CHAPTER XI.

THE ENGLISH IN EAST AND WEST JERSEY. 1664-1689.

BY WILLIAM A. WHITEHEAD.

_Corresponding Secretary of the New Jersey Historical Society._

ALTHOUGH that portion of the American Continent known as New

Netherland was within the limits claimed by England by virtue of

Cabot’s discovery, yet those in possession, from the comparatively

little interest taken in their proceedings, remained undisturbed until

1664.[709] There had been some attempts on the part of settlers in

Connecticut and on Long Island to encroach upon lands in the occupancy

of the Dutch, or to purchase tracts from the Indians otherwise than

through their intervention, yet nothing had resulted therefrom but

estrangement and animosity. An application for the aid of the Royal

government was the consequence, and Charles II. was induced to

countenance the complaints of his North American subjects, and to

enforce his right to the lands in question.

[Illustration]

To effect the ends in view, a charter was granted to James, Duke of

York,—Charles’s brother,—for all the lands lying between the western

side of Connecticut River and the east side of Delaware Bay, including

Long Island, Nantucket, Martha’s Vineyard, and the islands in their

vicinity. This charter was dated March 12, 1663/4, and the following

month a fleet of four vessels, having on board a full complement of

sailors and soldiers, was despatched to eject the Dutch and put the

representatives of the Duke of York in possession.

[Illustration]

The fleet arrived in August, and articles of capitulation were signed

on the 19th (20th) of the same month. Colonel Richard Nicolls, who

commanded the expedition, received the surrender of the Province the

following day; and in October Sir Robert Carr secured the capitulation

of the settlements on the Delaware. By the treaty of Breda, in 1667,

the possession of the country was confirmed to the English.[710]

Although, as the pioneers of civilization, the Hollanders had

developed, to a considerable extent, the resources of what is now New

Jersey, yet the cultivation of the soil and the increase of population,

during the half century that had elapsed since their first occupancy,

were by no means commensurate with what might have been expected.

Settlements had been made on tracts known as Weehawken, Hoboken,

Ahasimus, Pavonia, Constable’s Hook, and Bergen, on the western banks

of the Hudson River, opposite New Amsterdam, but of their population

and other evidences of growth nothing definite is known. On the

Delaware, Cornelius Jacobsen Mey, in 1623, under the auspices of the

West India Company of Holland, and David Pieterson de Vries, in 1631,

attempted to colonize South Jersey at Fort Nassau; but to the Swedes

must be accorded the credit of making the first successful settlements,

though few in number and insignificant in extent.[711] These, in

August, 1655, were surrendered to the Dutch under Peter Stuyvesant,

and they had experienced very little growth or modification when

surrendered to Sir Robert Carr in 1664.

[Illustration]

Before the Duke of York was actually in possession of the territory, he

had executed deeds of lease and release to Lord John Berkeley, Baron

of Stratton, and Sir George Carteret, of Saltrum. The documents bore

the dates of June 23 and 24, 1664, and granted all that portion of his

American acquisition—

“lying and being to the westward of Long Island and Manhitoes 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 northernmost branch

of the said bay or river of Delaware, which is forty-one degrees and

forty minutes of latitude, and crosseth 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 Cæsaria

or New Jersey_.”

The two courtiers, placed in these important and interesting relations

to the people of New Jersey, were doubtless led to enter into them from

being already interested in the Province of Carolina, and from their

associations with the Duke of York.

[Illustration]

Sir John Berkeley had been the governor of the Duke in his youth, and

in subsequent years had retained great influence over him. He, as well

as Sir George Carteret, had been a firm adherent of Charles II.; and

Carteret, at the Restoration, was placed in several important positions

and was an intimate companion of James. Both Carteret and Berkeley were

connected with the Duke in the Admiralty Board, of which he was at

that time the head, and consequently enjoyed peculiar facilities for

influencing him. The name of “Cæsaria” was conferred upon the tract in

commemoration of the gallant defence of the Island of Jersey, in 1649,

against the Parliamentarians, by Sir George Carteret, then governor

of the island; but it was soon lost, the English appellation of “New

Jersey” being preferred.

The grant to the Duke of York, from the Crown, conferred upon him,

his heirs and assigns, among other rights and privileges, that of

government, subject to the approval by the King of all matters

submitted for his decision; differing therein from the Royal privileges

conceded to the proprietors of Maryland and Carolina, which were

unlimited. The Duke of York, consequently, ruled his territory in the

name of the King, and when it was transferred to Berkeley and Carteret,

they, “their heirs and assigns,” were invested with all the powers

conferred upon the Duke “in as full and ample manner” as he himself

possessed them, including, as was conceived, the right of government,

although it was not so stated expressly,—thus transferring with the

land the allegiance and obedience of the inhabitants.

[Illustration]

On Feb. 10, 1664/5, without having had any communication with the

inhabitants, or acquiring a knowledge by personal inspection of

the peculiarities of the country, Berkeley and Carteret signed an

instrument which they published under the title of “The Concessions

and Agreements of the Lords Proprietors of New Jersey, to and with all

and every of the adventurers and all such as shall settle and plant

there.” This, the first Constitution of New Jersey, was regarded by

the people as the great charter of their liberties, and respected

accordingly. By its provisions the government of the Province was

confided to a governor, a council of not less than six nor more than

twelve to be selected by the governor, and an assembly of twelve

representatives to be chosen annually by the freemen of the Province.

The governor and council were clothed with power to appoint and remove

all officers,—freeholders alone to be appointed to office unless

by consent of the assembly,—to exercise a general supervision over

all courts, and to be executors of the laws. They were to direct the

manner of laying out of lands, and were not to impose, nor permit to

be imposed, any tax upon the people not authorized by the general

assembly. That body was authorized to pass all laws for the government

of the Province, subject to the approval of the governor, to remain

in force one year, during which time they were to be submitted to the

Lords Proprietors. To encourage planters, every freeman who should

embark with the first governor, or meet him on his arrival, provided

with a “good musket, bore twelve bullets to the pound, with bandoliers

and match convenient, and with six months’ provisions for himself,”

was promised one hundred and fifty acres of land, and the like number

for every man-servant or slave brought with him similarly provided. To

females over the age of fourteen, seventy-five acres were promised,

and a similar number to every Christian servant at the expiration of

his or her term of service. Those going subsequently, but before Jan.

1, 1666, were to receive one hundred and twenty acres, if master,

mistress, or able man-servant or slave; and weaker servants, male or

female, sixty acres. Those going during the fourth year were to have

one half of these quantities.

