal to the king, and that no more corporations be confirm’d buta@ypor with the special order of us the Lords proprietors.
III. To the ninth article: that the Governor and his Council may dispose of the allotments of land to each particular person, without the General Assembly according to our directions, as he and they shall think fit.
CONCERNING THE GOVERNOR
I. As to the second and third article; all officers civil and military (except before excepted) be nominated and appointed by the Governor and Council, Without the General Assembly, unless he the said Governor and Council shall see occasion for their advice and assistance.
II. As to the fourth article, in case of foreign Invasion or intestine mutiny or rebellion; it shall be lawful for the Governor and his Council to call in to their aid, any persons whatsover whether freeholder or not.
III. That in the sixth article, concerning the regular laying out of lands; rules for building each street in townships, and quantities of ground for each house lot, the same is left to the freeholders or first undertakers thereof, as they can agree with the Governor and Council, and not to the General Assembly, but to be laid out by the surveyor general.
IV. That all warrants for lands not exceeding the proportions in the concessions, being only sign’d by the Governor and Secretary shall be effectual in case his Council or any part of them be not present.
We the Lords proprietors do understand that in all General Assembly’s, the Governor and his Council are to set by themselves, and the deputies or representatives by themselves, and whatever they do propose to be presented to the Governor and his Council, and upon their confirmation to pass for an act or law when confirm’d by us.
Witness our hands and seals the 6th day of December, 1672.
JOHN BERKLEY,
G. CARTERET.
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