,C{sa, -\5 This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy ofthe book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. /u^^e^fcX T*~ RECORD OF THE GOVERNOR & COUNCILL IN E AST JERSIE ANNO— DOM— l682 ~ I 7O3 Righteousness Exalteth a Nation Concordia res parva crescunt dlscordia magna labuntur CHAPTER DXLV. An Act tor the Better Preservation of the Early Records of the State of New Jersey. 1. Be it Enacted by the Senate and General Assembly of the State of New Jersey, That the commissioners of tbe state library be and are hereby authorized to print by contract to be awarded to tbe lowest bidder, and distribute to the different state libraries of the United States, and to such other public libraries as they shall name, the three manuscripts now in the state library, containing the minutes of the colonial and revolutionary history of the State.- 2. And be it enacted, That the Comptroller is hereby authorized to draw his warrant upon the state treasurer for the necessary sum required for the same, upon the order of the commissioners of the state library. 3. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved April 6, 1871. THE JOURNALL OF THE PROCEDURE OP THE Governor and Councill OP THE PROVINCE OF EAST NEW JERSEY FROM AND AFTER THE First day of December Anno Dmni— 1682 Published by Authority of the Legislature. JERSEY CITY: Printed by John H. Lyon. 1872. The Governor and Proprietors of the Province East New Jersey To our trusty and -well beloved Collonoll Lewis Morris Cap* John Berry Cap' John Palmer Cap* William Sandford Lawrence Anderson and Benjamin Price Send Greeting Wee being well Assured of every of your Capacity wisdome pru dence and Integrity in the management of the publick affaires of the said Province have made choise of Constituted and ap pointed and by these presents doe make choise of Constitute and appoint you the said Collonell Lewis Morris Cap* John Berry Cap* John Palmer Cap' William Sandford Lawrence Anderson and Benjamin Price and every of you to bee of the Councill for the management of the publick affaires of this Province and to be Assistant to the Governor or Deputy Gov ernor of the said Province in all debates Consultations Reso lutions and prosedures as well in the Councill as in the gen eral Assembly of this Province and otherwise and in all mat ters causes cases and things belonging to the office and place of a Councellor you and every of you are to doe and Act to the best of your skill knowledge & discretion and according to our Instructions and the lawes and Constitutoins of this Province. Given under the seale of the said Province att Elizabeth Towne — this tenth day of December Anno Domi one Thousand Six Hundred Eighty and two Anno : RRs Cartr Sidi Angt &c ccciiii°| Tho.mas Rudyard. Province of East ) The Subscripc'on of the Councill the 28th New Jersey — j day of ye 12-mo called February 1682 — Wee and every of us whose names are hereunder written Doe Severally and each for himselfe, Solemnly promise to beare true Allegiance to the King of England his heires and Successors And to bee true and faithfull to the Interest of the Lords Proprietors of the said province and to their heires Executors and Assignes and Endeavor the peace, and wellfare of the said Province And that every of us respectively now being of the Governors Councill Shall and will will to the best of our Judgement and at all times Freely and Faithfully give our advice to the Governor for the good man agement of the Publick affaires of this Province. And Shall not nor will not reveale directly nor indirectly to the Injury or prejeduse of the Governor and Lords Proprietors any matters as shall bee debated in Councill or Committed by them to our Secrecy But in all things doe and act as true and Faithfull Counsillors when thereunto required — Lewis Morris — John Berry — J. Palmer — Lawrence Anderson — Wm Sanford — Benjamin Prise — Att a Councill held the day and year above written The Deputy Governor — Coll Lewis Morris — p'rsent Cap' palmer — Cap* Sanderson — Benjamin Prise — The bookes and papers relateing to the publick concerns of the said Province and which Cap* Vickars the late Secretary had delivered to the Governor now brought here and Inspected which are as followeth viz — 1 One bound booke writt by Cap* Bollen late Secretary de ceased one Side Entituled the Record of Lands from the yeare 1665 to the yeare 1677 — the other side of the book Entituled Record of Articles Conveyances and Leases for Land &c — 2 One other bound booke writt and Entred by the said Cap* Bollen Titled on one Side Record of those that have taken and Subscribed the oath of Allegiance to the King and fidelity to the Lords Proprietors of New Jersey Anno Dmn 1665 the other side of the book titled the Record of Concessions War rants &c granted by the Governor of New Jersey Anno 1665 3 One other bound booke writt and entred by Cap* Bollen Titled Record of Warrants for the laying out of land and the Surveyors Certificates Anno 1675 1676. The other side thereof titled Records of Pattents for Land Anno 1678 — 4 One bound book writt and entered by Cap' Vickers the one Side conteyning 15 folios being the Entry of the Retorns of of Surveyes Indian Pattents and Inventoryes of Estates of per sons deceased. The other Side Containeing fol 36 being the Entry of Indian Graunts the Governors Pattents for Land and Entryes of the present proprietors Deeds for this Province and Some other matters — 5 A paper book not bound but about a quire of paper Stich't up and writt by Cap* Vickers one fol' and a peese of the Retornes of Surveyes and a license for a marriage entered in a leafe att some distance from the former — 6 A Trunk of Cap* Bollens papers putt into order by the Governor Clerk and Cattalogued but whether all not known the said trunk being broke open and the papers promiscous when delivered — The trunk were Cap' Bollens papers and all bookes entered by Cap* Bollen were by the mutuall consent of the said Governor and Councill and also the Deputyes in their last Assembly Sealed up in the said Trunk at this Councill is Informed, broke open by Cap' Vickers & al without consent of the Deputyes — Att a Council held the first day of the Is' moneth called March Anno Dmn 168f Thomas Rudyard Deputy Governor & Pro prietor — William Penn — ) Samuell GroomefPr°Prietor8 Pr'sent — Collnl Lewis Morris Cap' Berry Cap' Palmer Cap* Sandford Lawrence Anderson — Benj Prise — The Deputyes of the Province appearing — the proprietors Deed of purchase from the Excrutrix and Trusttees of Sr Geo. Carterett deceased as also the letter from the Governor and proprietors to the Inhabitants of this Province and also the Depty Governor's Commission were openly read and Shewed to the Deputyes, After which were directed to choose their Speaker and Clerk in order to present them here — And with drew It's 8 It's Agreed that George Jewell bee the Messenger of the Councill untill further order — It's agreed that the Messenger of this Councill forthwith Summon Cap' Vickars to appear before the Councill — Cap' Vickars came here before the Councill and being desyred to deliver up the Seales and papers hee answered that as to the Seales he hath them not but that they are in the hands of the widdow Carterett And as to the papers and publick concernes of the late Governor and Councill in his hands power and Custody hee Shall deliver them up to the Governor and Councill — and that they bee given up by him forthwith and a Solemme Attestac'on under his hand that directly or Indirectly hee hath retained none which hee hath not deliv ered up either in his own Custody or in the power or Cus tody of any other person by his order or for his use — And upon further debate hereof it is agreed that Samuell Groome one of the proprietors and and Cap' Berry see the papers Secured — And Cap' Berry and Samuel Groome are also ordered that fbey desire the Widdow Carterett to send here to the Councill the two Seales of the province One used in the tyme of the joint proprietors'p of the Lord Berkely and Sr George Carterett and the other in the tyme of the proprietorship of Sr George Car terett and which were made use of in the time of the late Gov ernor Cap' Carterett — The Deputys comeing were called in to the Governor and Counc : presented John Bound for their Speaker and Isaac Whitehead for their Clerk who were approved of by the Coun cill — The Speaker acquainted the board that there was a want of their Deputyes viz — Coll Morris who was Elected for Shroesbury — Agreed that a new writt bee Issued out for the choise of a Deputy to Serve in his Stead A petition of Jn° Inions and Joseph Benbriggs read — the purport thereof requesting y' lands which they and their Associates had purchased of the Indians which had by the late Surveyor Generali been Surveyed and a returne ofthe Survey made into the Secrettaryes office might be pattented according to the said Survey — on perusall of the bookes it ap peares that warrant was granted to lay out for the petic'oners & Associates 30th 9r 1681 6000 Acres and that the Surveyor had layed out 7680 Acres, and had not reserved any Sevenths to the Proprietors — The Further Consideration thereof is deferred until to morrow morning — And the Councill Adjourned to the Eight houre tomorrow morning — Att of the Counc: Att a Councill held 2 day of the first month called March Anno Dm1 168| Prsent Tho Rudyard D Governor & p'pr . William Penn & ) , Sam" Groome } P>08 Coll1 Morris— "j Cap' Berry — Cap' Palmer — Cap' Sandford — Law : Andress & Ben Prise — Capt Berry reportes hee has received from Capt Vickers severall pape's of publick Concerne wch Capt Vickers affirmed was all hee had relateing to goverment and publick Concerne of the p'vince — A bill sent sent here by the Deputyes to voyd all Courts and p'ceedures in this p'vince since the 2^ November 1681 — A message here alsoe from, the Deputyes We are sent by the house of Deputyes to lett you know that wee have Considered of the Conveyances and Com'issions yesterday read And are satisfied w'h the reasonable and legall pt of them saveing unto vs our rights and desire a faire Correspon dence, then the Deputyes desire to know what's become of the publick records books and pap's wch were by the Joynte Con sent of the late Governor Counc: and Deputyes att the session of the late Assembly sealed up and secured — They w'h-drew — Coming in again A reporte was made to them what was yesterday don wth Captn Vickers — and alsoe accompt what books and pap's have bin recd and in what Order but by whome or how the same were broken vp wee know not — Sam11 Groome and Captn Bessy Desired to goe to the Widdow Carterett and demand of her the seales and to bring w'h them Captn Vickers — . Captn Vickers here A question askt who opened the Records books and paps Ans That the Governor and pt of his Councill Ordered them to bee broke up and were by them broke open in p'sence of two freehold13 and then a Catalogue of all the Irrasures and Inter- liniations made in the booke or Entys. Vickers ordered to w*h draw — whereupon he delivered here the late seale of the p'vince vsed in the p'prietorship of Sr George Carterett — * Sam11 Groom and Cap* Berry reporte that the Widd: Carte rett A. 10 rett solemnly affirmed there was no other seales to her know ledge. Cap' Vickers Cald in againe These questions askt him by the Councill lBt Wherefore the Deputys were called in to seale up the Records, 2 Why broke open w'hout them — 3 Whether they are in the same Condition as they where when sealed up — The first question wav'd by Cap' Vickers — To the second hee answereth that the Deputyes had not the Constitution of the Secretary nor keeping of the Records they had not power of them neither ought to bee concerned with them in his opinion — To the third he would p'duce the Catalogue of Irrasures to evidence that the books are not abused and then wthdrew — Sam11 Windor and James Graham prsented here a petition w*h their former Case here prsented ww being read It's agreed that it bee fyled And that Capt Brickhouse and other the p'sons concerned have nothin thereof and Coppy of the Case and pe'tion that a heareing between the p'tyes may bee in Con venient tyme had Captn Vickers againe cal'd in brought here the Catalogue of Irrasures — In fol 60 of the book of Entryes of pattents in the margent ag* the pattent made for 2000 Acres to Rob' Vauquellin upon examination those appeares an irrasure on woh is writt 1674 Hackinsack — Wee finde on examination that this irrasure and writeing was not notified by the Catalogue of irrasures — and Captn Vickers being here p'sent alledged that hee believed the same to be an irrasure but was not there when hee Received the books — John Inions and Joseph Benbridge came into the Councill board and after the debate and Consideration thereof by the p'prietors alone and also in Councill The result was that the said John Inions and Joseph Benbridge and associates should have pattents for the land according to the p'portion mentioned in the warr' for Surrey in fol 142 vizt John Inions 1000 Acres and all the other 500 Acres apeece at £ p Acre and that the whole overplus of the tract of land shall bee appropriated to the p'prietors in liew of their sevenths to bee laid out by the Surveyer Generali and that the p'prietors shall pay and alow to the said John Inions and associates apportionable pt of the Indians p'9 for the said overplus Adiorned to 3 afternoone post 11 post Meridiem A Message from the Deputyes — The Deputyes desireing an answer whether the bill here brought from them this forenoone were passed here or noe — Ans: That it being of weight and haveing much urgent business vpon our hands — wee had not Considered the same but would speedely, Take the same into Consideration and when ready returne them answer by a Messenger of our owne — The Bill entitled a Bill to make voyd the p'ecedure of sume late Courts w'h amendm'8 read and passed here by the board, And delivered to the Messenger aboue who came here for our Answer — A Bill brought here by the Dep,uteyes to Constitutes high Sheriffe for this province — Cap' Berry and Cap' Sandford to desire a Conference in the Councill Roome w'h the Deputyes or a Com'itte of them this Evening by 7 Clock — Adjouned till 7th hour A petic'on by William Johnson and Jeffery Jones ag' Rob' Vanquillin read and agreed to be filed — And the Councill adjourned to the eight hour next moorning. Att a Councill held the 3rd day of the l8' month called March Anno Dni 168f Tho. Rudyard, D Governor & p'pr — William Penn & ) , \ Sam" Groome fPPr— Coll Morris — ") Prsent Cap' Berry — j Cap' Palmer — I - ., ^ CaJ* Sandford !