In the laying out of towns and boroughs the proprietors reserved

one seventh of the land to themselves. To all who might become

entitled to any land, a warrant was to be obtained from the governor

directing the surveyor to lay out the several tracts, which being

done, a grant or patent was to be issued, signed by the governor and

the major part of the council, subject to a yearly quit-rent of not

less than one halfpenny per acre, the payment of which was to begin

in 1670. Each parish was to be allowed two hundred acres for the

use of its ministers. Liberty of conscience was guaranteed to all

becoming subjects of England, and swearing allegiance to the King and

fidelity to the Lords Proprietors; and the assembly of the Province

was authorized to appoint as many ministers as should be thought

proper, and to provide for their maintenance. Such were the principal

provisions of this fundamental Constitution of the Province.

[Illustration]

On the same day that the Concessions were signed, Philip Carteret, a

distant relative of Sir George, was commissioned governor, and received

his instructions. Preparations were at once made for his departure,

accompanied by all such as were willing to emigrate to New Jersey; and

in April he sailed, with about thirty adventurers and servants, in the

ship “Philip,” laden with suitable commodities. The vessel was first

heard of as being in Virginia in May, and she arrived at New York on

July 29. Here Carteret was informed that Governor Nicolls, in entire

ignorance of the transfer of New Jersey to Lords Berkeley and Carteret,

had authorized and confirmed a purchase made of the Indians, by a party

from Long Island, of a tract of land lying on the west side of the

strait between Staten Island and the main land, and that four families

had emigrated thither. Nicolls had also confirmed to other parties

a tract lying near to Sandy Hook, which they had purchased from the

Indians. This led to the settlement of Middletown and Shrewsbury, in

what is now Monmouth County,—the two grants laying the foundation for

much subsequent trouble in the administration of the public affairs of

the Province.

In consequence of these developments the prow of the “Philip” was

directed by Carteret towards the new settlement at what is now

Elizabeth; and arriving there early in August, he landed, as it is

said, with a hoe upon his shoulder, thereby indicating his intention

to become a planter with those already there, and conferring upon

the embryo town the name it now bears, after the lady of Sir George

Carteret.

Among Carteret’s first measures for the improvement of the Province

was the sending of messengers to New England and elsewhere, to publish

the Concessions and to invite settlers,—measures which resulted in a

considerable accession to the population. The ship “Philip” returned to

England in about six months, and brought out the next year “more people

and goods” on account of the Proprietors; and other vessels, similarly

laden, followed from time to time.

In 1666 a division of the Elizabethtown tract was effected,

leading to the settlement of Woodbridge and Piscataway. Another

settlement,—formed by immigrants from Milford, Guilford, Branford, and

New Haven, and having a desire, they said in their agreement, “to be of

one heart and consent, through God’s blessing, that with one hand they

may endeavor the carrying on of spiritual concernments, as also civil

and town affairs according to God and a godly government,”—became the

nucleus of Newark (now the most populous city in New Jersey), only such

planters as belonged to some one of the Congregational churches being

allowed to vote or hold office in the town. These, with the settlements

mentioned as having been begun under the Dutch administration,

comprised all which for some years attracted immigration from other

quarters. Thus gradually New Jersey obtained an enterprising,

industrious population sufficiently large to develop in no small degree

its varied capabilities.

The Indians were considered generally as beneficial to the new

settlements. The obtaining of furs, skins, and game, which added both

to the traffic of the Province and to the support of the inhabitants,

was thus secured with less difficulty than if they had been obliged

to depend upon their own exertions for the needed supply. The

different tribes were more or less connected with or subordinate to

the confederated Indians of New York, and the settlers in New Jersey

enjoyed, in consequence, peculiar protection. As the Proprietors

evinced no disposition to deprive them of their lands, but in all

cases made what was deemed an adequate remuneration for such as were

purchased, New Jersey was preserved from those unhappy collisions which

resulted in such vital injury to the settlements in other parts of the

country.

Governor Carteret did not think that any legislation was immediately

necessary for the government of the people or administration of the

affairs of the Province. The Concessions having been tried were found

quite adequate to the requirements of the new settlements, but on

April 7, 1668, he issued his proclamation ordering the election of two

freeholders from each town to meet in a general assembly the ensuing

month at Elizabethtown; and on May 26 the first Assembly in New Jersey

began a session which closed on the 30th. During the session a bill

of pains and penalties was passed, identical in some respects with

the Levitical law. Other subjects were considered; but “by reason of

the week so near spent and the resolution of some of the company to

depart,” definite action was postponed until the ensuing session, which

was held on November 3, in which deputies from the southern portion of

the Province on the Delaware took part. A few acts were passed relating

to weights and measures, fines, and dealings with the Indians; but on

the fourth day of the session the Assembly adjourned _sine die_, the

deputies excusing themselves therefor in a message to the Governor and

Council, in which they say:—

“We, finding so many and great inconveniences by our not sitting

together, and your apprehension so different to ours, and your

expectations that things must go according to your opinions, they can

see no reason for, much less warrant from the Concessions; wherefore

we think it vain to spend much time in returning answers by meetings

that are so exceeding dilatory, if not fruitless and endless, and

therefore we think our way rather to break up our meeting, seeing the

order of the Concessions cannot be attended to.”

A proposition by the Governor and Council, that a committee should be

appointed to consult with them upon the asserted deviations from the

Concessions, was not heeded, and the Assembly adjourned. Seven years

elapsed before another, of which there is any authentic record, met.

There are intimations of meetings of deputies on two occasions in 1671;

but what was done thereat is not known, excepting the establishing of a

Court of Oyer and Terminer.

This neglect to provide for the regular meeting of the General Assembly

of the Province was doubtless owing to the disaffection then existing

among the inhabitants of what was subsequently known as the Monmouth

Patent, including Middletown, Shrewsbury, and other settlements holding

their lands under the grant from Nicolls, which has been mentioned.

As they considered themselves authorized to pass such prudential laws

as they deemed advisable, they were led to hold a local assembly

for the purpose as early as June, 1667, at what is now called the

Highlands; and not being disposed to acknowledge fully the claims of

the Lords Proprietors, they refused to publish the laws passed at

the first session of the General Assembly and would not permit them

to be enforced within their limits, on the ground that the deputies,

professedly representing them, had not been lawfully elected. Certain

differences in the Nicolls grant, from the Concessions, were insisted

on before the deputies representing those towns could be allowed to

co-operate in any legislation affecting them.

