No. 35. Grant of New Jersey to Carteret

July 29/August 8, 1674

THE territory granted to Berkeley and Carteret by the Duke of York, in 1664 (No. 30), had not been divided. In March, 1673/4, Berkeley conveyed his undivided moiety to John Fenwick, a Quaker, in trust for Edward Byllynge, for £1000. The grant of July, 1674, confirming Carteret's interest in the original grant of 1664, made for the first time a division of New Jersey, and gave to Carteret the eastern portion of the province.

Text in Leaming and Spicer's Grants, etc. (ed. 1881),

[The conveyance recites the grant of June 29/July 9, 1674, to the Duke of York, and continues:]

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 Royal Highness in hand paid by the said Sir George Carteret . . ., by these presents doth grant, bargain, sell, release and confirm unto the said Sir George Carteret, his 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 extends southward as far as a certain creek called Barnegatt being about the middle, between Sandy Point and Cape May, and bounded on the west in a strait line from the said creek called Barnegatt, to a certain creek in Delaware river, next adjoining to and below a certain creek in Delaware river called Renkokus Kill, and from thence up the said Delaware river to the northermost branch thereof, which is in forty one degrees and forty minutes of latitude; and on the north, 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 Cæserea or New Jersey.

No. 36. Quintipartite Deed

July 1/11, 1676

SHORTLY after the conveyance to Fenwick, in 1673/4, of Berkeley's undivided moiety of New Jersey (see note to No. 35), a dispute arose between

Fenwick and Byllynge in regard to their respective interests. The matter was referred to the decision of William Penn, who awarded one-tenth to Fenwick and nine-tenths to Byllynge. In February, 1674, Byllynge having failed in business, his share was conveyed to William Penn, Gawen Laurie, and Nicholas Lucas, for the benefit of his creditors. Fenwick's share was leased for one thousand years to John Eldridge and Edmond Warner, who conveyed it to Penn and his associates in order to enable the latter to make a new division of New Jersey with Carteret, the division made by Carteret's grant of 1674 being thought inequitable. By this quintipartite deed, the province was divided into East and West New Jersey, East New Jersey being assigned to Carteret, but with boundaries somewhat different from those laid down in the grant of 1674. The proprietors of West New Jersey, still acting as trustees of Byllynge, reconveyed one-tenth of their share to Eldridge and Warner; and in 1680 this division was confirmed by a new grant of West New Jersey from the Duke of York, in which, however, the governmental rights were reserved to Byllynge and his representatives. Fenwick still asserted rights in the premises, and his efforts to maintain them led to protracted controversy with the proprietors, and with the authorities at New York.

REFERENCES. - Text in Leaming and Spicer's Grants, etc. (ed. 1881), 61-72; the same work contains the various deeds and conveyances enumerated above. On the controversy with Fenwick, see Hazard's Annals of Pennsylvania, 419 seq.; for the documents, see New Jersey Archives, I.

[The deed recites the grant of 1664 to the Duke of York, the grant of the same year from the Duke of York to Berkeley and Carteret, the conveyance of March, 1673, from Berkeley to Fenwick, and the agreement of February, 1674, between Fenwick, Byllinge, Penn, Lawry and Lucas, and continues:] And Whereas they the said Sir George Carteret, William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge; have agreed to make a partition between them of the said tract of land, and of the said several and respective premises whereof they now stand so seized as tenants in common as aforesaid, and it hath been agreed between them, that the said Sir George Carteret shall have for his share and part of the said tract of land, and of the said several and respective premises to be holden by him. . ., and to be from henceforth called . . . by the name of East New Jersey, all that easterly part . . . of the said tract of land and premises, lying on the east side and eastward of a strait and direct line drawn thro' the said premises from north to south. . . . And that the said William Penn, Gawn Lawrie, and Nicholas Lucas, shall have their share and part of the said tract of land..., to be holden by them. . . in severalty. . subject to the same trust for the benefit of the said Edward Billinge, as the said

...

undivided moiety was subject, and to be from henceforth called by the name of West New Jersey, all that westerly part . . . of the said tract of land and premises, lying on the west side and westward of the aforesaid strait and direct line drawn thro' the said premises from north to south as aforesaid, as is hereafter also particularly described. Now these presents witness, that in pursuance and performance of the said before recited agreement, and for the better perfecting of the said, conditions are agreed to be made as aforesaid; and for and in consideration of five shillings to them the said William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge in hand paid by the said Sir George Carteret. the said Edward Billinge William Penn,