> of the Connc : Law : Andress & Ben Prise — Lawrence Andress tendring the Admi'stration of James Bol lens Estate appraism' and sale might bee Entred in the Secre- tarys office vpon view thereof. — It appears 1st the letters of admi'stration bear date the 12th Day of September 1682. 2 The appraisement the 27*" March 1682 3 The sale of the Estate the 28th of September 1682 amount ing 12 ing to 93li 15B ld — Lawrence Andress declaredhere in Councill that he was w'h the Governor Phillip Carterett in December last woh was after the p'prietors arivall here and then and not before the Governor sealed the letters of Admi'stration in Lawrence Andress p'sence and delivered them to him in com pany of Capt Vickers — Wee observe the sale of the Estate and disposition was some months before the Admi'stration granted — Lawrence Andress Alledges he never had any p* of the Es tate or received or disposed any p' thereof- Wee finde not that any bond was given for the due admini'- stration thereof wch is aledged in the Admi'stration to bee entred into the 12th Sep* 1682 — A Bill drawne for Constitution of Sheriffs read and amend ed— A petic'on for Cap' Baker read — Adiourned to 2 afternoone post meridiem James Graham came to the Councill here and desired that noe furthur p'ceedure might be had here upon his Case and petition formerly delivered and that the [hee] might w'hdraw the same It's agreed and ordered that hee [the] same be delivered back vnto him wh was done accordingly — The bill to make voyd the p'ceedings of some late Courts read heare a second tyme and signed onely by their Clarke It's agreed that it bee transcribed and signed by their speaker and then by the Governor — Ordered by the Governor and Councill That .James Emott be Clarke of the Councill and Deputye Secretary dureing the pleasure of the Deputy Governor — The bill to make voyd the p'ceeding &c and to Constitute Sheriffs given here to the Deputyes — The Deputyes brought the said bills downe againe Ordered that the bill to avoyd the p'ceedings of some late Courts bee signed by the Governor — Ordered that the bill for Constitu'ion of Sheriffs bee signed by the Governor — woh was done accordingly — Ordered that the said bills be carryed vp to the house of Deputyes soo signed by Cap' Palmer and Ben Prise two of the Councill — woh was done accordingly — A 13 A Bill disinabling severall p'sons &c was heere read the first tyme — A petic'on from Daniel Hoop Mrchant to have the benefitt of land according to Concessions for nine servants &c — Ordered and agreed that hee have the p'porc'on of Jand in lieu of p'sons transported according to the Tenor of the Con cessions and have warr* for the same hee bringing in names of his servants and famely transported — Adjourned till next 2d day eight of the Clock in the moorne ing— Att a Councill held the 5*b day~of the Is' month called March Anno Dni 168f Pr'sent Tho: Rudyard D Governor & p'pr — William Penn & ) , Sam11 Groome ^ P P Coll Lewis Morris Cap' Berry Cap' Palmer Cap* Sandford Law Andres & Ben Prise — ? of the Counc: Agreed that a message be sent to the house of Deputyes to desire a Conference this afternoone vpon the substance of the Bill for Disinableing severall p'sons &c to bee sent by Cap* Berry and Captn Sandford A petic'on of Cap* Baker p'sented here and read — As to the petic'on for his 1200 Acres of land for w011 hee had a warr* and delivered the same to R Vauquillin late Sur veyor — ¦ Agreed that the matter bee heard and Considered to morrow moorneing 8th a Clock R. Vauquillin having notice thereof. And as to the 2d petic'on agreed that tomorrow moorneing hee bring in a p'ticular of his Charges — that the substance of the petic'on may bee further Considered. The petic'on of William Johnson and Jeffery Jones, Ex hibited the second instant — it being Joynte and their Case distinct and divers, Agreed the w*hdraw their petic'on and petic'on sepa'tely — if the [they] see Cause soe to Doe. Agreed that Capt Vickers & other p'sons who were of the late Governors Councill since the death of the late Secretary Cap* Bullen and are here in towne may here notice to bee here in 14 in Councill at 3 A Clock this afternoone to Attend a Conference relateing to them w"1 the House of Deputyes — The petic'on of Cap* Palmer and Thomas Codrington here read Capt Palmer wthdrawing the Case was debated, hee Cald in againe Inquirey then was of Sc George Carteretts Gift to Pardon wch was p'duced and was dated 31st July 1674 — Then Inquiry was made when Pardon Assigned to Captn Palmer &c And that was the first of December 1680 — Sr George Carterett in Dec 1678 devised att East Jersey &c — and dyes — Adjourned till 2 afternoone Post Meridien The Deputyes came to the Conference the D. Gov* gave them Accompt of the occasion and matter of Conference Wch was to debate the objections and matters Criminall in those p'sons whome by bill they would make Incapable of future office — Captn Vickers — Henry Greeneland — Sam" Etsall and R Vauquillin came alsoe here — and after ye Deputyes Charge and Answer by R. Vickers &c to the matters objected the [they] withdrew — and after due debate and Consideration of the p'misses It's the sence of this board That the matters alledged by the house of Deputyes ag' Robert Vickers ( lately officiateing as secretary of this p'vince] wth his defence being duely and thrughly heard before vs, and after a serious Con- siderac'in of what hath been urged on both sides — Wee doe declare it as our sence That the said Rob' Vickers hath be haved himselfe Impiously and vexatiously ag' the former houses of D'eputyes — And therefore that he ought to Confess his Errors in the house of Deputyes tomorrow, And there doe aske forgiveness or else that hee bee declared Incapable for the future of bearing any office of publick Charge of truste wth in this p'vince dated as abovesaid — Adjourned till 8 tomorrow moorneing Att a Councill held 6th Day of mo-1 called March Anno Dni 188f P'sent Tho Rudyard Dy Governor & p'pr — William Penn & ) , Sam11 Groome— f P Pr— Coll L. Morris Captn Berry I . ., „ Captn Sandford > of the Counc- Captn Palmer Law: Andress — Ben Prise — f The } 15 The house of Deputyes sent here a message desireing the bill brought from their house for disonableing severall p'sons from beareing office of the Counc: Captn Sandford & ( Benj'" Price J The Deputyes sent by Some of their members the Bills re maining in their hands woh were heretofore past wch w'h those lying w*h the Councill are six in number The Act for the gen'all lawes yet lyeing wth the Deputyes, It's ordered that the Acts and Bills passed this Assembly bee forthw*h tran scribed in order to bee published — And that a Message be sent to the Deputyes for them to remitt here the Accompts of the Oathes or Subscriptons to the oath or p'mise of Allegiance to the king and fidelity to the Lords p'prieto'8 and for the due p'formance of their office and Duty as Assembly men In order to the Entring & recording the same in a book according to the Concessions, And that Captn Palmer & Benj" Price carry the same message, And alsoe desire the Deputyes Answer if they Concurr to the Bill for the generali Lawes. A Bill left here w'h the Governor last night after Adjour- ment to p'hibit sale of strong liquors to the Indians read and some observac'ons drawn therein to p'pose to the Deputyes An Act to Enable the freeholders of this p'vince to p'pose and agree divers orders relateing to fenceing and the like sent here from the Deputyes — weh was read, amended Transcribed & read a second tyme and then sent downe to the Deputyes by Captn Palmer and Captn Sandford Agreed and ordered that Captn Palmer and Captn Sandford desire of the Deputyes an Answer to the Message sent from the Councill this day to the Deputyes A Bill for the gen'all Lawes of East New Jersey sent from the Deputyes containing thirty two Articles being the same was sent downe to them & returned Signed by the Speaker to the 28 the Deputyes Ordered that the same bee signed by the Deputy Governor — The Bill to Enable the freeholders of this p'vince to p'pose and agree divers Orders &c sent back here w"' some Alterac'on, — Agreed and order'd that this board Adhere to their former amendm'8 and draw vp reasons for their Adhearancy Received from the Deputyes a Coppy of their Subscripc'on of Allegiance to the king & faithfullness to the p*prietors not mentioned proprietors or Lord proprietors soe not explanatory — It's Agreed and ordered that Captn Berry & Captn Palmer car ry vp the same to be fully expressed according to the Concessions A Bill agst fugitive Servants & Entertainers of them read and ordered to bee signed and Captn Palmer to Cany the Same to the Deputyes The Deputyes here a Conference had about their Subscripc'on as above and about or adhereing to our former Alterac'on of the bill to Enable freeholders to p'pose and agree divers Orders &c Forasmuch as many petic'ons & Addresses have bin & are dayly made & p'sented to the Governor & Councill for Lands to bee laid out in Right of former Claimes & by virtue of warrants granted by the late Governor & Councill, and some to bee Redressed ags' alledged wrongs done to them therein by Robt vauquellin the late Surveyor Gen'all, And in asmuch, as so many returnes of Surv.eys made & p'tended to bee made by the said Surveyor Generali and Entred on Record there are no dates thereunto nor menton made by what warrants or when the lands therein mentioned were Surveyed, wch is apparently Contrary to the Express directon in the gen erali Concessions of this p'vince, and Contrary to the Duty of the said Surveyor Gen'all & may tend to the p'iudice not onely of the p'prietors but alsoe Inhabitants & many the freeholders of this p'vince And the said Sur veyor gen'all altho Shm'oned to appeare before the Governor & Councill refused soe to doe It is therefore ordered that the High Sheriffe of the County of Middx forthw"1 repaire to the house of the said Robert vauquillin & him bring before the Governor and Councill there to Answer to such matters as are and shall be objected ags* him, and that the said High Sheriffe alsoe make search & bring w*h him to this board the said Sur veyors Journall of Surveys & warrants for Surveys of land granted and laid out dureing the tyme hee was Surveyor Generali The better to Evidence & make out the truth of matters now Depending before this board & that cannot bee Determined w'hout a due inspec'on into & examineing the Same Adjourned'to 7 A Clock tomorrow-moorneing Att 29 Att a Councill held the 22th Day of March Anno Dni 168f .p"sent The D' Governor Captn Berry Captn Palmer LftheCounc: Captn Sandford ( Benj" Price The Bill to Enable the freeholders of this P'vince to p'pose and agree Divers Orders &c being Transcribed as it was sent hence att first to the Deyutyes w'h some Additions woh being now read Agreed that it bee soe sent to the Deputyes the Deputy Governor signing the same. To bee sent vp by Captn Palmer & Benj" Price Agreed and ordered that Isaac Kingsland bee made & Com'issionated high Sheriffe of the County of Essex The petic'on of William Johnson of Raway in the County of Essex yeoman ags* R. Vauquellin wch being read it's Ordered, That Robt Vauquellin have notice thereof in Order to the further p'ceedure therein The Bill ags' fugitive Servants & Entertainers of them Sent here from the Deputyes w'h Some amendm'8 wch being read it's agreed and ordered the Bill passe wth the amendm*8 The observatons relating to the Bill ag' the Sale of Strong liquors to the Indians read and ordered that the Same bee sent to the Deputyes & Carryed vp by Captn Berry Captn Palmer Captn Sandford & Benj" Price Ordered that they acquainte the Deputyes that this board expects a returne of the Deputyes Oaths of Sub scripc'on of Allegiance to ' the king & fidelity to the Lords p'prieto'8 The Deputyes sent downe the Same and is as followeth March the first 168f The Deputyes Subscription of Allegiance to the King and fathf ullness to the Lords proprieto'8 of the Province of East New Jersey That I will beare true Allegiance to the King of England his heires and Successors and that I will bee faithful to the In terest of the Lords proprieto'8 of this P'vince their heires Ex- ecuto'8 and Assignes & endeavour the peace and welfare of the said P'vince, And that I will truely and faith fully Discharge the 30 the Trusts reposed in me according to my best Skill and Judgm' w*hout Corrupc'on favour or affection Henry Lyon Sam" Moore Benj'n Parkis Sam" Dennis Rie: Hawthorne Edw: Slater John Bowne John Gillman Joseph Parker Tho: Johnson John Hannce John Curtis Elias Mickellson Elizabeth Towne Mathewis Cornelis March the 22th 168f A coppy of the Records of the house of Deputyes p: me Isaac Whitehead Clerk to Dep'8 It's Ordered & agreed that the Acts and Bills passed and agreed vpon by the Governor and Councill & Dept this Session bee all fairly Transcribed in Order to the p'fecting of the busy- nes of this Session Adjourned to 7 A Clock tomorrow moorneing Att a Councill held 23th Day of March Anno Dni 1682-3 p'sent The Deputy Governor Sam" Groome Captn Berry Captn Palmer J/ of the Counc. Captn Sandford • Benj" Price A Bill Entitled, The penalty of Drunkords read and Agreed the Councill Concurr therein & that the Deputy Governor signe the same The petic'on of David De Marais here read and being called in an Inquiry was made of him what lands hee had purchased of the Indians from woh hee desires to have all the Timber in that Indian purchase for the supplie of his saw Mill altho the land not pattented to him and his Sonns, The land purchased is about two miles in breath and Comeing of to a point, and six miles in length — Agreed that David De Marais have pattents for the lands wch is Surveyed to him and his Sonnes att p. Acre But that wee cannot see reason to grante liberty 31 liberty to Cutt the timber from the land hee takes not vp vntill further matters appeares then what is yett manifested, and that our purpose is to view the same A Bill to punish profaine sweareing and Curseing sent from the Deputyes & after reading, thereof wtb amendment of the word sterling and making it lawfull money — ordered that the Same Bill bee signed by the Deputy Governor — as a testimony of our Concurrance A petic'on presented from the Inhabitantes of Newark woh being read and the Deputyes being here present — It's agreed that a view thereof shalbe in Convenient tyme and the Gover nor hath declared his willingnes to see those Towne bounds the next month the wether being seasonable and nothing extraor dinary p'vent A Bill for the better mainetaineing and vpholdeing the Authority of this province and for the Encourageing the Same — read and agreed, that the Councill concurr thereto and that the Deputy Governor signe the Same A Bill for lib'ty of the subject read amended signed and agreed to bee sent the Deputyes. A Bill for the better vpholding of Authority read and ordered to be passed the Deputy Governor to signe the Same A Bill titled an Act for the militia read and a provisoe made thereto not to extend to p'sons Conscientiously refuseing to beare Arms Agreed that the bill w'h the provisoe bee sent vp to the Deputyes A Bill for punishm' of Incest Adultrey and fornicaton Read — and agreed that the same bee signed by the Deputy Governor and sent vp to the Deputyes for their Concurrancy an* that this bill and all other Bills this day here read & agreed to be Carried vp to the Deputyes by Captn Berry Captn Sandford and Captn Palmer Robt vauquellin was here. Inquirey being made for his Journall of Surveyes — he Answered hee had none nor anything more of Surveyes then was entred on the Records Edward ffox & Robt vauquellin being here the matters op'ned on both sides — It's Ordered by the Councill that hee goe home to his Master & his Master take care of him as his Servant The Bills above menc'oned to be sent this Day, to the Deputyes — brought back here to be Transcribed Adjourned to 7 A Clock tomorrow-moorneing Att 32 Att a Councill held the 24th of March Anno Dni 168| p'sent The Deputy Governor Captn Berry Captn Palmer lf h 0 Captn Sandford & [ Benj" Price Captn Sandford have leave to goe home this moorneing The Deputyes sent vp here a Bill for the better observac'on and keeping holy the first day of the week or Lords Day — wch being read the Councill agreed not therew"1 haveing these exceptions thereto — viz* l8* Ther's an Act already that sufficienly p'vides for ab- stinecy from dayly labour 2 This Enforces people by paynes & penaltyes to worship whether their worship be true or false, if false better none then any, Better to- bee silent than to offer the sacrefice of fooles The worship of the wicked is Abomination to the wholy God. 3. The Bill obligeing all p'sons to worship in publick or pri vate or pay 5d Every p'son who has not witness of his pri vate worship (wch is much if hee has any) must pay 5d It seemes unreasonable to take witness for privat worship.) 4. This bill Insinuates as if the first day were holy wch the holy Scriptures never said more then any other — Every d^ his holy to the Lord — hee has noe profane Dayes, But the noi y scriptures say hee that regardes a Day regardeth it unto the Lord — and hee that regardeth not &c Rom 14. 5. 6. — If one man Esteeme . a day above another, another Esteemes every day alike, Lett every man bee fully p'swaded in his owne minde Lib'ty of Concience ought to bee p'ferred and Licen- ciousness punished wch this Bill Seemes not equally to secure. Rules and Orders for p'ceedings at Com'on Law in the Court of Com'on Right l8* If the plentiffes writt or Capias expresse not the spetiall Cause of Action, Then the Defendant shall not bee held to speciali Bayle to Answer and pay the Debt and damages de manded 33 manded nor shall the Defendant bee bound to goe to tryall the next Terme or session of the Terme next after the Arrest made, but shall have an Imparlance to the succeeding Terme 2 In Case the plentiffes writt or Capias shall expresse the spetiall Cause of Ace' on and the Debt and damages therein demanded or laid shalbe the sume of pounds or vpwards then the Def may bee held to spetiall Bayle and shall bee obliged to goe to tryall the first day of tryall of Causes the Succeeding Terme 3 That in Cases where the Def is Arrested in an Acc'on of Debt detinue Trespas, for goods acc'on vpon the Case (except Slaunder) if the debt or damages amount to tenn' pounds spetiall Bayle is to be given except it bee ag' an heire Executo' or Admistrator 4 That in Covenants because the Damages are vncertaine before the Declaration be delivered wch may bee large Bayle at Discretion 5 That in Battery Conspiracie false Imprisonment noe spetiall Bayle of Course w'hout speciali order from the Court — That slaunder noe spetiall Bayle except in slaunder of title wherein it bee left to the direction of the Court 6 That in all Causes of Removall out of any inferior Court be it by Habeas Corpus, Certiorary, and of all writts of Error to Reverse & Correct Judgm'8 and on all appeales, spetiall Bayle. to bee given 7 Spetiall Bayle in all Cases and Causes above menc'oned shal be vnderstood double the debt or damages demanded laid or Recovered — and Com'on Bayle twenty pounds sterling mony 8 That the principall rendring himselfe att any tyme after Bayle putt in or before or on the day of appearance of the Scire facias returned Scire feci or the second Scire facias re turned niehill or in Case ther shalbe any acc'on of Debt brought vpon the Bond or Recognizance ags' the Bayle then if the principall shall come and render himselfe vpon or before the presses returned served noe further p'ceedings to bee had ags* the Bayle. 8 9 That D 34 9 That in all Causes & Cases where the pi' shall not declare the first terme after the Arrest made (and Com'on Bayle or Spetiall Bayle Entred as the Cause or Case shall require as aforesaid) The Def Entring a Rule for the pi' to Declare the pi' shall bee nonsuited — and the Defend* shall have reasonable Costes ags' him 10 The Defend' shall have six dayes to give in his plea after the pi'8 Declaration delivered — And after issue Joyned the pi' shall give to the Defend' reasonable notice of tryall, that is if in Case the Defend' lives wthin the Countys of Essex & Middx and the tryall to be in either of those Countys — eight days notice, Exclusive, and if in the Countys of Bergen or Monmouth and the Tryalls to be had in either of the Countys of Essex or Middx fourteene days notice of tryall Exclusive. 1 1 That every first day of terme the Justices or Judges of the Court shall according to their direc'on appoint and sett vp in writing one or more days for tryalls of Causes the first to be sixteene dayes att least from the first day of the Terme that all p'sons may be pr'pared In Case the pi' shall give to the Defend' notice of Tryall as aforesaid and shall not wftin reasonable tyme forbid the same, but the Defend* shall attend the Tryall to his Costs, the Court may alow the Defend* his reasonable Costes for the Same In Case the pi' after issue Joyned shall refuse to goe to Tryall the Terme after issue Joyned nor shall discontinue his acc'on on Record Then the Defend' moveing the Court to p'ceed may bring on the Cause by p'viso to Tryall, And if the pi* be nonsuite att Tryall or discontinue his acc'on the Defend* shall bee allowed reasonable Costes That all process and writts issueing out of this Court shalbe made in the name of the Governor & p'prieto'8 of the p'vince of East New Jersey, Directed to the Sheriffe, Com'anding him in the kings name to Arrest sum'on Attach &c the Defend* ¦ Bergen Enock Machielson ) Henry Lyon ) Benja Parkis >• Elizabeth Town Isaac Whitehead ) Sam11 £ ¦ 42 Sam" Dennis John Bishop Jun' }- Woodbridge Sam" Hulls ) Edw: Slater ) John Gillman > Piscattaway Benja Hull ) John Bowne ) John Throgmortori >¦ Middletowne James Grover ) Joseph Parker ) Peter Tilton >• Shwsebury John Hans ) It's agreed and Ordered that the respective p'sons above named shalbe Com'issionated to heare & Determine the small Causes in the above respective Townes ahd that Depty Gover nor make out distinct Com'issions for the Same & seale them by the seale of the p'vince signeing them w'h his owne hand, And that the respective p'sons Elect their owne Messinger and Clerke Ordered that a warr* be made and delivered by the Deputy Governor to the Surveyor Generali to layout wthin this p'vince in such place as he shall see meet not Intrenching vpon any mans interest or right Twenty four thousand Acres of land That is to say to and for the use of every one of the Twenty four p'sent p'prietors one Thousand Acres and make Returne thereof to the Governor and Councill This is a True Journall of the p'cedure of the Deputy Governor & Councill to this The 28th Day of Day wherein all Matters comeing before the lmo cald them have bin duely Entred and the Min- March Anno utes of all things [justly expressed] to the Dni 1683 best of their knowledg Remembrance & understandinge Tho Rudyaed D* Governor & p'pr John Beeey J Paxmeb Ben: Peice Att 43 Att a Councill held at Elizabeth Town according to the former Adjournm' the 9th Day of May Anno Dni 1683 p'sent The Deputy Governor Co" Lewis Morris Captn John Palmer Captn Wm Sandford Lawrence Andresse Benj11 Price of the Councill This Day the Court of Com'on Right being held and the Members of the Councill Attending the same as Justices there of, The Governor and Councill proceeded not to businesse but the Deputyes Attending this board 'twas agreed to Adjourne till tomorrow morning 7 A Clock and the Councill Adjourned accordingly Att a Councill held the 10th Day of May Anno Dni 1683 p'sent The Deputy Governor Co" Lewis Morris Captn John Palmer Captn Wm Sandford Captn Berry Lawrence Andresse & Benja Price of the Councill Samuel Moore & Nathaniel ffitzrandolph makeing applicac'on here and requesting to have the Administrac'on pf the Estate of Captn James Bollon who Dyed intestate granted to them as guardians to the Children of the said Captn Bollen, And Lawrence Andresse the late p'tended Admi'strato' to the said Estate Declaiming that he dus absolutely renounce all p'tence and Claime to the Adm'istrac'on thereof, It is There fore Ordered that Samuel Moore and Nathaniel ffitzrandolph bringing here the Children of the said Captn Bollen and they Chooseing them their guardians that their Adm'istrac'on be granted by the Deputy Governor to the said Moore and ffitz randolph dureing the minority of the said orphans according to the Due Course of Law, they bringing in here a perfect In ventory or appraism* of the said Intestates Estate to be re corded £ Agreed and ordered, That the Deputy Governor Issue out his warr* to the Surveyor gen'all to layout for Benj" Price sen' one of the Governors Councill the quantity of 270 Acres of 44 of Land wthin the bounds of Elizabeth Towne or somuch thereof as has not of the number or quantity of Acres bin laid out to him by Robert Vauquillen the late Surveyor gen'all wch said Lands are granted him in Compensac'on of the heads he brought here at his ffirst settlem' in this province The petic'on of Captn John Baker here read, And ordered that the like warr' be granted to lay out 1200 Acres of Land for Captn John Baker in Elizabeth Town according as hee De sires in his petic'on Samuel Moores petic'on to have the Lands granted him by order of Lord Bartlett and S' George Carterett read, and after some Debate thereupon Agreed that the same bee cal'd over againe when Sam" Groome is here in Councill A Bill sent here from the Deputyes for the Orderly keeping of Swine read and after some Amendm'8 and Additions made it's agreed the same be Ingrossed againe w'h the same and sent back to the Deputyes for their Concurrance by Captn Palmer and Captn Sandford The petic'on of John Shottwell being here read, and vpon reading thereof it being alledged that the Lands for wch he Desires a Survey and pattent is now or late in the possession of Elizabeth Caterett Widd : the Relict and Executrix of the late Governor Captn Philliph Cateret Deceased It's agreed that the ffurther Consideration thereof be Deferred till the next Seventh Day morneing being the 12th instant at 8 of the Clock in the fforenoone and that notice there be given to the widdow Cateret that she may then appeare, and if she as ought to allege ags' the substance of the petic'on she may then be heard Then Adjourned till tomorrow morneing 7 a Clock Att a Councill held at Elizabeth Towne the ll"1 Day of May Anno Dni 1683 The Deputy Governor & p'pr Thomas Warne p'pr Coll Lewis Moms Captn Berry Captn Palmer „., .