These views were not acceded to, and the towns were consequently

not represented in the Assembly of November, 1668, and the first

open hostility to the government of Carteret was inaugurated. This,

however, did not interfere materially with his administration of the

affairs of the Province. In every other quarter harmony prevailed

until the time came when, by the provisions of the Concessions, the

first quit-rents became payable by those holding lands under the

Proprietors. The arrival of March 25, 1670, when their collection

was to begin, introduced decided and, in many quarters, violent

opposition. Information received from England of a probable change in

the proprietorship, which promised a reannexation of New Jersey to

New York, no doubt added to the apprehensions of the Governor and his

Council, and gave encouragement to the disaffected among the people.

The Elizabethtown settlers, asserting their right to the lands

confirmed to them by Governor Nicolls independent of the requisitions

of the Concessions, became the central instruments of action for the

disaffected. The claims of the Proprietors’ officers, the oaths of

allegiance which many of them had taken, as well as their duty to

those whose liberal concessions constituted the chief inducements for

settlement within their jurisdiction, were alike unheeded. The titles

acquired through Nicolls they attempted to uphold as of superior force,

and, following the example of Middletown and Shrewsbury, although on

less tenable grounds, they were disposed to question the authority of

the government in other matters. For two years there was a prevalent

state of confusion, anxiety, and doubt.

On March 26, 1672, there was a meeting of deputies from the different

towns; but the validity of such an Assembly, as it was called, the

governor and council did not recognize. The proceedings are presumed to

have had reference to the vexed question of titles; but the documents

connected with the meeting were all suppressed by the secretary,

who was also assistant-secretary of the council, and he acted, it

is presumed, under their instructions. Another meeting was held at

Elizabethtown on May 14, composed of representatives of Elizabethtown,

Newark, Woodbridge, Piscataway, and Bergen; but assembling “without

the knowledge, approbation, or consent” of the governor and council,

they of course did not co-operate. The Concessions stipulated that

the general assembly should consist of the “representatives, or the

majority of them, with the governor and council,” and their absence

afforded an excuse for another step toward independence of the

established authorities. The Concessions provided that, should the

governor refuse to be present in person or by deputy, the general

assembly might “appoint themselves a president during the absence

of the governor or the deputy-governor;” and the assembly proceeded

to do so (not, however, a president merely to preside over their

deliberations and give effect to their acts, but a “president of the

country,” to exercise the chief authority in the Province), finding a

ready co-operator in James Carteret, a son of Sir George, then in New

Jersey on his way to Carolina, of which he had been made a landgrave.

He appears to have been courteously received by the authorities of

the Province, from his near relationship to the proprietor, but his

course argues little consideration for them or for the interests of

his father. He did not hesitate to assume the chief authority; and,

although the governor issued a proclamation denouncing both him and

the body which had conferred authority upon him, yet power to enforce

obedience seems to have been with the usurper. Officers of the

government were seized and imprisoned, and in some instances their

property was confiscated.

[Illustration]

Governor Carteret had deemed it advisable to seek his safety by taking

up his residence in Bergen, where on May 28 he convened his council

for deliberation. They advised him to go to England, to explain to

the Lords Proprietors the situation of the Province, and to have his

authority confirmed. This he did, taking with him James Bollen, the

secretary of the council, and appointing John Berry deputy-governor in

his absence. Their reception by the Proprietors was all that they could

have expected or desired. Sir George Carteret sent directions to his

son to vacate his usurped authority at once and proceed to Carolina;

and the Duke of York wrote to Governor Lovelace, who had succeeded

Nicolls in the Province of New York, notifying him, and requiring him

to make the same known to the insurgents, that the claims they had

advanced would not be recognized by him; and King Charles II. himself

sent a missive to Deputy-Governor Berry confirming his authority and

commanding obedience to the government of the Lords Proprietors. Other

documents from the Proprietors expressed in temperate but decided

language their determination to support the rights which had been

conferred upon them, and some modifications of the Concessions were

made, which circumstances seemed to require, conferring additional

powers on the governor and council.

These various documents were published by Deputy-Governor Berry in May,

1673. They served to quiet the previous agitation, and to re-establish

his authority. A certain time was allowed the malecontents to comply

with the terms of the Proprietors; and the inhabitants of Middletown

and Shrewsbury placed themselves in a more favorable position than

those of other towns by asking for a suspension of proceedings against

them until they could communicate with the authorities in England.

This they did, throwing themselves upon their generous forbearance by

relinquishing any special privileges they had claimed under the Nicolls

patent, receiving individual grants of land in lieu thereof; and

thereafter the relations between them and the proprietary government

were always harmonious.

The government was resumed by the representatives of the Proprietors

without any exhibition of exultation; and further to insure

tranquillity and good conduct the deputy-governor and council issued

an order with the intent “to prevent deriding, or uttering words of

reproach, to any that had been guilty” of the insubordination.

In March, 1673, Charles II., in co-operation with Louis XIV. of France,

declared war against Holland; and before the time expired, within

which the proffered terms were to be acceded to by the inhabitants,

the Dutch were again in possession of the country. The manner in

which New Netherland had been subdued by the English prompted a like

retaliation, and a squadron of five vessels was at once despatched

against New York. The fleet was increased, by captures on the way,

to sixteen vessels, conveying sixteen hundred men; and on August 8

possession of the fort was obtained, and for more than a year the

authority of the States General was acknowledged. On the one hand, no

harshness or disposition to violate the just rights of the inhabitants

was manifested; while, on the other, imaginary injuries from the

proprietary government led to a ready recognition of what might prove

an advantageous change. The natural consequences were harmony and

good-will.

The inhabitants generally were confirmed in the possession of their

lawfully acquired lands, and placed on an equality, as to privileges,

with the Hollanders themselves. Local governments were established for

each town, consisting of six schepens, or magistrates, and two deputies

toward the constitution of a joint board, for the purpose of nominating

three persons for schouts and three for secretaries. From the

nominations thus made the council would select three magistrates for

each town, and for the six towns collectively a schout and secretary.

John Ogden and Samuel Hopkins were severally appointed to these offices

on the 1st of September.

On November 18 a code of laws was promulgated “by the schout and

magistrates of Achter Kol Assembly, held at Elizabethtown to make

laws and orders,” but it does not appear to have been framed with

any reference to the English laws in force, which it was intended to

subvert. It was singularly mild in the character and extent of the

punishments to be inflicted on transgressors, the principal aim of

the legislators apparently being the protection of the Province from

the demoralizing effects of sensual indulgence and other vicious

propensities; but the whole code soon became a nullity, through the

abrogation of the authority under which it was enacted.

On Feb. 9, 1674, a treaty of peace was signed at Westminster, the

eighth article of which restored the country to the English; and they

continued in undisturbed possession from the November following until

the war which secured the independence of the United States of America.

