Territoryes or Places (Tangier onely excepted) shall before... [March 25, 1664]... and all such as shall hereafter be made Governours or Commanders of any of them shall before their entrance upon the execution of such trust or charge take a Solemne Oath before such person or persons as shall be authorized by His Majestie His Heires and Successors to administer the same to doe their utmost within their respective Governments or Commands to cause to be well and truely observed what is in this Act enacted in relation to the Trade of such Lands Islands Plantations Colonyes Territoryes and Places under the penaltie of being removed out of their respective Governments and Commands. And if any of them shall be found after the takeing of such Oath to have wittingly and willingly offended contrary to what is by this Act required of them, that they shall for such Offence be turned out of their Governments, and be incapeable of the Government of any other Land Island Plantation or Colony, and moreover forfeite the summe of One thousand pounds lawfull money of England . . .

[VII.] AND it is hereby further enacted That if any Officer of the Customes in England Wales or Towne of Berwicke upon Tweede shall give any Warrant for or suffer any Sugar, Tobaccho, Ginger, Cotton, Wooll, Indico Speckle Wood or Jamaica Wood Fusticke or other Dying Wood of the growth of any of the said Lands Islands Colonyes Plantations Territories or Places to be carryed into any other Country or Place whatsoever untill they have beene first unladen bona fide and putt on shore in some Port or Haven in England or Wales or in the Towne of Berwicke, that every such Officer for such Offence shall forfeite his place and the value of such of the said Goods as he shall give Warrant for or suffer to passe into any other Country or Place.

No. 29. Grant to the Duke of York

March 12/22, 1663/4

THE province of New Netherland, granted to the Duke of York, brother of Charles II., in March, 1663/4, was not surrendered to the English until the following August. By the treaty of Breda, in 1667, the English occupation was confirmed. On the renewal of the war between England and the United Netherlands, in March, 1672/3, New York was retaken by the Dutch, and a

general act of confiscation was passed, including in its scope property of the King and of the Duke of York; but the treaty of Westminster, in 1674, providing for a mutual restoration of conquests, reëstablished the English control. To remove any doubt as to the validity of the grant of 1664, and other grants made under it, due to the temporary occupation by the Dutch, a second grant was made June 29/July 9, 1674, in terms only verbally different from the first. REFERENCES.- Text in Documents relating to the Colonial History of New York, II., 295–298. On the English conquest, see Brodhead's History of New York, II., III.; Sainsbury's Calendar of State Papers, Colonial, V. The socalled "Duke of York's Laws," 1676-1682, have been reprinted by the State of Pennsylvania (Harrisburg, 1879), in a volume containing also the charter and early laws of Pennsylvania.

CHARLES the Second, .

...

Know ye that we

by these presents for us Our heirs and Successors Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New Scotland in America and from thence extending along the Sea Coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the furthest head of the same as it tendeth Northwards and extending from thence to the River Kinebequi and so Upwards by the Shortest course to the River Canada Northward And also all that Island or Islands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod and the Narrow Higansetts abutting upon the main land between the two Rivers there called or known by the several names of Connecticut and Hudsons River together also with the said River called Hudsons River and all the Land from the West side of Connecticut to the East side of Delaware Bay and also all those several Islands called or known by the Names of Martin's Vinyard and Nantukes otherwise Nantuckett. . . . And all our Estate, Right, Title, Interest, Benefit, Advantage, Claim and Demand of in or to the said Lands and Premises or any part or parcel thereof And the Reversion and Reversions Remainder and Remainders together with the yearly and other the Rents, Revenues and Profits of all and singular the said Premises and of every part and parcel thereof. . . And the said James Duke of York doth for himself his Heirs and Assigns covenant and promise to yield and render unto us our Heirs and Successors of and for the same yearly and every year

forty Beaver skins when they shall be demanded or within Ninety days after And We do further . . . Grant unto our said Dearest Brother James Duke of York his Heirs, Deputies, Agents, Commissioners and Assigns by these presents full and absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us Our Heirs and Successors who may from time to time adventure themselves into any the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established And in defect thereof in cases of necessity according to the good discretions of his Deputies, Commissioners, Officers or Assigns respectively as well in all causes and matters Capital and Criminal as civil both marine and others So always as the said Statutes Ordinances and proceedings be not contrary to but as near as conveniently may be agreeable to the Laws, Statutes & Government of this Our Realm of England And saving and reserving to us our Heirs and Successors the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given And further that it shall and may be lawful to and for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or names stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and singular Governors, Officers and Ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid parts and Islands And also to make, ordain and establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Government and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto

And We do further . . . Grant . . . That it shall and may be lawful to and for the said James Duke of York his heirs and Assigns in his or their discretions from time to time to admit such and so many Person and Persons to trade and traffic unto and within the Territories and Islands aforesaid and into every

or any part and parcel thereof and to have possess and enjoy any Lands or Hereditaments in the parts and places aforesaid as they shall think fit according to the Laws, Orders, Constitutions and Ordinances by Our said Brother his Heirs, Deputies, Commissioners and Assigns from time to time to be made and established by virtue of and according to the true intent and meaning of these presents and under such conditions, reservations and agreements as Our said Brother his Heirs or Assigns shall set down, order, direct and appoint and not otherwise as aforesaid.

No. 30. Grant of New Jersey to Berkeley and Carteret

June 20/30, 1664

THE grant of New Jersey to Lord Berkeley and Sir George Carteret, like the grant from Charles II. to the Duke of York, on which it was based, was made before the grantor was actually in possession of the territory granted. Berkeley and Carteret were already interested as proprietors in the Carolina colony, and were on intimate terms with the Duke of York. For the subsequent history of the grant, see the notes to Nos. 35 and 36, post.

REFERENCES.

·Text in Leaming and Spicer's Grants, Concessions, and Original Constitutions of New Jersey (ed. 1881), 8–11.

THIS INDENTURE made the four and twentieth day of June, in the sixteenth year of the reign of our sovereign Lord, CHARLES the Second . ., Annoq. Domini, 1664. Between His Royal Highness, JAMES Duke of York, and Albany. . ., of the one part: John Lord Berkley, Baron of Stratton, and one of His Majesty's most Honourable Privy Council, and Sir, George Carteret of Saltrum, in the County of Devon, Knight and one of His Majesty's most Honourable Privy Council of the other part: [A recital of the grant of March 12/22, 1663/4, to the Duke of York, follows.] Now this Indenture witnesseth, that his said Royal Highness JAMES Duke of York, for and in consideration of a competent sum of good and lawful money of England to his said Royal Highness JAMES Duke of York in hand paid by the said John Lord Berkley and Sir George Carteret, before the sealing and delivery of these presents, the receipt whereof the said JAMES Duke of York, doth hereby acknowledge, . . . by these presents,

doth grant, bargain, sell, release and confirm unto the said John Lord Berkley and Sir George Carteret, their heirs and assigns for ever, all that tract of land adjacent to New England, and lying and being to the westward of Long Island, and Manhitas Island, and bounded on the east part by the main sea, and part by Hudson's river, and hath upon the west Delaware bay or river, and extendeth southward to the main ocean as far as Cape May at the mouth of Delaware bay; and to the northward as far as the northermost branch of the said bay or river of Delaware, which is fortyone degrees and forty minutes of latitude, and crosseth over thence in a strait 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 Ceaserea or New Jersey: . . . in as full and ample manner as the same is granted to the said Duke of York by the before-recited Letters Patents; and all the estate, right, title, interest, benefit, advantage, claim and demand of the said JAMES Duke of York, of in or to the said [tract of land] and premises, or any part or parcel thereof . . . : All of which said tract of land and premises were by indenture, bearing date the day before the date hereof, bargain'd and sold by the said JAMES Duke of York, unto the said John Lord Berkley and Sir George Carteret, for the term of one whole year to commence from the first day of May last past, before the date thereof, under the rent of a peper corn, payable as therein is mentioned as by the said deed more plainly may appear: by force and virtue of which said indenture of bargain and sale, and of the statute for transferring of uses into possession, the said John Lord Berkley and Sir George Carteret, are in actual possession of the said tract of land and premises, and enabled to take a grant and release thereof, the said lease being made to that end and purpose, to have and to hold all and singular the said tract of land and premises; with their, and every of their appurtenances, and every part and parcel thereof. . . for ever; yielding and rendering therefore unto the said JAMES Duke of York, his heirs and assigns, for the said tract of land and premises, yearly . . . the sum of twenty nobles of lawful money of England, if the same shall be lawfully demanded at or in the Inner Temple Hall London, at the feast of St. Michael the Arch Angel yearly. . .