-, .,, Captn Sandford }? of the Councill Lawrence Andresse & Benj11 Price a A Bill Drawne vp and read, A Bill for makeing and setting of high wayes, passages, Bridges and fferryes w'bin this prov ince 45 ince and agreed the same be sent to the Deputyes by Benj" Price and Lawrence Andresse A Message from the Deputyes as ffolloweth The Request of the house of Deputyes is to Desire the Gov ernor and Councill to send a Coppy of the ffees of the Court of Com'on Right Samuel Dennis and Benj" Parkis Messingers Eliz Towne May 11th 1683 John Bound A Bill sent here from the Deputyes Entitled an Act to Ena ble the ffreeholders of this province to propose and agree Divers orders relateing to the good and welfare of Each Towne v/cb being read this board agreed on these exceptions to the p'ceeding thereon Is' This Board has allready had a bill from the house of Deputyes to the same affect to wch the Governor and Councill , has made some amendm'8 and sent it back to the Deputyes for their Concurrance wch bill still lyes w'b them not returned here w"1 their Consent 2 There are other particular Bills now Depending for reme dying the matters expressed in this Bill viz' for that against hoggs and for makeing and setting out highwayes 3 In this Bill is a Clause, Dubious uncertaine and vnp'si- dentiall viz' to settle and impose Town rates not only for the matters Contained in the said Bill — but alsoe for the like — wch word (and the like) are without lymit and uninteligable 4 The locall and prudentiall Lawes by the Townes to bee made not to Come under the Considerac'on of the Governor and Councill, their Lawes may be such as may oppose and con tradict the Acts of the gen'all Assembly — The lib'tys p'per- tyes and ffranchises of the planters and Inhabitants of this province and may be of Dangerous Consequence to the Gov ernment Thereupon it's Ordered that the Depuytes be Desired a ffree Conference upon the subject matter above expressed and that the 46 the Deputyes will Attend it between three and ffour this After noone, and Captn Palmer and Captn Berry are Desired ifo acquainte the Deputyes therew"1 Captn Berry and Captn Palmer give account that the Depuytes will give Answer to the Message by their owne messingers at the tyme above p'fixed A Message from the Deputyes in writing as followeth viz* That forasmuch as Captn Robert Vicars, Captn Henry Greenland M' Robert Vauquillen and M' Sam" Edsall were p'sented by Bills to the Grand Inquest as persons guilty of Crimes or evil and illegall practices woh tended to the great Disturbance of the peace and quiett of the p'vince to the apparent Damage of severall Inhabitants and Contrary to the peace of our Soveraigne Lord, the King, his Crown and Dignity, the wch Bills are ffound by the grand Jury true Bills, Resolved by this house of Deputyes now sitting that ffour of their Members namely Samuell Dennis, Samuell Moore, Thomas Johnson and Benjn Parkis,- Doe repaire to the Governor and Councill and there in the behalfe of all the Com'ons of this province Desire that the above named Robert Vicars, Henry Greenland, Samuell Edsall and Robert Vauquillen may be by some Due means safely secured in Order they may be brought to Answer to the p'misses Eliz Towne ) p Order of the house May 11th j 1683 John Bound Vpon Consideration of the p'mises it's agreed that Captn Robert Vicars as already secured by sufficient Bayle given by him to Answer the p'mises Whereas by the gen'all Concessions of this province of East New Jersey amongst other things it is provided that the Con stables of the said province shall Collect the Lords Rents and shall pay the same to the Receiver that the Lords should appoint to receive the same unlesse the gen'all Assembly should p'sente some other way whereby the Lords might have their Rents Duely Collected w^out Charge or Trouble to them, It is therefore ordered by the Governor and Councill that Captn Berry and Captn Palmer attend the Deputyes and Recom'end to them their Case in the p'misses, That such Care may be taken for the Collecting and payment of the said Quit rents as may Answer the p'scription and Direc'on given in the said Con cessions 47 A Message from the Deputyes in writing as followeth viz' By the house of Deputyes in Answer to what this Day was Desired by the Governor and Councill Relateing to a ffree Conference, Wee Desire that either w"1 respect to what is before yo' hono'8 or as occac'on may require for the future there may be a Com'ittee Choosen by both houses to Debate the same, Messengers Richard Hartshorne Samuel Dennis Joseph Parker & John Gill man Eliz Towne p. order of the House May 11th 1683 John Bound Vpon Consideration of the Message from the Deputyes now Delivered here in Answer to that of the Governor and Councill this Day sent them It's ordered there bee a Com'ittee of not lesse than ffoure p'sons appointed from the Governor and Councill to meet a Com'ittee of the Deputyes to Debate of such matters as now are or shall Come before them And that for the more expeditious Dispatch of business it's agreed and p'posed that the same Com'ittees meet Dayly in ffree Con ference between the houres of Three and ffoure every after noone at the house of the Deputy Governor, And that the Deputyes be Desired to send downe here the names of their Com'ittee that this board may also nominate and send to them the names of the Com'ittee to bee here appointed, And it's ordered that Captn Palmer Captn Berry and Captn Sandford Carry up this Message A Bill for the better p'ceedings of County Courts sent here from the Deputyes, woh being read and Considered it's ordered that this board Concurr therew'h and that the same be signed by the Deputy Governor Captn Palmer's petition being here read, it's ordered & agreed that the Deputy Governor, Issue out a Warr' to the Surveyor Gen'all to Devide the Tract of Land cal'd Rariton lyeing on the North* side of the Rariton River woh the said Captn Palmer Thomas Codrington and others lately purchased of the Indians into Eight Equall p'ts in order that the same may be afterwards disposed of by pattents according to right A Third Message from the Deputyes in writing as followeth vizt In Answer to an order of the Governor and Councill Delivered to this house by Captn Palmer Captn Berry and Captn Sandford It 48 It is Consented and agreed that there be a Com'ittee of ffour p'sons appointed from the Governor and Councill and ffive of this house to meet Dayly for Debateing of such matters as now are or shall Come before them and that for the more ex peditious Dispatch of business the said Com'ittee to meet Dayly between the houres of three and ffour every afternoone the said Members of the said Com'ittee to be Dayly Chosen as each house shall see Cause and the Com'ittee themselves to appoint their owne places of meeting (p order of the house , John Bound Messengers Henry Lyon and Joseph Parker Eliz Towne May 11th 1683 Vpon ConsideraC'on of the Message here sent from the Deputyes by Henry Lyon and Joseph Parker relateing to a Com'ittee of both houses, It's the sence of this house l8' That the Deputyes Denyall of a ffree Conference at the Desire of this board is unp'sidentiall and the first of that kind that ever has bin Deny'd in this province, and the same appeares to be more strange for that open and ffree Con ferences w'h this board and whole house of Deputyes are most effectuall for Dispatch of busines, ffull vnderstanding of the sence of Either house, and most gen'all satisfac'on to all persons that are Desireous of Expediteing matters in the gen'all Assembly and p' vents misreportes ana Errors wch may happen by mistakeing or in rendring the sence of Either house otherwise than Intended 2 But this board Desireing rather a Delatory dispatch then noe effecting of businesse w*° the Deputyes have receded from our first modest request, and Condiscending to a Dayly Committee of Both houses and have sent a Message to that our purpose that this board will appoint persons not lesse then ffour Dayly to attend 3 But to be Lymitted by the Deputyes to the number of ffour and to meete the number of ffive of the Deputyes and to be obliged to Choose our Com'ittee Dayly — and to meet as ffour of this house and ffive of the Deputyes house shall Dayly agree, is p'scribeing such Lawes to this board as 49 as belongs not to the house of Deputyes — being neither Customary nor warrented by any authority Law or p'si- dent; And it's the sence of this board that as either house have alwayes had the priviledge to appoint such and soe many for a Com'ittee as they see meet and as this board Lymittes not the Deputyes, Soe this house ought not to bee imposed vpon or Lymitted And this house adheres to their Last Message. In Case the Deputyes agree not to our ffirst request of a ffree Conference as were had at our Last Sessions wcl1 had a gen'all good effect for the Dispatch of business then passed by vs in gen'all Assembly Ordered that Co" Morris Captn Berry Captn Palmer & Captn Sandford carry vp this Message Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 12th Day of May Anno Dni 1683 p'sent The Deputy Governor & p'pr Thomas Warne one of the p'pr Co" Lewis Morris Captn Berry Captn Palmer Captn Sandford Lawrence Andresse & Benja Price of the Councill A Remonstrance Delivered in here by Edward Slater and John Gillman .the Deputyes of Piscattaway by order and w*h the Consent of the Towne of Piscattaway,— And Edward Slater and John Gillman being here p'sent and after some Con siderable Conference and Debate, they being offered to have the bound of their Towneship or Desired Towrieship Survey'd, they aprov'd not thereto soe this board Could not p'ceed vpon the matter p'sented Another petic'on from the same persons for some meadows to be layed to their Towneship read and defered to some other opp'tunity of Debate Ordered that one Bond of Captn William Sandford bound to the King in [?] lb w*h Condic'on to p'secute John Johnson Dated the eight of July 1682 be Delivered vp to Captn Sand ford Ordered that one other Bond wherein John Berry is bound to the king in [?]Ib w*h Condic'on to be of the good behaviour &c Dated the second November 1681 be Also Delivered up to Captn Berry 50 A Message from the Deputyes in Writing as followeth The Com'ittee appointed by the house of Deputyes for De- bateing things w*h a Com'ittee from the Governor and Councill namly Richard Hartshawne Sam" Dennis Benj" Parkis Ed ward Slater and John Curtis Eliz Towne ) p order of the house May 12th 1683 j John Bound It's ordered and agreed that there may be noe Defect on the part of this house to the Dispatch of Matters lyeing before vs, That this whole board — viz' the Deputy Governor and all the Councill resolve into a Com'ittee to meete and Debate Matters w'h the Com'ittee of the Deputyes and are ready to meet this afternoone at the house of the Deputy Governor, between the hours of three and ffour, And that Benjn Price carry up this Message to the Deputyes The Matter of John Shottwells petic'on came here into Debate and the Widdow Carterett being alsoe here p'sent and in writeing gave in two papers as her Answer to the substance of the said petic'on and it being asked the said Widdow Car terett if shee Desired any tyme to offer or object anything agst the substance of the petic'on shee said shee had noe ffurther answer then what shee gave in writeing, And it