On the conclusion of peace the Duke of York obtained from the King a

new patent, dated June 29, 1674, similar in its privileges and extent

to the first; and on October 30 Edmund Andros arrived with a commission

as governor, clothing him with power to take possession of New York

and its dependencies, which, in the words of the commission included

“all the land from the west side of Connecticut River to the east side

of Delaware Bay.” On November 9 he issued a proclamation in which he

expressly declared that all former grants, privileges, or concessions,

and all estates legally possessed by and under His Royal Highness

before the late Dutch government, were thereby confirmed, and the

possessors by virtue thereof to remain in quiet possession of their

rights. King Charles on June 13, prior to the issuing of a new patent

by the Duke of York, wrote a circular letter confirming in all respects

the title and power of Carteret in East Jersey.

[Illustration]

On July 28 and 29, 1674, Sir George Carteret received a new grant from

the Duke of York, equally full as to rights and privileges, giving

him individually all of the Province north of a line drawn from a

certain “creek called Barnegat to a certain creek on Delaware River,

next adjoining to and below a certain creek on Delaware River called

Rankokus Kill,” a stream south of what is now Burlington,—the sale

of Berkeley’s interest in the Province being evidently considered as

leading to its division.

[Illustration]

This had taken place on March 18, 1673/4, Lord Berkeley disposing

of his portion of the Province to John Fenwicke,—Edward Byllynge

being interested in the transaction. As these two were members of the

Society of Quakers, or Friends, who had experienced much persecution in

England, it is thought that in making this purchase they had in view

the securing for themselves and their religious associates a place of

retreat.

[Illustration]

Some difficulty was experienced in determining the respective

interests of Fenwicke and Byllynge in the property they had acquired,

and the intervention of William Penn was secured. He awarded one tenth

of the Province, with a considerable sum of money, to Fenwicke, and the

remaining nine tenths to Byllynge. Not long after, Byllynge, who was a

merchant, met with misfortunes, which obliged him to make a conveyance

of his interest to others. It was therefore assigned to three of his

fellow associates among the Quakers,—William Penn, Gawen Lawrie, and

Nicholas Lucas. This conveyance was signed Feb. 10, 1674. The nine

undivided tenths were assigned to the three persons just mentioned, to

be held by them in trust for the benefit of Byllynge’s creditors; and

not long after Fenwicke’s tenth was also placed under their control,

although he had executed a lease to John Eldridge and Edmond Warner for

a thousand years, to secure the repayment of sums of money obtained

from them. A discretionary power to sell was conferred by the lease,

leading to complications of title and management.

[Illustration]

Philip Carteret had remained in England until the negotiations

subsequent to the surrender of the Dutch were completed and the

new grant for East Jersey obtained; and on July 31, 1674, he was

recommissioned as governor, and returned to the Province, bringing with

him further regulations respecting the laying out of lands, the payment

of quit-rents, and other obligations of the settlers. His return seems

to have greatly pleased the people of East Jersey. His commission, and

the other documents of which he was made the bearer, were published at

Bergen, Nov. 6, 1674, in the presence of his council and commissioners

from all the towns except Shrewsbury.

After the Governor’s return the assemblies met annually with

considerable regularity, the first at Elizabethtown on Nov. 5, 1675,

and the others either there or at Woodbridge or Middletown. Sufficient

unanimity seems to have prevailed among the different branches

of government, to secure legislation upon all subjects which the

advancement of the Province in population rendered essential.

As yet no material change in the condition of West Jersey as to

settlement had taken place; but in 1675 John Fenwicke, with many

others, came over in the ship “Griffith” from London and landed at what

is now Salem,—so called by them from the peaceful aspect which the

site then wore. No other settlers, however, arrived for two years.

Although the commission of Andros as governor of New York authorized

him to take possession of the Province “and its dependencies,” yet

having been conversant with the transactions in England affecting

New Jersey, which had taken place subsequent to its date, he did not

presume at first to assert his authority over that Province, otherwise

than to collect duties there similar to those constituting the Duke’s

revenue in New York. Soon after his arrival he took measures to collect

the same customs at Hoarkill, in West Jersey; and on the arrival of

Fenwicke with his settlers at Salem, a meeting of his council was held

Dec. 5, 1675, at which an order was issued prohibiting any privilege

or freedom of customs or trading on the eastern shore of the Delaware,

nor was Fenwicke to be recognized as owner or proprietor of any land.

As this prohibition was not regarded by Fenwicke, on Nov. 8, 1676,

directions were given to the council at Newcastle to arrest him and

send him to New York. This proceeding not being acquiesced in by

Fenwicke, a judicial and military force was despatched in December to

make the arrest. On producing, for the inspection of Andros, the King’s

Letters Patent, the Duke of York’s grant to Berkeley and Carteret, and

Lord Berkeley’s deed to himself, Fenwicke was allowed to return to West

Jersey, on condition that he should present himself again on or before

the 6th of October following,—the fact that the Duke was authorized

to, and did, transfer all his rights in New Jersey, “in as full and

ample manner” as he had received them, being an argument that Andros

could not readily refute. Fenwicke complied with the prescribed terms

of his release and, after some detention as a prisoner, was liberated

(as asserted by Andros) on his parole not to assume any authority in

West Jersey until further warrant should be given.

It being evident that the grant of the Duke of York to Sir George

Carteret in July, 1674, had not made an equitable division of the

Province between him and the assigns of Sir John Berkeley, the Duke

induced Sir George to relinquish that grant, and another deed of

division was executed on July 1, 1676, known as the Quintipartite Deed,

making the dividing line to run from Little Egg Harbor to what was

called the northernmost branch of the Delaware River, in 41° 40´ north

latitude; and from that time the measures adopted by the Proprietors of

the two provinces to advance the interests of their respective portions

were enforced separately and independently of each other.

The trustees of Byllynge effected sales of land to two companies of

Friends, one from Yorkshire and the other from London; and in 1677

commissioners were sent out with power to purchase lands of the

natives, to lay out the various patents that might be issued, and

otherwise administer the government. The ship “Kent” was sent over with

two hundred and thirty passengers, and after a long passage she arrived

in the Delaware in August (1677), and the following month a settlement

was made on the site of the present Burlington.

The commissioners came in the “Kent,” which, on her way to the

Delaware, anchored at Sandy Hook. Thence the commissioners proceeded to

New York to inform Governor Andros of their intentions; and, although

they failed to secure an absolute surrender of his authority over their

lands, he promised them his aid in getting their rights acknowledged,

they in the mean time acting as magistrates under him, and being

permitted to carry out the views of the Proprietors. During the

following months of 1677, and in 1678, several hundred more immigrants

arrived and located themselves on the Yorkshire and London tracts, or

tenths as they were called.