Gawn Lawry and Nicholas Lucas . . . do . . . convey unto the said Sir George Carteret, his heirs and assigns forever, all that easterly part. . . of the said tract of land and premises so granted and conveyed by his said Royal Highness the said JAMES Duke of York, unto the said John Lord Berkeley and Sir George Carteret as aforesaid, extending eastward and northward along the sea coast and the said river called Hudson's river, from the east side of a certain place or harbour lying on the southern part of the same tract of land, and commonly called or known in a map of the said tract of land, by the name of Little Egg Harbour, to that part of the said river called Hudson's river, which is in forty-one degrees of latitude, being the furthermost part of the said tract of land and premises which is bounded by the said river, and crossing over from thence in a strait line, extending from that part of Hudson's river aforesaid to the northermost branch, or part of the before mentioned river called Delaware river, and to the most northerly point or boundary of the said tract of land and premises, so granted by his said Royal Highness JAMES Duke of York, unto the said Lord Berkeley and Sir George Carteret, now by the consent and agreement of the said parties to these presents, called and agreed to be called the north partition point, and from. . . the said north partition point extending southward by a strait and direct line, drawn from the said north partition southward, thro' the said tract of land, unto the most southardly point of the east side of Little Egg Harbour aforesaid; which said most southardly point . . . is now . . . called and agreed to be from henceforth called, the south partition point: and which said strait and direct line . . . is now by the consent

and agreement of the said parties to these presents, called and agreed to be called, the line of partition, which is the line herein before mentioned to be intended . . . for the dividing and making a partition or separation of the said easterly part . . . from the westerly part . . . of the said tract of land and premises, so conveyed by his said Royal Highness aforesaid, in and by these presents intended to be . . . convey'd by the said Sir George Carteret unto the said William Penn, Gawn Lawry and Nicholas Lucas.. ; which said easternly part. is now . . . called and agreed from henceforth to be called, by the name of East New Jersey; . . . [And in further performance of the before-mentioned agreement, and in consideration of a like sum of five shillings,] the said Sir George Carteret . . . doth by these presents ... convey unto the said William Penn, Gawn Lawry, and Nicholas Lucas, and to their heirs and assigns forever, all that westerly part . . . of the said tract of land and premises so granted by his said Royal Highness, the said JAMES Duke of York, unto the said John Lord Berkley and Sir George Carteret, as aforesaid; and which said westerly part . . . is . . . extending southward and westward, and northward along the sea coast, and the before mentioned bay and river commonly called and known by the name or names of Delaware bay and Delaware river, from the said south partition point before mentioned . . ., unto the said north partition point . . . ; and from. . . the said north partition point, extending southward unto the said south partition point,. by the said before mentioned strait and direct line called the line of partition . . . ; all which said westerly part . . . [is] called and agreed from henceforth to be called by the name of West Jersey. . .

No. 37.

Concessions and Agreements of
West New Jersey

March 3/13, 1676/7

THE Concessions and Agreements of West New Jersey, signed by 151 of the proprietors, freeholders, and inhabitants, were probably in large part the work of William Penn, and are interesting, aside from their liberal provisions, as the earliest example of Quaker legislation in America.

REFERENCES.

Text in Leaming and Spicer's Grants, etc. (ed. 1881), 382-411. The laws passed in West New Jersey, 1681-1701, are in ib., 423– 587.

THE CONCESSIONS AND AGREEMENTS OF THE PROPRIETORS, FREEHOLDERS AND INHABITANTS OF THE PROVINCE OF WEST NEW JERSEY, IN AMERICA.

[Chapters I.-III. provide for the appointment of commissioners to administer the affairs of the province until the meeting of a general assembly. Chapters IV.-XII. contain provisions regarding the allotment, survey, registration, and possession of land, quit-rents, taxation, etc., similar to those in the Concessions of 1665 (No. 31).]

CHAPTER XIII, That these following Concessions are the Common Law, or Fundamental Rights, of the Province of West New Jersey.

That the common law or fundamental rights and privileges of West New Jersey, are individually agreed upon by the Proprietors and freeholders thereof, to be the foundation of the government, which is not to be altered by the Legislative authority, or free Assembly hereafter mentioned and constituted, but that the said Legislative authority is constituted according to these fundamentals, to make such laws as agree with, and maintain the said fundamentals, and to make no laws that in the least contradict, differ or vary from the said fundamentals, under what pretence or alligation soever.

CHAPTER XIV. BUT if it so happen that any person or persons of the said General Assembly, shall therein designedly, willfully, and maliciously, move or excite any to move, any matter or thing whatsoever, that contradicts or any ways subverts, any fundamentals of the said laws in the Constitution of the government of this Province, it being proved by seven honest and reputable persons, he or they shall be proceeded against as traitors to the said government.

CHAPTER XV. THAT these Concessions, law or great charter of fundamentals, be recorded in a fair table, in the Assembly House, and that they be read at the beginning and dissolving of every general free Assembly: And it is further agreed and ordained, that the said Concessions... be writ in fair tables, in every common hall of justice within this Province, and that they be