ap- peareing that Abraham Shottwell was the possessor occupant Cleerer and improver of the Land menc'oned in the petition And that John Shottwell is the said Abraham Shottwells Sonne and heire — It's therefore agreed and ordered that the Deputy Governor issue out a Warr* to the Surveyor gen'all and his Deputy to Survey the same Lands and make returne Thereof in order that the said Shottwell may have a pattent thereof according to the Concessions Ordered and agreed that Lawrence Andresse have Lib'ty to goe home returning here next second Day at eight A Clocke in the moorneing The petic'on of James Graham and Sam" Winder for them selves and Associates read. It's ordered that the Deputy Governor make a warr' to the Surveyor gen'all to Survey the said Land in Order the same may bee pattented to the p'sons haveing right to the same and make returne thereof to the Governor and Councill Then the Governor and Councill resolved into a Com'ittee in Order to a Debate w'h sev'all Members of the house of Deputyes A 51 A Conference w*h the Com'ittee appointed by the Deputyes vpon the Bill to Enable ffreeholders to p'pose and agree Divers orders &c at wch Conference was offered the reasons and objec tions by vs Entered to the Bill yesterday. Their members re turned saying the would reporte the Same to their house It's ordered that p'cesse be made out in the Court of Com'on Right agst Sam" Etsall, Robert Vauquillen and Henry Green land in pursuance of the Message sent here yesterday from the house of Deputyes It's agreed that Captn Sandford have lib'ty to go home re- turneing next second Day morneing by 9 A Clocke Agreed that Co" Morris and Captn Palmer have Lib'ty to go home this Day Adjourn'd till next Second Day morneing 8 A Clocke Att a Councill held.the 14th Day of May Anno Dni 1683 p'sent The Deputy Governor & prop'r Sam" Groome & ) , Thomas W'arne \ p pr Captn Berry ] Captn Sandford [ t . , ^ Lawrence'Andresse & fof the Counc: Benja Price J The petition of John Gillman and Edward Slater in behalfe of Piscattaway — for to have a parcell of meadow on the South side of the Raritan River to be laid out to the Inhabitance of Piscattaway, — It's ordered and agreed that a Warrant be Issued by the Deputy Governor to the Surveyor gen'all to Survey and view the said Meadowes and Lands Adjacent and make reporte thereof to this board that such ffurther order may be made w°h may either fully Answer the petic'one'8 Desire, or that they may know the positive Answer of the Governor and Councill in this matter to the Contrary The petic'on of Jane Ogden Widd: read, the same being for 300 Acres of Land in Elizabeth Towne in right of John Ogden her late husband wch shee alledges to bee in right and pursu ance of a Towne order for wch John Ogden had a warr' 29th Oct 1678, — vpon inspection of the Records wee find noe such warr', but a warr' for 300 Acres in pursuance of the gen'all Concessions — in wch respect the petitione' is mistaken soe the Councill cannot Answer the same as Desired The petic'on of Robert Shrevs Blacksmith, came a Servant into this province in the yeare 1675, — Desires he may have Land 52 Land laid out according to the Concessions. Vpon Consider ation thereof it's agreed that the old Concessions make noe p'vision for Land for Servants in the yeare 1675, — Soe cannot order him any Land but referr him to the now Lords p'prietors and the Concessions by them published The petic'on of Joseph Ogden for 90 Acres of Land and meadow in p'portion, wl)1in the bounds of Elizabeth Towne, Desireing to have the same as hee has pitcht vpon formerly — It's ordered that Joseph Ogden give an accompt to this board wherefore the late Surveyor gen'all Executed not a Warr' of this quantity of Land the 27th Oct 1676, And alsoe ofthe Land he pitches vpon the Councill may give their further resolution in the p'mises A Message from the Deputyes in writing viz' The Answer of the house that was appointed to meet ffour or more of the Councill the 12th of this instant in a Com'itte to Debate the Bill about Enableing the Townes to make locall and prudential orders ffirst wee say that the Bill sent before to you at our last sit ting was Sufficiently answered, as to the. second wee are willing hoggs should be excepted, To the third wee Consent that the words (and the like) should bee left out: ffourth our Bill not mentioning Lawes there is noe roome for such objections and as to Towne orders it's a thing verry Customary Eliz Towne ) p. order of the house May 14th 1683 j John Bound Sam" Moore j. Me8 „ Joseph Parker j s In answer to the Deputyes Message to vs now sent by Sam" Moore and Joseph Parker, It's the sence of the Governor and Councill 1 That if the Bill sent before to vs at our last meeting be Sufficiently Answered, then noe neede of this Bill for the mat ters p'vided for in this Bill are all the same and noe more then in the former — for killing of woolves in each Towne or Country onely excepted, But for makeing and maintaineing good and sufficient fences and to p'vent Damages woh may bee don by horses Cattle and other Stock in the Com'on high wayes 53 wayes Cornefields and meadowes and for makeing bridges lay ing out high wayeB and keeping the same in repaire and for makeing Towne Rates for the Defraying of Charges that may arise vpon the aforementioned occac'ons — are all expressly p'vided for in the former Bill now Depending w"1 the Deputyes — wch matters if they be fully answered ther's no neede for this Bill as it's now made but onely a p'vision for killing of woolves in woh particular onely the other is Defective 2 As to the Dep'tys Answer to the 2d and 3d Article of our Exceptions for leaveing out the p'vision ag' hoggs and expelling the words (and the like) answers the sence of this Board 3 As to the Deputys Answer to our ffourth exception, it's the sence of this board it's not answered but onely evaded, they being Criticall upon the word Lawes for the word orders — For the Deputyes Bill instead of by lawes expressing themselves in otheT Terms and calling them orders Alters not the sence but orders to have 'the force of Lawes, and to be put in execuc'on as Lawes, and the Infringers of them to be sued at Law and pun ished for the breach in Courts of Justice are equally Lawes in those Townships as any Lawes of this province are to the gen'all not improp'ly but p'perly called Lawes, And the Deputyes calling those Agreem'8 Orders as they Doe in their Bill is imp'- per, the word orders being not p'perly appropriable to agreem'8 of any Towne or Incorporated body of people, but only to the Councill Board and Courts of Justice — all other Determinac'ons in Towneshipps are called By Lawes and so are agreem'8 this Day of all the Corporac'ons in England, so much as the great City of London 4 Wee must againe repeate as formerly vpon the Same occac'on, that it has been vsuall for Dispatch of busines in the gen'all Assembly— if one house has p'sented a Bill the other has offered amendm*8 to the wcb if the other has not agreed a Conference has bin Desired and reasons offered for or ag' the amendm*8 5 In Case the Deputyes or Councill after a Bill p'sented by one house and amendm'8 offered by the other — Agree not to Conferr but Draw new Bills and lay the former aside, it will p'vent all Dispatch of Busines, and allows vs to p'sent one Bill for an other and Dispatch none 6 It's the sence of this board that such p'ceedure is Con trary 54 trary to the Due Course of Law agst, the orders of gen'all Assemblys, And tends to Disorder and Confusion 7 This sitting of the Assembly is but a Continuance of our former Session by Adjournment and noe new Session, and the fformer Bill being in force w'h the Deputyes this board desires their Concurrance thereto or a .ffree conference in both houses freely to Debate the matters that it may come to a speedy and effectuall Determinac'on, — Benja Price is ordered to Carry this Message to the Deputyes A Message from the Deputyes in writeing as followeth, viz' The house of Deputyes by their Messingers Do acquainte the Governor and Councill that they have appointed M' Harts- horne M' Moore Benja Parkis, Joseph Parker and Edward Slater to meete so many of the Councill as shall be appointed to meet them in a Com'ittee and are ready to waite upon them p. order of the house May 14th 83| John Bound John Gillman ) -«T Elias MachielsonfMeS8lnSers It's ordered that Captn Berry Captn Sandford and Lawrence Andresse meete the Com'ittee of Deputyes upon a free Con ference and to Conferr in such place as they see meete make ing a reporte to this board of the subject matter thereof The Members of the Councill above named reporte that the Members from the house of Deputyes desire from this board the Bill for setling of ffees 2 The Bill for warr*8 from the County Courts 3 The Bill for locall and prudentiall orders — the former Bill extinct per their Answer the Charge to be more then the benefitt 4 The Desire of the Deputyes wlh respect to Towne orders for fenceing and maintaining them, — Bridges high wayes, building and 55 and repaireing Mills and suf . incouragm* for killing of Woolves makeing rates for defraying of Charges of the above p'ticulars and for maintenance of the peace if need be to p'vent Damage by Geese, The Governor and Councill to Draw up what they thinke fitt for the said p'ticular Then Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 15th Day of May Anno Dni 1683 p'sent The Deputy Governor Captn Berry ^ Captn Sandford Lawrence Andresse & Benja Price of the Councill Vpon Considerac'on of the Report from the Com'ittee yester day as to the ffirst Article — It's the sence and appears to this board, — That by the Act for the establishing the Court of Com'on Right, the Members or Justices of that Court are to settle the flees thereof, who are the most p'per p'sons and Judges in that concerne as it is in England and that there is no Bill before vs for that purpose neither any sent to vs from the Deputys A Message from the Deputyes in writeing as followeth vizt A Reply to the Governor and Councills message sent to us by Benj" Price the 14th 3m 1683 To the ffirst It's the sence of this house the former Bill is sufficiently Answered as appeares by the Governor and Councill desireing a Conference upon the other Bill To the Third wee say as before Towne orders are a thing verry Customary in such places as are of the same Constituc'on and as for London to be a p'sident for this place) can in reason be thought no farther a p'sident than it agrees w'h the Consti tuc'on of this place as to ffences woolves Cattle and the like To the ffourth it's the sence of this house, where there is not a Concurring by both houses it possibly may be a hindrance but both houses agreeing no Roome for objection, and So Con sequently needs noe Answer to the application To the flifth wee ever looke as needing no Answer and So Consequently the 6th as being a Relative To the 7*h"wee not Denying it a Continuance of the former Session 56 Session the assertion is uselesse (as to the former bill being in force w"1 the Deputyes) the Bill can be no more in force than a Bill fully answered and this house accepts of a free Con ference w'h the Councill as to the p'misses in our last Bill Eliz Towne ) p. order of the house 15 3-m 1683 \ John Bound Messingers Thomas Johnson and Sam" Moore Vpon Considerac'on of the Deputyes reply this day sent by Thomas Johnson and Sam" Moore to the Message from us yes terday, — This board cannot but be Senceable of the great Day- lay in Dispatch of busines in gen'all Assembly principally occasioned for want of a Daly ffree Conference by the whole Members of the gen'all Assembly wch practice in the former sitting of this Assembly was found not onely a meanes for a good vnderstanding but tended much to the Speedy Dispatch of business, the gen'all Assembly then passing more Acts w'b full Consent in one Day, then now in a weeke — But the De putyes seeing Cause to refuse the Request of the Governor and Councill in that p'ticular, This board is willing and Desireous in this way of writeing between both houses how delatory soever to give the Deputyes all possible satisfac'on say As to the first Article of Reply viz' the former Bill is Suffi ciently Answered by the Governor and Councill's Desireing a free Conference upon the other Bill — wch the Deputyes say is the sence of their house — To woh the Governor and Councill say that it is their sence y' ye Deputyes are under a great mis take in the matter — And this board is fully satisfied that never any message was this Session sent to the Deputyes Desireing a p'ticular Conference on the 2d Bill or a Conference on the 2d Bill p'ticularly — The Messages hence have bin ffour — The ffirst of the 11th Instant Desired a free Conference on the subject matter expressed in excepc'on woh was not to p'ceed on this Bill but on the former The 2d Message of the same Day was for a free Conference on all matters then Depending or to Depend wcb can nowise bee Construed to exclude the ffirst Bill and p'ceed vpon the second. The Third Message of the same Day is to desire a ffree Con ference and referrs to the former The 4th Message of the 14"1 