The settlers of West Jersey, as a body, were too intelligent for them

to remain long without an established form of government, and on March

3, 1677, a code of laws was adopted under the title of “The Concessions

and Agreements of the Proprietors, Freeholders, and Inhabitants of

the Province of West Jersey.” It was drawn up, as is presumed, by

William Penn and his immediate coadjutors, as his name heads the list

of signers, of whom there were one hundred and fifty-one. The chief

or executive authority was by these Concessions lodged in the hands

of commissioners to be appointed by the then Proprietors, and their

provisions cannot but meet with general approval. This code is to be

considered as the first example of Quaker legislation, and is marked

by great liberality. The framers, as a proprietary body, retained no

authority exclusively to themselves, but placed all power in the hands

of the people. The document was to be read at the beginning and close

of each general assembly; and, that all might know its provisions, four

times in a year it was to be read in a solemn manner in every hall of

justice in the Province.

The settlers on Fenwicke’s tenth did not participate in the privileges

of these Concessions. On returning to the Province, after his

confinement in New York, Fenwicke proceeded to make choice of officers

for his colony, demanding in the name of the King the submission of the

people, and directly afterward issued a proclamation in which he—as

“Lord and Chief Proprietor of the said Province [West Jersey], and in

particular Fenwicke’s colony within the same”—required all persons to

appear before him within one month and show their orders or warrants

for “their pretended titles,” assuming an independent authority

entirely at variance with the proprietary directions.

The commissioners of the Byllynge tenths, however, do not appear to

have made any attempt to interfere with him, confining their authority

to the limits of their own well defined tracts; but if Fenwicke escaped

annoyance from his near neighbors he was not so fortunate in his

relations with his former persecutor, Andros, as he is represented as

being, not long after his return, again at Newcastle under arrest,

waiting for some opportunity to be sent again to New York.

Although, as has been stated, general quietude prevailed in East

Jersey for some years after Carteret’s return from England, yet it

must be considered as resulting less from the desire of the people to

co-operate with him, than from the want of leaders willing to guide

and uphold them in ultra proceedings. The exaction of customs in New

York, by direction of the representatives of the Duke of York, operated

more to the annoyance of the inhabitants on the Delaware than to

those in the eastern portion of the Province, and it was with great

anxiety that the adventurers to West Jersey regarded the course of

Andros in relation thereto; but in East Jersey, the proximity to New

York rendered a direct trade with foreign lands less necessary. Andros

steadily opposed all projects of the Governor to render East Jersey

more independent of New York, and the death of Sir George Carteret in

January, 1680, seems to have inspired him with fresh vigor in asserting

the claims of the Duke of York. Recalling to mind that New Jersey was

within the limits of his jurisdiction according to his commission, he

addressed a letter to Governor Carteret in March, 1679/80, informing

him that, being advised of his acting without legal authority to the

great disturbance of His Majesty’s subjects, he required him to cease

exercising any authority whatever within the limits of the Duke of

York’s patent, unless his lawful power so to do was first recorded in

New York. To this unlooked for and unwarranted communication, Governor

Carteret replied on March 20, two days after its receipt, informing his

indignant correspondent that after consultation with his council he and

they were prepared to defend themselves and families against any and

all aggressions, having a perfect conviction of the validity of the

authority they exercised. Before this letter was received by Andros, or

even written, he had issued a proclamation abrogating the government of

Carteret and requiring all persons to submit to the King’s authority

as embodied in himself. Emissaries were despatched to East Jersey to

undermine the authority of Carteret, and every other means adopted to

estrange the people from their adhesion to the Proprietary government.

On April 7 Andros, accompanied by his council, presented himself at

Elizabethtown, and Carteret, finding that they were unattended by any

military force, dismissed a body of one hundred and fifty men gathered

for his defence; and, receiving his visitors with civility, a mutual

exposition was made of their respective claims to the government of

East Jersey. The conference ended as it had begun. Andros having

now, as he said, performed his duty by fully presenting his authority

and demanding the government in behalf of His Majesty, cautioned them

against refusal. “Then we went to dinner,” says Carteret in his account

of the interview, “and that done we accompanied him to the ship, and so

parted.”

Carteret’s hospitality, however, was lost upon Andros. On April 30 a

party of soldiers, sent by him, dragged the Governor from his bed and

carried him to New York, bruised and maltreated, where he was kept

in prison until May 27, when a special court was convened for his

trial for having “persisted and riotously and routously endeavored to

maintain the exercise of jurisdiction and government over His Majesty’s

subjects within the bounds of His Majesty’s letters-patent to His Royal

Highness.”

Carteret boldly maintained his independence under these trying

circumstances. He fully acknowledged before the court his refusal to

surrender his government to Andros without the special command of the

King, submitted the various documents bearing upon the subject, and

protested against the jurisdiction of a court where his accuser and

imprisoner was also his judge.

The jury brought in a verdict of “not guilty,” which Andros would not

receive, obliging them to reconsider their action, two or three times;

and it is somewhat singular that they should have held firm to their

first decision. They, however, gave in so far as to require Governor

Carteret to give security not to exercise any authority on his return

to East Jersey, until the matter could be referred to the authorities

in England.

Andros lost no time in profiting by Carteret’s violent deposition,

for although it is said that, attended by his whole retinue of ladies

and gentlemen, he escorted Carteret to his home in Elizabethtown, yet

on June 2 Andros met the Assembly at that place, presented again his

credentials, and recommended such enactments as would confirm all past

judicial proceedings, and the adoption of the laws in force in New

York. The representatives, while they treated Andros with respect,

were not unmindful of what was due to themselves as freemen. They

were not prepared to bow in submission even to His Majesty’s Letters

Patent, whenever at variance with their true rights. “What we have

formerly done,” said they, “we did in obedience to the authority that

was then established in this Province: these things, which have been

done according to law, require no confirmation.” They presented for

the approval of Andros the laws already in force as adapted to their

circumstances, and expressed their expectations that the privileges

conferred by the Concessions would be confirmed. It does not appear

that their views were dissented from by Andros, or that his visit was

productive of either good or evil results.

In consequence of the dilatoriness of the Proprietary in England,

Carteret was kept in suspense until the beginning of the next year; but

on March 2, 1681, he issued a proclamation announcing the receipt by

him of the gratifying intelligence that the Duke of York had disavowed

the acts of Andros and denied having conferred upon him any authority

that could in the least have derogated from that vested in the

Proprietary; and a letter from the Duke’s secretary, to Andros himself,

notified him that His Royal Highness had relinquished all right or

claim to the Province, except the reserved rent.

About this time Andros returned to England, leaving Anthony Brocholst,

president of the council, as his representative. There is some mystery

about his conduct towards New Jersey. He may have thought that the

party in East Jersey, inimical to the proprietary government, might

enable him to regain possession of it for the Duke, and thereby

increase the estimation in which he might be held by him. For Andros

had enemies in New York who had interested themselves adversely to his

interests, making such an impression upon the Duke that his voyage to

England at this time was taken in accordance with the express command

of his superior, to answer certain charges preferred against him.

The withdrawal of the common enemy soon reproduced the bickerings and

disputings which had characterized much of Carteret’s administration.

He convened an Assembly at Elizabethtown in October, 1681, at which

such violent altercations took place that the Governor, for the first

time in the history of New Jersey, dissolved the Assembly, contrary to

the wishes of the representatives. This was the last Assembly during

the administration of Carteret, for the ensuing year he resigned the

government into other hands.

Sir George Carteret died, as has been stated, in 1680, leaving his

widow, Lady Elizabeth, his executrix. He devised his interest in New

Jersey to eight trustees in trust for the benefit of his creditors;

and their attention was immediately given to finding a purchaser, by

private application or public advertisement. These modes of proceeding

proving unsuccessful it was offered at public sale to the highest

bidder, and William Penn and eleven associates, all thought to have

been Quakers, and some of whom were already interested in West Jersey,

became the purchasers for £3,400. Their deeds of lease and release

were dated Feb. 1 and 2, 1681/2, and subsequently each one sold one

half of his interest to a new associate, making in all twenty-four

proprietors. On March 14, 1681/2, the Duke of York confirmed the sale

of the Province to the Twenty-four by giving a new grant more full

and explicit than any previous one, in which their names are inserted

in the following order: James, Earl of Perth, John Drummond, Robert

Barclay, David Barclay, Robert Gordon, Arent Sonmans, _William Penn_,

_Robert West_, _Thomas Rudyard_, _Samuel Groom_, _Thomas Hart_,

_Richard Mew_, _Ambrose Rigg_, _John Heywood_, _Hugh Hartshorne_,

_Clement Plumstead_, _Thomas Cooper_, Gawen Lawrie, Edward Byllynge,

James Brain, William Gibson, Thomas Barker, Robert Turner, and Thomas

Warne,—those in italics being the names of eleven of the first twelve,

_Thomas Wilcox_, the twelfth, having parted with his entire interest.

There was a strange commingling of religions, professions, and

characters in these Proprietors, among them being, as the historian

Wynne observes, “High Prerogative men (especially those from

Scotland), Dissenters, Papists, and Quakers.” This bringing together

such a diversity of political and religious ideas and habits was

doubtless with a view to harmonize any outside influences that it might

be deemed advisable to secure, in order to advance the interests of the

Province. A government composed entirely of Quakers or Dissenters or

Royalists might have failed to meet the co-operation desired, whereas a

combination of all might have been expected to unite all parties.

[Illustration]

Robert Barclay of Urie, a Scottish gentleman, a Quaker, and a personal

friend of William Penn, was selected to be governor. He occupied a

high position among those of his religion for the influence exerted

in their behalf, and for the numerous works written by him in defence

of their principles,—the most celebrated being _An Apology for the

True Christian Divinity as the same is preached and held forth by the

people, in scorn, called Quakers_,—and moreover he was equally capable

of excelling in worldly matters. He was subsequently commissioned

governor for life; and, as if his name alone were sufficient to

insure a successful administration of the affairs of the Province, he

was not required to visit East Jersey in person, but might exercise

his authority there by deputy. He selected for that position Thomas

Rudyard, an eminent lawyer of London, originally from the town of

Rudyard in Staffordshire. It was probably from his connection with the

trials of prominent Quakers, in 1670, that he became interested in the

East Jersey project. He took an active part in the preliminary measures

for advancing the designs of the Proprietors. The Concessions, their

plans for one or more towns, a map of the country, and other documents

were deposited at his residence in London for the inspection of all

adventurers.

The entire population of East Jersey at this time was estimated at

about five thousand, occupying Shrewsbury, Middletown, Piscataway,

Woodbridge, Elizabethtown, Newark, Bergen, and the country in their

respective vicinities.

Deputy-Governor Rudyard, accompanied by Samuel Groom as receiver

and surveyor-general, arrived in the Province in November 1682, and

both were favorably impressed by the condition and advantages of the

country. On December 10 following the council was appointed, consisting

of Colonel Lewis Morris, Captain John Berry, Captain William Sandford,

Lawrence Andress, and Benjamin Price, before whom, on December 20, the

deputy-governor took his oath of office, having previously on the 1st

been sworn as chief register of the Proprietors. The instructions with

which Rudyard was furnished by the Proprietors or Governor Barclay are

not on record, but they are presumed to have been in accordance with

the terms of a letter to the planters and inhabitants, with which he

was furnished, inculcating harmony and earnest endeavors to advance

their joint interests. The previous Concessions being confirmed,

Rudyard convened an Assembly at Elizabethtown, March 1, 1683; and

during the year two additional sessions were held and several acts of

importance passed. Among them was one establishing the bounds of four

counties into which the Province was divided. “Bergen” included the

settlements between the Hudson and Hackensack rivers, and extended to

the northern bounds of the Province; “Essex” included all the country

north of the dividing line between Woodbridge and Elizabethtown, and

west of the Hackensack; “Middlesex” took in all the lands from the

Woodbridge line on the north to Chesapeake Harbor on the southeast, and

back southwest and northwest to the Province bounds; and “Monmouth”

comprised the residue.

Although the administration of Rudyard appears to have been productive

of beneficial results, securing a great degree of harmony among the

varied interests prevailing in the Province, yet, differing from him in

opinion as to the policy of certain measures, the Proprietors, while

their confidence in him seems to have been unimpaired, thought proper

to put another in his place. The principal reason, therefore, appears

to have been that Rudyard and the surveyor-general Groom differed as

to the mode of laying out lands. The Concessions contemplated the

division of all large tracts into seven parts, one of which was to be

for the Proprietors and their heirs. Groom refused to obey the warrants

of survey for such tracts unless such an interest of the Proprietors

therein was recognized, but the governor and his council took the

position that the patents, not the surveys, determined the rights of

the parties; and, to have their views carried out, Groom was dismissed

and Philip Wells appointed to be his successor. The Proprietors in

England, regarding this measure as probably in some way lessening their

profits in the Province, sustained the surveyor-general’s views and

annulled all grants not made in accordance therewith, and appointed

as Rudyard’s successor Gawen Lawrie, a merchant of London,—the same

influential Quaker whom we have seen deeply interested already in West

Jersey as one of Byllynge’s trustees, and whose intelligence and active

business qualifications made his administration of affairs conspicuous.