Desires a free Conference in the p'mises woh was on onr excepc'on, whereof one is agst the Second Bill and p'ceeding on the ffirst To 57 To the Deputyes 2d Article of Reply it's the sence of this board that an excepc'on agst a p'ticular in the Bill sent w*h Articles that excepts ag8' all the Bill is noe accepting the Bill or condiscending to it, but fortifyes our gen'all excepc'on, w'b Argum*8 is as if a man were Charged w"1 a Trespasse and felony — If I charge him w'h trespasse he's innocent as to the higher Crime As to the Deputyes 3, 4 & 5th Articles — it's the sence of this board that there needs no other Answer but referr them againe to those 3, 4, & 5th Articles, of ours, to wcb their's is sent as reply- As to the 7th If the former Bill be fully Answered soe are all the Matters therein contained but it's an argum' the Bill is not fully Answered the 2d Bill sent Desireing our Answer or Concurrence to the same matters — Againe if such answers as the Deputyes give to the former Bill or alledge they have given is legall, Customary usuall or according to the Custome of the gen'all Assembly wee desire p'sidents in the. Case — The Deputyes say they accept of a ffree Conference w'h the Counoill as to the p'mises in the last Bill — To wch the Councill Answers that the never desired such a Conference but on the excepc'on wch are the p'misses and to Debate ffreely on all matters Depending before the gen'all Assembly and such Con ference this board renews their desire to the Deputyes to Con curr in, for speedy Dispatch and for a fair vnderstanding of matters before the gen'all Assembly ordered that Captn Berry and Captn Sandford carry up this Message A Message from the Deputyes in writeing as followeth, viz' An Answer to an order from Governor and Councill brought to this house by Captn Palmer and Captn Berry Whereas, those Concessions of New Jersey, or Nova Ce- saria make mention concerneing the Constables gathering the p'prieto1'8 Rents so likewise the [they] make mention that the gen'all Assembly shall p'scribe the Quantities of Land wcb Shall from tyme to tyme bee alotted to every head &c It is the sence of this house, that it's contrary to reason for any man to be an other mans Servant w'hout his Consent, much more for any man to be Compelled to serve another man and the Master not to be Compelled to satisfie him for his Service Benj" Parkis & ) Messin„era P or^r of the house Elias Mekellson [ MeS8mSers j0Hn Bound Adjourned to 7 a Clock to morrow morneing Att G 58 Att a Conncill held the 16"' Day of May Anno Dni 1683 pr'sent The Deputy Governor & p'pr Thomas Warne p'pr Captn Berry Captn Sandford I f Ae CounciU Lawrence Andresse Benja Price Ordered that Captn Berry and Captn Sandford goe to the Deputyes and acquaint them it's the desire of this board that the Deputyes forthw"1 attend this board The Deputyes Came here w*n whome wee had a free Debate for some tyme. And the Deputyes returned to their house A Message from the Deputyes in writeing as followeth viz' This house desires by their Messengers Henry Lyon and Benja Parkis, That the Governor and Councill will appoint some of the Councill to meet ffour of this house in a Com'ittee to Debate of affaires tending to a ffree Conference May 16th 1683 p. order of the house Jo Bound Ordered that some Members of the Councill be appointed to meet 4 members of the house of Deputyes forthw*11 — agreed that Captn Berry Captn Sandford and Lawrence Andresse attend the same Report made that at the Com'ittee above agreed vpon it was Determined to have a ffree Conference between the Governor and Councill and the house of Deputyes, tomorrow morneing 8 A Clock It being the sence of the Governor and Councill that at this Juncture of Tyme, there may be some matters of weight and Concerne for the good and welfare of this p'vince wch may be Discoursed Setled and Determined in gen'all Assembly but the said matters lying indigested and vnp'pared for publick Debate and that a privat Conference w'h a ffew p'sons of both houses wherein Secrecy may be alowed and enjoyned to all partyes, save onely such matters as the said p'sons shall agree to report to either house, it is p'posed by the Governor and Councill to the Deputyes that such p'sons may bee appointed by either house to meet together from tyme to tyme and in such place and tyme as they see meet, And as p'sons who may vnderstand the Interest of the p'prieto'8 and of the province in 59 in gen'all, This board appoints the Deputy Governor and Captn Berry for the Governor and Councill and p'pose that such a number of persons most knowing the Concernes and Interest of the province in gen'all, and of the planters and Inhabitants of the same in p'ticular may be Com'issionated by the Deputyes to joyne in the said Com'ittee, and that the matter by them p'posed and Debated shall not be Devulged or reported but as aforesaid, or advantage taken thereof ags' any person or party. That a happy Conclusion may be made of all matters and all Controversies ended in the p'vince woh it's hoped by God's assistance may be Composed by this meanes Then Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 17th Day of May Anno Dni 1683 p'sent The Deputy Governor & p'pr Sam" Groome & ) , Thomas Warne \ P P Captn Berry ) , Captn Sandford ( of ^ Couno . Lawrence Andresse & [ Benja Price ) The Deputyes came here in pursuance of the agreem' yester day and after the Deputy Governor had op'ned the p'sent state of things in gen'all Comunicated to them our agreem' above and read the same to them, they desired a Coppy thereof, and that the [they] would returne to their house and Consider there of the same It's ordered that a Coppy of the above p'position be made and sent to the Deputyes by Captn Sandford A Message from the Deputyes in writeing In Answer to the Bill of the Governor & Councill p'poseing for a private Conference sent to this house beareing Date the 16 3-m 1683 The Conference to bee w'h the Deputy Governor and Captn Berry and two of the Deputyes, Wee the Deputyes Do Condiscend to the Contents of the Bill onely for this Day, that Clause of Secrecie onely excepted and have appointed Richard Harthorne and Sam" Moore for that Service Eliz Towne p. order of the house of Dep*8 May 17, 1683 John Bound Messingers Edw Slater Jo8 Parker Vpon 60 Vpon Consideration of the Message now sent by the Deputyes it's agreed that such Conference be had as is above* p'posed and that such Answer bee given the Messingers and that p'sons meet here forthw*11 wch was done accordingly. A Conference was had woh began about eleven A Clock fore- noone — wherein was fully Debated the Matters of passing the Bill about the Townes making locall and prudentiall orders, After a Long Debate for 3 houres tyme in Discourse wee Came to this result — 1 That as well the ffirst Bill as the second are both before the Assembly, not rejected or expelled by the gen'all As sembly 2 That vntill by Some agreem* of the Assembly, the ffirst Bill being fframed and passed by the Deputyes and received and amended by the Governor and Councill, cannot be ex pelled the Assembly but by Consent of both houses 3 The ffirst Bill may yet bee p'ceeded on notwthStanding the Deputyes Answer to the Governor and Councill and notw*b- Standing the second Bill — But the second Bill cannot till the ffirst be expelled as above. 4 That if the Matters contained in the Bill bee not worth attending the Councill therew*h, then not worth an act, much lesse worth Contention. 5 That it's a bill of that nature as for the Things to be Don as fenceing &o. That all Townes Doe themselves wth out act not onely in this p'vince but most part of America 6 but Enforceing the Doeing thereof & p'formeing those orders on paine of being sued & p'secuted at Law &c This is an Act of that nature that has neither bin in this p'vince or other parts of America 7 It seemed to be gen'ally Satisfactory to lay aside the Bills wholely and in the Townes to Do amicably and by voluntary Consent those things woh this Law would Enforce — w"* mat ters the Deputy Governor as alwayes said and Did now Declare hee would Countenance and in his place Assist and thus the forenoone was Concluded Afternoone wee Entred into Debate after some small Sum- 'ary of our forenoones Discourse about the Demands of Never sinkes, 61 sinkes, by Colour or virtue of Nichalls pattent, And after a long Debate for Tree or ffour houres came in our Discourse to this Result, That after the Duke of Yorke and the king by their Letters had required all p'sons to Submitt to the Gover ment of S' George Carterett &c and vpon this termes, — And the province had knowledge Thereof viz' in the Month of May Anno Dni 1673 John Bound and James Grover for and in the behalfe of the Two Townes of Neversinkes peti- c'oned the Governor and Councill that noe Conclusion should be made of their pattent rights till the [they] could make their Addresse to the proprieto'8 - of the Councill Benja Price ) A Bill Drawn Here Intituled an Act for the Due Regulac'on . of Executions Drawn, woh being read it's ordered that the same be Signed by the Deputy Governor and sent to the Deputyes, And that Captn Berry carry up the same A Bill sent here from the Deputyes Entitled an Act for the Melitia woh being read, It appeares to Containe the substance of a former Bill sent here from the Deputyes Entitled an Act for the Militia, to wch wee made our amendm'8, and returned the same Bill, This latter Bill excluding some part of our amendm'8 and altering other p't thereof wtbout reasons given for the same — This board adheres to the former Bill and amendm'8, sent to the Deputyes, And agree not to the last bill sent 69 sent here from the Deputyes, And this board is ready accord ing to the orderly p'ceedure of the gen'all Assembly to heare in Conference or otherwise such reasons wch the Deputyes may offer agst these amendm'8 made by vs & sent w"1 the former Bill to the house of Deputyes, ordered, that Captn Berry and Benja Price carry vp this Message A Bill sent here from the Deputyes ags* the sale of strong Liquors to the Indians w011 being read some amendm'8 were made therein, And ordered that the same be transcribed w'h the amendin'8 and sent to the Depuytes for their Concurance, and that Captn Berry and Captn Sandford carry vp this Bill The bill Entitled an Act for the Due Regulac'on of Ex- ecuc'ons — sent here from the Deputyes w'h an amendm' of these words viz' (men of good reputac'on) to wch amendm* this board agreed A Message from the Deputyes in writeing viz' Considering the season of the yeare and the necessity of the Representitives of this p'vince to bee at their habitations the wether being so wett by wob reason their Cropps of Corn may be in much Danger to their great Damage and Losse w"* pos sibly may be p'vented by their Speedy repaireing home where fore the Deputyes mooves for an Adjournm' of this Assembly till the Third Tusday in October next Eliz : Towne ) p. order of the house May 22th 1683 \ John Bound Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 23th Day of May Anno Dni 1683 ; p'sent The Deputy Governor & p'pr Sam" Groome p'pr Captn Berry ~) SS-Sw1 «f the Councill Benja Price ) A Message from the Deputyes in writeing to The Governor and Councill — wcb being read and the Messengers viz' Richard Hartshorne Sam" Moore and four more being here Supposeing the same not admitting of the Councills Concurrencie or opposition or reasons 70 reasons to the Contrary, therefore the Messingers carryed back the said Message A Bill to Regulate Treaties w'h the Indians read and agreed the same be signed and sent up to the Deputyes by Captn Berry and Captn Sandford A Bill Entitled an Act ags' tradeing w"1 negro Slaves being read agreed the same be Transcribed and sent up to the Deputyes by Captn Sandford and Benja Price A message from the Deputyes in writing viz' To the Governor and Councill This house Desires that there may be an amicable Concur- rance between the Governor Councill and Deputyes for an Adjournm' to the 3d Tuesday in October next, and that the Deputyes of Each respective Towne at the publicac'on of the Laws may give notice to the Inhabitants of Each Towne that if any Debts be oweing to them from the Country they may bring in their accompts to this Assembly at the next Sessions Mess: M' Hartshorne & ) , * ., , * M' Moore \ P" order of the house Eliz: Towne ) John Bound May 23th 1683 j The Governor and Councill having Considered of the Mes sage in writeing this Day sent from the Deputyes by Richard Hartshorne and Sam" Moore Do Declare that they are and ever shall bee ready Amicably to Concurr w'h the Deputyes for an Adjournm* of the gen'all Assembly according as is p'scribed in the gen'all Concessions of this p'vince, wch Directs the same. But the Deputyes intimateing the publicac'on of the Lawes now made it's the sense of this board, That for the tyme the gen'all Assembly have now sate Dureing the last Session or meeting (wob is but a continuance of the fformer) there has been so few Bills passed into Acts, That the publicac'on thereof must rather occac'on misapp'henc'ons amongst the people then satisfacc'on, And in as much as there are sev'all