His commission was dated at London in July 1683, but he did not take

his oath of office until February 28 following. Rudyard retained the

offices of secretary and register and performed their duties until the

close of 1685, when he left for Barbadoes, being succeeded as secretary

by James Emott. Lawrie retained Messrs. Morris, Berry, Sandford,

and Price of Rudyard’s council, and appointed four others, Richard

Hartshorne of Monmouth, Isaac Kingsland of New Barbadoes, Thomas

Codrington of Middlesex, Henry Lyon of Elizabeth, and Samuel Dennis of

Woodbridge.

The new deputy-governor brought out with him a code of general

laws—or fundamental constitutions as they were called, consisting

of twenty-four chapters, or articles, adopted by the Proprietors in

England—which was considered by its framers, for reasons not apparent,

as so superior to the Concessions, that only those who would submit

to a resurvey and approval of their several grants, arrange for the

payment of quit-rents, and agree to pass an act for the permanent

support of the government should enjoy its protection and privileges.

All others were to be ruled in accordance with the Concessions. This

virtually established two codes of laws for the Province. Lawrie,

however, seems to have been convinced of the impropriety of putting

the new code in force, although in his instructions he was directed as

soon as possible to “order it to be passed in an assembly and settle

the country according thereto.” Through his discretion, therefore, the

civil policy of the Province remained unchanged.

The country made a most favorable impression upon Lawrie. “There is

not a poor body in all the Province, nor that wants,” wrote he to the

Proprietors in England; and he urged them to hasten emigration as

rapidly as possible,—discovering in the sparseness of the population

one great cause of the difficulties his predecessors had encountered,

an increase in the number of inhabitants favorable to the Proprietors’

interests being essential.

The Proprietors, however, had not been so unmindful of their interests

as not to exert themselves to induce emigration to their newly acquired

territory. The first twelve associates directly after receiving the

deed for the Province published a _Brief Account of the Province of

East Jersey_, presenting it in a very favorable light, and in 1683 the

Scotch Proprietors issued a publication of a similar character. These

publications, aided by the personal influence of Governor Barclay over

their countrymen, who at that time were greatly dissatisfied with their

political condition, and suffering under religious persecution, excited

considerable interest for the Province, and a number of emigrants were

soon on their way across the Atlantic. Many of them were sent out in

the employ of different Proprietors, or under such agreements as would

afford their principals the benefits of headland grants, fifty acres

being allowed to each master of a family and twenty-five for each

person composing it, whether wife, child, or servant,—each servant to

be bound three years, at the expiration of which time he or she was to

be allowed to take up thirty acres on separate account.

Only a limited success, however, attended these exertions; national and

religious ties were not so easily severed. Notwithstanding the ills

that pressed so heavily upon them and their countrymen, the voluntary

and perpetual exile which they were asked to take upon them required

more earnest and pertinent appeals; and therefore, in 1685, a work

appeared entitled _The Model of the Government of the Province of East

New Jersey in America_, written by George Scot of Pitlochie at the

request of the Proprietors, in which the objections to emigration were

refuted, and the condition of the new country stated at length. Further

reference to this publication will be made hereafter; it is sufficient

to state at present that it led to the embarkation of nearly two

hundred persons for East Jersey on board a vessel named the “Henry and

Francis,”—a name which deserves as permanent a position in the annals

of New Jersey as does that of the “Mayflower” in those of Massachusetts.

The instructions of the Proprietors to Deputy-Governor Lawrie—while

firm in their requirements for the execution of all engagements

which justice to themselves and other settlers called upon them to

enforce—were calculated to restore tranquillity, and to quiet, for a

time at least, the opposition to their government. The claims under the

Indian purchases having been brought to their notice, and relief sought

from the evils to which the claimants had been subjected, elicited a

dignified letter in reply, upholding the proprietary authority, and

presenting in a forcible manner the difficulties which would inevitably

arise should that authority be subverted. In order to prevent further

difficulties from the acquisition of Indian titles by individuals the

right to purchase was continued in the deputy-governor, and he was

directed to make a requisition upon the Proprietors for the necessary

funds, as had been done in 1682, by shipping a cargo of goods valued at

about one hundred and fifty pounds, and expending the amount for that

purpose.

The necessity for the cultivation of good feelings with the Province

of New York was manifest. Having for its chief executive one whose

arbitrary temper and disposition led him to disregard solemn

engagements, the relations between the provinces were not likely to

be made more harmonious because he was heir-apparent to the throne of

England; and it was consequently in accordance both with the principles

of the Friends and the promptings of sound judgment and discretion,

that the Proprietors urged upon Lawrie the propriety of fostering a

friendly correspondence with New York, and avoiding everything that

might occasion misapprehension or cause aggressions upon their rights.

Lawrie conformed himself to the tenor of his instructions. He visited

Governor Dongan and remained with him two or three days, discussing

their mutual rights and privileges, and was treated by him with

kindness and respect; and being of a less grasping disposition than his

predecessor, there were no open acts of hostility to the proprietary

government manifested by him.

Immigration and a transfer of rights soon brought into the Province

a sufficient number of Proprietors to allow of the establishment

of a board of commissioners within its limits, authorized to act

with the deputy-governor in the temporary approval of laws passed

by the Assembly, the purchasing and laying out of lands, and other

matters,—thus avoiding the necessary and consequent unpleasant delay

attendant upon the transmission of such business details to the

Proprietors in England before putting them in operation. This body was

formed August 1, 1684, and became known as the “Board of Proprietors.”

To this board was intrusted the advancement of a new town to be called

Perth,—in honor of the Earl of Perth, one of the Proprietors,—for the

settlement of which proposals had been issued in 1682, immediately on

their obtaining possession of the Province.

[Illustration]

The advancement of this town was a favorite project, and at the time

of Lawrie’s arrival several houses were already erected, and others

in progress (Samuel Groom having surveyed and laid out the site);

and attention was immediately given to the execution of the plans

of the projectors, based upon the expectation that it would become

the chief town and seaport of the Province. Lawrie was particularly

cautious, in carrying out their views as regarded the seaport, not to

infringe any of the navigation laws respecting the payment of duties,

or otherwise,—going so far as to admit William Dyre, in April,

1685, to the discharge of his duties as collector of the customs in

New Jersey, which naturally led to difficulties. Previously vessels

had been permitted by Lawrie to proceed directly to and from the

Province, and the inhabitants valued the privilege; but Dyre had not

been in execution of his office more than two or three months before

he complained to the commissioners of the customs of the opposition

encountered in enforcing the regulations he had established for

entering at New York the vessels destined to East Jersey, and receiving

there the duties upon their cargoes. This state of affairs continued

for some months; for, although the authorities in England took the

subject into consideration, it was not until April, 1686, that a writ

of _quo warranto_ was issued against the Proprietors,—it being thought

of great prejudice to the country and His Majesty’s interest that such

rights as they claimed should be longer exercised.