necessary Bills now Depending in the gen'all Assembly wch are not yet Concluded and passed into Acts, Altho of p'sent necessity for the good of this p'vince, ffor want of wcb this board is senceable, occa sion has been taken to Reflect (dureing the late Recesse) upon the Governm* and p'ticularly vpon the Governor and Coun cill, Therefore to remove all just occasion to be taken ags" us or 71 or the house of Deputyes we cannot but p'pose it as our sence, that it's verry necessary that in gen'all Assembly we either passe those Bills into Acts whch lye before vs before our Ad journm* or otherwise agree in an amicable way to satisfie the Country wee will not at all medle w'h the same as not of Ser vice to the Country and o' Duty therein, And so soone as in gen'all Assembly we have Duly Dispatched the same, the Gov ernor and Councill are and shall be willing (no Inevitable acci dent p'venting) Amicably to Concurr w*b the Deputyes in the adjournm* p'posed and as they have Desired in their Message now sent vs, ordered that Captn Berry and Benja Price carry this Message to the Deputyes A Bill Entitled an Act ags' tradeing w'h Negro Slaves this Day sent to the Deputyes was sent back w*h their Concurrence thereto w'h out any amendm*8. The petic'on of Sam" Moore late p'vost- Marshall of this p'vince now high Sheriffe of the County of Middx and the keeper of the Com'on Goale for this p'vince being read, therein setting forth his former great Cost and Charge in keeping and maintaineing the prisoners w*h out any allowance for the same woh charge is yet Continued upon him there being noe p'vission to this Day made for him, It is the sence of this board as well his former as his latter Charge expended is p'vinciall and ought to be borne by the Country for wose service it is, Therefore it is ordered that his Case bee recommended to the Deputyes now assembled that they may Consider of some effectual way for his redresse, And it's further p'posed that the petic'oner being in a p'ticular of his Charge that some Due Course may be taken to settle by Act of Assembly or otherwise such a Sallary on that office or other p'vision that the office wob is so necessary may not onely be borne wtbout Cost or Charge to the officer but a due En- couragem' for such who undertake the same, it's ordered that Captn Berry and Cap* Palmer carry vp our sence to the Deputyes Adjourned to 7 A Clock to morrow morneing At a Councill held the 24"1 Day of May Anno Dni 1683 p'sent The Deputy Governor Captn Berry ] Captn Palmer I * ., r, .„ Captn Sandford > of the ConnciU Benja Price J 72 A Message left here last night after the Adjourm* of the Councill & is in writeing viz* This house desires such a number of the Com'itte as the Governor and Councill will please to appoint may meet five of this house in a Com'itte to morrow morneing about 8 A Clock to Debate the Bills concerneing the militia and the p'bihiting of selling of Drinke to the Indians p. order of the house Eliz: Towne ) John Bound. May 23th 1683 j Ordered that a Com'itte be appointed by this board to Con- firr w*h the Deputyes as in their message is directed Ordered that Captn Berry Captn Palmer and Captn Sand ford go to the ho vse of Deputyes and acquaint them therew'h and that they also attend that service, and make report of what they Doe therein to this board. Captn Berry reports from the Com'itte appointed that their Debate was onely on the two Bills above menc'oned, And first as to the Militia, — they Debated as to that Claus wherein by the second bill sent from the Deputyes the Townes are to nominate and appoint their own officers whom the Governor and Councill should Com'issionate, The Deputyes said that the would bee thankeful if it would be granted, and if not they would not contend for itt As to the Claus being the p'amble setting forth that by the Concessions the gen'all Assembly should by Act Constitute Train'd bands &c — to this the Deputyes objected that Such Claus was a Confirmac'on of the Concessions woh the would not. — It was offered by the members of the Councill that w*b- out the Claus of the Concessions they have no power to con cerne themselves about the Militia for that it is a p'rogative due to the Governor and so is in all Goverm'8 in America and it was replyed that they did as respecting naturall Safety wch all were concern'd in — to wob they were answered that then they ought by Addresse or petic'on to have made their Desire Knowne to the Governor and Councill and not by Bill Vpon Considerac'on of the force of the matters Debated about the Bill for setling the Militia it is the sence of this board that the recitall of the Claus of the Concessions is a truth and plainely and gennuinely recited, and to sett forth in a Bill of gen'all Assembly the reason wherefore a matter comes in Act before the Assembly is necessary espetially in setleing the Militia wch is a p'rogative and right in the Governor and Councill 73 Councill if the Concessions gave not the priviledge thereof to the gen'all Assembly — Therefore it is the sence of this board that the Governor and Councill ought not to Condiscend to passe that Act of the Militia w'boutthat p'amble — the Gen'all Assembly haveing no power to settle the same but by the Con cessions, And the Governor and Councill are of opinion that al'tho the setling of the Militia bee a matter requisite for the quiet peace and safety of the p'vince yet w*h respect to the Concessions will not Doe it by their owne Authority untill there has been tyme and opp'tunity given to the gen'all Assembly to settle the same according to the Concessions. And the Gov ernor and Councill Do adhere to their Amendm*8 of the said Bill in all parts as they amended the same and cannot p'ceed vpon the second Bill sent here from the house of Deputyes, however the Governor and Councill are willing and shall agree to a ffree debate w'b both houses, if the Deputyes have reason able Exceptc'ons agst the Bill as it was sent up from this board to them desire the same Captn Berry reports from the Com'ittee meet this Day about the Bill to p'hibitt the sale of strong liquors to the Indians — The Members of the Deputyes insisted to have the Bill of p'hibition to passe w'bout any the p'visoes here inserted by the Governor and Councill vpon, Consideration thereof it is agreed that the Latter p'visoe shall bee waved and not insisted vpon by us, but the former wee adhere vnto and are ready to allow a ffree Conference of both houses to hear their reasonable ex- cepc'ons, agst the same, if they have anything to offer agst the same Adjourned to 7 A Clock to morrow morneing At a Councill held 25th Day of May Anno Dni 1683 p'sent The Deputy Governor Capt Berry Captn Palmer Captn Sandford & Benja Price A Bill sent here from the Deputyes Entitled an Act concerne- ing Juryes wch being read and Considering that the Bill p'vides for grevious punishm* of Sheriffes for misbehaviour in their office before anyp'vission made by Act of Assembly sufficiently to punish such p'sons as shall not take vpon them the office of Sheriffe when Com'issionated which p'vission in the latter ber fore the former is to Deter p'sons from beareing that office and obstinately to refuse the same. Therefore it's the sence of this I 74 this board that a short Bill be drawne up by the Gov ernor and Councill to punish such as shall refuse to ex ecute the Sheriffes office when Com'issionated, and send to the Deputyes for their Concurrence, that the same being passed into Act wee may consider of the Latter in it's due place and order of tyme, — ordered that Captn Berry and Captn Palmer carry this Message to the Deputyes A petic'on from Marie Pope for meadow to be laid out w*b her Land, agreed that the same be read when Sam" Groome is here A petic'on from the Deputyes for piscattaway Desireing a grant of all the Lands w*b in the Indian purchase for ffourteen pounds p. Ann: was here read — And Edw: Slater and John Gillman being then p'sent, they were Answered that their re quest was not intelligeable, the quantity of Lands w'h in those bounds being vncertaine. That if the Land were Surveyed that we might know the number of Acres and they then de sired a Charter for the same, wee would inquire into their p'posall and give o' Answer, for these reasons at p'sent wee could not Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 26th Day of May Anno Dni 1683 p'sent The Deputy Governor Sam" Groome "] SjSSHex* of the Counc ill Captn Sandford J A Message left here last night from the Deputyes wtb the Bill Intituled an Act to punish such who take not vpon them the office of Sheriffe when Com'issionated w'b the Deputyes amendm*8, The Message as followeth The reasons why the house of Deputyes cannot submitt to the Bill sent from the Governor and Councill as it is there stated about the Sheriffs refuseing their office when Com'ission ated is, That the pcvince being as yet in his minority and most of the ffreeholders of this p'vince being but men of meane Estates, This house thinkes that such a fine may tend to the great impoverishing of the families of some that are or may be Chosen to the office of Sheriffe and therefore Doth humbly offer this their Bill May 25th 1683 p. order of the house John Round Vpon 75 Vpon reading and Considering the Message yesterday sent from the Deputyes relateing to the Bill to punish such who take not upon them the office of Sheriffe when Com'issionated, and the Deputyes Alterac'ons or Amendmen*8 of that Bill It's the sence of this board 1st That the gen'all Assembly haveing passed a Bill that in Each County of this p'vince there should be a Sheriffe, and for that for the necessity of it, wch they Declare their Reasons for that Bill 2 That insomuch as the office of Sheriffe is one of the great est office of Trust and power in Each County in this p'vince, And therefore ought to be of persons of most ability in Es tates and Capacity in understanding 3 In that it is judged that their Miscarriage in office ought to be grievously punished not onely to answer for their Mis carriages to the king, but to satisfie all p'sons who shall suffer p'judice by their Misdoeings 4 That Considering the Cost and Charges of calling Coun- cills for Chooseing and Com'issionateing such officers from tyme to tyme hath hither to bin and must be boorne by the Governor and Goverm* and not by the p'ticular Countys till it's otherwise p'vided 5 And the amendm*8 the Deputyes have made to the Bill, will rather Encourage p'sons of Estate Ability and Capacity obstinatly to refuse then to take vpon them the office of Sheriffe It's the sence of this board that for these reasons and what other is contained in the said Bill by vs sent vp That we can not in Justice or honour to the Goverm* condiscend to the amendm*8 made by the Deputyes to the said Bill but for the said Reasons Do adhere to the bill as the same was sent vp, And Desire the Deputyes Concurrance thereto — otherwise the Governor and Councill shall be ready in a ffree Debate of both houses if the Deputyes agree, there to, vindicate the same or receive any matter or thing the Deputyes shall offer ags' the said Reasons And this board takeing into Consideration the Bill yesterday sent from the Deputyes Entituled an Act concerneing Jurys, Do Declare as their sence that every false and malitious act or thing Don by a Sheriffe or Bayliffe, they are punishable for the same w'hout any Act made, but it seems unreasonable to this board l8* That the Deputyes should offer a Bill to Inflict greivous* 76 greivous punishm'8 vpon an officer Com'issionated before any p'vission is made for Sallery or Reward for such officer for the Doing of his office 2 That whilst the Deputyes p'pose an inconsiderable ffine to be imposed on an officer for wholely refuseing an office wob is Declared of necessity — They should appoint greivous punishm' for a Miscariage in that office, and for Acts that are neither malitiously or knoweingly Don, The Consequence of wcb is rather to Deterrand discourage p'sons frombeareing office than officiateing such as are Declared by Act of Assembly to be of necessity in this p'vince All woh the Governor and Councill are ready to maintaine in a ffriendly Debate w'h the house of Deputyes, if these our reasons in writeing give them not plenary Satisfac'on ordered and Agreed That Captn Berry and Captn palmer carry up the said Message and call of the Deputyes for their Concurrence to Gen'all Bills sent to them from the Governor and Councill now remaineing w*h them, to wcb the Deputyes haveing not returned Answer, according to the Rule and Cus- tome of gen'all Assembly's, viz*, The Bill Entitled an Act for the Militia, The Bill Entituled an Act to p'vent the Sale of Strong Liquo's to the Indians, The Bill to Regulate Treaties w*h the Indians, The Bill for makeing and setling of high wayes, passages bridges and fferryes w'Mn this p'vince Vpon Consideration of the Bill this Day sent from the Deputyes to p'vent the raiseing or imposeing any tax &c, upon the people of this p'vince but by Act of gen'all Assembly, — It's the sence of this board that all the matters to be p'vided for in the said Bill are already sufficiently