James, Duke of York, by the death of Charles II. in May, 1685,

had been raised to the throne of England, and his assumption of

royalty simplified considerably the powers for ignoring all measures

conflicting with his private interests; and although he had thrice as

Duke of York, by different patents and by numerous other documents,

confirmed to others all the rights, powers, and privileges which he

himself had obtained, the increased revenue which was promised him

from the reacquisition of New Jersey could not admit of any hesitancy

in adopting measures to effect it. The Proprietors, however, were

firm in their expostulations, and made many suggestions calculated to

remove the pending difficulties; but all were of no avail except one,

looking to the appointment of a collector of the customs to reside at

Perth,—or Perth Amboy as it began to be called, by the addition of

Amboy, from _ambo_, an Indian appellation for point. The first session

of the Assembly was held there as the seat of government, April 6, 1686.

* * * * *

The establishment of a local government in West Jersey in 1677 has

been noticed. The next step toward rendering it more perfect was

the election, by the Proprietors in England, of Edward Byllynge as

governor of the Province, and the appointment by him of Samuel Jenings

as his deputy. These events took place in 1680 and 1681, and Jenings

arrived in the Province to assume the government in September of the

latter year, the first West Jersey Assembly meeting at Burlington in

November. The representatives seem to have had a full sense of the

responsibilities resting upon them, and at once adopted such measures

as were deemed essential under the altered condition of affairs,

acknowledging the authority of the deputy-governor on condition that

he should accept certain proposals or fundamentals of government

affixed to the laws they enacted. This Jenings did, putting his hand

and seal thereto; as did also Thomas Olive, the Speaker, by order and

in the name of the Assembly.

Burlington was made the chief town of the Province, and the method of

settling and regulating the lands was relegated to the governor and

eight individuals. For greater convenience the Province was divided

into two districts, the courts of each to be held at Burlington and

Salem. The second Assembly met May 2, 1682, and a four days’ session

seems to have been sufficient to establish the affairs of the Province

on a firm basis. Thomas Olive, Robert Stacy, Mahlon Stacy, William

Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel Wills, Mark

Newbie, and Elias Farre being chosen as the council.

Subsequent meetings of the Assembly were held in September, and in May,

1683. At this last some important measures were enacted contributing to

good government. For the despatch of business the governor and council

were authorized to prepare bills for the consideration of the Assembly,

which were to be promulgated twenty days before the meetings of that

body. The governor, council, and assembly were to constitute the

General Assembly, and have definite and decisive action upon all bills

so prepared. As John Fenwicke was one of the representatives to this

Assembly, it is evident that he recognized for his Tenth the general

jurisdiction which had been established. It is understood that Byllynge

at this time had resolved to relieve Jenings from his position, as his

own independent authority was thought to be endangered by Jenings’s

continuance in office.

At this Assembly the question was discussed whether the purchase at

first made was of land only or of land and government combined, and the

conclusion arrived at was that both were purchased; and also that an

instrument should be prepared and sent to London, there to be signed

by Byllynge, confirmatory of this view; and, carrying out a suggestion

of William Penn, Samuel Jenings was by vote of the Assembly elected

governor of the Province,—a proceeding which was satisfactory to the

people, as they desired a continuance of his administration. Thus again

did the representatives of the people assert their claim to entire

freedom from all authority not instituted by themselves.

As Byllynge did not acquiesce as promptly as was desired with the

views of the Assembly, it was determined at a session held in March,

1684, that, for the vindication of the people’s right to government,

Governor Jenings and Thomas Budd (George Hutchinson subsequently acted

with them) should go to England and discuss the matter with Byllynge in

person,—Thomas Olive being appointed deputy-governor until the next

Assembly should meet. This was in the May following, at which time

Olive was elected governor, and his council made to consist of Robert

Stacy, William Biddle, Robert Dusdale, John Gosling, Elias Farre,

Daniel Wills, Richard Guy, Robert Turner, William Emley and Christopher

White.

The mission of Jenings was only partially successful. The differences

between Byllynge and the people were referred to the “judgment and

determination” of George Fox, George Whitehead, and twelve other

prominent Friends; whose award was to the effect that the government

was rightfully in Byllynge, and that they could not find any authority

for a governor chosen by the people. This award was made in October,

1684, but was signed by only eight of the fourteen referees, George

Fox not being one of them. The document subsequently became the cause

of much discussion. As late as 1699 it was printed with the addition

of many severe reflections upon the action of Jenings and his friends,

drawing from him equally harsh animadversions upon those from whom they

emanated. In accordance with this award Byllynge asserted his claims

to the chief authority over the Province, and no important concessions

appear to have been made to the people.

In 1685 Byllynge appointed John Skene to be his deputy-governor; and

on September 25 the Assembly, expressly reserving “their just rights

and privileges,” recognized him as such, Olive continuing to act as

chairman, or speaker, of the Assembly.

Harmony to a great extent prevailed for some time, Skene not attempting

to exercise any authority not generally acknowledged by the people;

but in 1687 Byllynge died, and Dr. Daniel Coxe of London, already a

large proprietor, having purchased the whole of Byllynge’s interest

from his heirs, after consultation with the principal Proprietors in

England, decided to assume the government of the Province himself. But

while he thus assumed, in his own person, rights which the people had

claimed as theirs, he did not refrain from granting to them a liberal

exercise of power, giving assurances that all reasonable expectations

and requests would be complied with, and that the officers who had been

chosen by the people should be continued in their several positions.

It is somewhat more than doubtful if Coxe ever visited the Province at

all, and indeed he probably did not; meanwhile Byllynge’s deputy, John

Skene, acted for him till the death of the latter in December, 1687,

when Coxe appointed Edward Hunloke in his stead.

* * * * *

It was during Lawrie’s administration in East Jersey that the first

steps were taken to settle the boundary line between that Province

and New York. The subject was discussed by him and Governor Dongan

at an early date; and on June 30, 1686, a council was held, composed

of the two deputy-governors and several gentlemen of both New York

and New Jersey, at which the course to be pursued in running the line

was agreed upon. The points on the Hudson and Delaware rivers were

subsequently determined; but nothing further was done for several

years, and nearly a century elapsed before the line was definitely

settled.

Narrative and Critical History of America, Vol. 3 (of 8) English Explorations and Settlements in North America 1497-1689 · 第 15 / 24 章