p'vided for and the lib'ty of the ffree people of this pvince amongst other things fully secured by the gen'all Concessions of this p'vince, The petic'on of Mary Pope to have a p'portion of Meadow to 100 acres of upland alread laid out — vpon Inspection of the Booke of Record of this p'vince it appeares that the 28tb of March 1676 there is a warr* to lay out for John Pope a 100 acres of vpland and meadow in p'portion It's ordered that vpon the petic'o'8 paym' of the arrearages of Quit Rents and takeing a pattent she may have a warr' to lay out the Meadow Desired, and it's referr'd to the Deputy Governor and Sur veyor gen'all to see the same effected The petic'on of Jane Ogden for 300 acres of Land in Eliza beth Towne for her husbands rights according to Concessions It's ordered that it be referred to the Deputy Governor and Surveyor 77 Surveyor gen'all to examine what Lands have bin laid out or taken vp by the husband in his life tyme — That according to Concessions she may have her just rights The petition of Robt Stivers Blacksmith of Elizabeth Towne for Lands according to the published Concessions of the p'sent Lords p'prietors — It's ordered that the Surveyor gen'all lay out such p'portion w'bin the bounds of Elizabeth Towne according to the Tenor of the said Commissions and that the Deputy Governor issue out a warr' to the Surveyor gen'all Accordingly The petition of Benj" Price Jun' of Elizabeth Towne setting forth that in the yeare 1676 he had a warr' from the late Gov ernor and Councill to the then Surveyor gene'all to layout for him 90 acres of vpland and meadow in p'portion wch hitherto hee Could not p'cure to be laid out for him — It's ordered that the Deputy Governor issue out his warr' to the Surveyor gen'all to lay out the said Lands w'b in the bounds of Elizabeth Towne according to Concessions. The petic'on of Daniel Hoop to have the Land ordered him in March last vpon the Raritan River to bee Survey'd It's or dered that the Deputy Governor issue out his warr' to the Sur veyor Gen'all to Survey the Same Land in order to the pattent- ing the same. The petic'on of Joseph Ogden Son of John Ogden deceased of Elizabeth Towne to have 90 acres of vpland and meadow in p'portion w'bin the bounds of Elizabeth Towne according to a warr' formerly granted by the late Governor Phill Carteret Esq' and to have the same laid out as hee has fownerly pitch't vpon It's referred to the Surveyor gen'all to Inquire of the same land by him pitch't vpon be not in p'iudice of any others right, and report thereof to the Deputy Governor, it's referred to him to issue out a warr' to survey the same in order to the pattenting thereof according to Concessions A Message from the Deputyes in writing as followeth The House of Deputyes takeing into their Serious C&n- siderac'on, The weight of some Bills lyeing before them sent from the Governor and Councill to this house Desires that they may first have tyme allowed them to acquaint the Inhabitants of this p'vince that hath Delegated them, w'b the Contents thereof their Advice and orders in the p'misses, And to that End Doth humbly offer for an Adjourm' to the Third Tuesday in October p: order of the house May 26th 1683 John Bound. Ordered 78 Ordered that Captn Palmer and Captn Sandford forthw'11 go to the Deputyes and acquaint them that vpon Consideration of their Message this board agrees that they im'ediately Attend the Governor and Council to Consider the subject matter of their Message in order to an Adjournm' A Conference had w"1 the Deputyes wherein after many things was p'posed to Confirme, make voy'd or Review the gen'all Concessions of the p'vince, That the p'vince might bee at some certaintie of the Ground & foundac'on on wcb we stand, after some further Debate and the Deputyes Consulteing apart, The speaker returned Answer that the Deputyes next second Day morneing 6 A Clock would meet and Conferr w'b the Governor and Councill about the Concessions Adjourned 6 A Clock nex 2d Day morneing Att a Councill held the 28th Day of may Anno Dni 1683 p'sent The Deputy Governor Captn Berry Captn Palmer Benja Price A Message from the Deputyes in writeing as followeth To the Governor and Councill This house according to the Debate on Satterday the 26tb instant hath appointed ffour of their Members to meet such a number of the Councill as the Governor and Councill shall see meet p : order of the house May 28th 1683 "John Bound BenjaParkis&) Megg. .John Gillman \ The Governor and Councill vpon Considerac'on of the mes sage now sent from the Deputyes It's ordered that Captn Berry and Captn Palmer forthw"1 repaire to the Deputyes and acquaint them that the Governor and Councill Do Concurr w'b their p'position and have agreed that the Governor and all the Councill now in Towne meete w"1 the Deputyes in the p'posed Conference, onely this is the further sence of this board, that the Conference be ffree and before all the Deputyes new 79 now in Towne that all p'sons Concern'd may have a full and Cleare vnderstandin'g of the matters in Debate, And no oppor tunity given of misreporteing the matters Debated And that the Conference be forthw"1 in the Councill Chamber A Message from the Deputyes in writeing viz' To the Governor and Councill According to our Message this morneing this house has Chosen four of their Members to meete as many of the Councill as the Governor and Councill shall see good to appoint wcb said members are ready to attend p. Order of the house Joseph Parker & ) ,, John Bound Henry Lyon } Mess : May the 28th 1683 It's agreed that Such Conference as is p'posed be ffree and w'b Such Members ss the Deputyes by their Message say the have appointed and that the Governor and Councill lay aside all other matters and give way to the said Conference Richard Hartshorne, Edward Slater, Thomas Johnson and John Gillman came here in pursuance of the Message, Sev'all people came in wherein was related our former p'ceedure w'b the Deputyes, — and some p'ticulars relateing to the Concessions — Richard Hartshorne alledged hee was to meet a Com'ittee of the Councill and not the Governor in Councill — it was An swered that our Message was to acquaint them the Governor and all those of the Councill in Towne should meet them and their Answer to o's did not oppose it — soe wee desired a free Con- erence w*h both houses, — After a long stay till past Twelve A Clock It was agreed and ordered that the further p'ceedure on such Conf errence as p'posed should be Deferr'd till Wednesday morrow morneing 7 A Clock, To wcb tyme the Councill Ad- journ'd accordinglyAdjourn'd to 7 A Clock Wednesday morneing Att a Councill held the 30th Day of May Anno Dn1 1683 JP'sent The Deputy Governor Captn Berry Captn Palmer Lawrence Andresse Banja Price • of the Counc : 80 A message from the Deputyes in writeing To the Governor and Councill The house of Deputyes haveing some things in Considerac'on at this p'sent, Crave the patience of the Governor and Councill awhile for the Deputyes waiteing vpon them and they will at tend as soone as possible Answer was given them the Governor and Councill were ready when the Deputyes would Come here and that they might take their owne tyme In the afternoone the Deputyes came Downe and Delivered in this paper following viz* Whereas on the 26th instant the Governor and Councill vrged the Deputyes for an Answer either to owne the Concessions or Deny them our possitive Answer is wee Disowne them May 30th 1683 p: order of the house John Bound. The Governor and Councill then takeing the same into De bate in Free Conference w*b the Deputyes — acquainted the Deputyes, first that owneing or Disowneing was not a terme vsed by the Governor and Councill but the p'position was the 26"1 to Confirme make voyd or review the Concessions of woh this is not or p'posed in words of Act of gen'all Assem bly 2 That the makeing voyd of our fundamentall of foundac'on of Governm' was not like ministers of State or gen'all Assem bly but to p'pose something in the place of that made voy'd, Considering that the priviledges of gen'all Assembly Depends thereon. 3 That if he had anything to p'pose in order to Confirme or make voyd the gen'all Concessions by way of Act p'pose it and as pt of gen'all Assembly wee are ready to Answer the same The Deputyes made Answer that they could not Determine any such matter untill they Considered thereof amongst them selves and thereupon wtbdrew from the Councill Adjournd till 7 A Clock to morrow morneing Att 81 Att a Councill held the 31s* Day of May Anno Dni 1683 p'sent The Deputy Governor ) , Thomas Warne j p pr Captn Berry I Captn Palmer I of the Councill Lawrence Andresse & I Benja Price J A message from the Deputyes in writeing The house of Deputyes desire the Assent of the Governor and Councill for an Adjournm* of this gen'all Assembly to the 3d Tuesday in October next May 318' 1683 p. order of the house of Deputyes John Bound. Ordered that Captn Berry and Captn Palmer forthw'b goe to the Deputyes and acquaint them that he attend this board — ordered that the Governor and Councill Concurr w'b the Deputyes for an Adjournm* to the 3d Tusday in November next The Deputyes Attending this board by mutuall agreem' of the Governor Councill and Deputyes, in gen'all Assembly mett and Assembled agreed to Adjourne the said Gen'all Assembly to the 3d Tuesday in November next to wcb tyme the said gen'all Assembly Adjourned accordingly The petic'on of William Broadwell of Elizabeth Towne Setting forth that he had a warr' from the late Governor and Councill 26 ffeb 1679 to lay for him in Right of his wife 60 Acres of Land, Agreed that in Case hee make his rights to appeare to the Deputy Governor and Surveyor gen'all, that then the Deputy Governor, Issue out his warr* to the Surveyor gen'all to lay out the same according to the petic'on The petic'on of Robert Travis Blacksmith of Elizabeth Towne setting forth that in the yeare 1679 as a free man he Came into this p'vince and has been ever since here resident Desires Land according to the now Lords p'prieto's published Concessions, Agreed and Ordered that this matter be left to the Deputy Governor and p'prietors now in this p'vince to search into the Truth of the Allegac'on — and if They see cause that the Deputy Governor issue out his warr' to survey and lay out the same as Desired The petic'on of ffrancis Drake of piscattaway seting forth that 28th ffeb 1681, hee had a warr* from the Late Governor for 82 for 120 Acres of Land w'hin the bounds of Piscattaway — vpon examination it appeares not wherefore the same was granted — and that his p'tence is Convey'd or Assigned to Daniel Hooper, The Substance of the same petition is left to the Considerac'on and Determinac'on of the p'sent p'prieto's and if they see cause the Governor to issue out his warr' for laying out the same as Desired The petic'on of Richard Clarke of Elizabeth Towne for 300 Acres of Land for head rights according to the Concessions, Agreed and ordered that he makeing his rights appeare to the Governor that then a warr' be issued out by the Governor to the Surveyor Gen'all for laying out the same according to the Tenor and effect of the petic'on The petic'on of Gersham Bowne by Joseph Bonbridge his Attorney to have a pattent for 500 Acres of land according to the order of Councill the second of March last at \ p Acre, and the Addition of 120 Acres att such rent as the p'prietors and the petic'oner cann agree — It's ordered the matter of the petic'on be left to the p'sent Deputy Governor and Surveyor gen'all to Determine and Agree w'" the petic'oner to make a pattent for part or all as they see meet The p'etic'on of Joseph Bainbridge for the like quantity of Land upon the termes above expressed, it's ordered and agreed that the like reference bee as in the petic'on last above men tioned. : The petic'on of Jeremy Markham read — Desireing that land may be laid out for him w'hin the bounds of This Towne, ac cording to the p'portion expressed in the now p'prieto's Con cessions — It's ordered and agreed that he makeing his right appeare the Deputy Governor issue out his warr' for the laying out the same as is petitioned Vpon the Inspection of the gen'all Concessions of this p'vince, And vpon Consideration of the Absolute necessity of Laying out of Lands (Agreed and Ordered by the Governor and Councill to bee laid out and Survey'd) to sev'all p'sons, who have petic'oned to have the same in pursuance of their respective Rights granted by the said gen'all Concessions — It is Agreed and Ordered that the Surveyor gen'all Do not onely make such Subscripc'on for the faithful p'for- mance and Execuc'on of his office but also p'sent vnto the Deputy Governor, Two or more Deputy Surveyors for the more effectuall p'formance of that office of Surveyor who may make such subscripc'on for the ffaithfull p'formance of their respective Dutyes in that behalfe, And in Case the sur veyor gen'all shall not p'sent such p'sons for Deputyes vnto the Deputy 83 Deputy Governor w'bin the space of ffourteen Dayes now next Ensueing, That then the Deputy Governor appoint and Com- 'issionate Two or more p'sons skillfull in Surveying Causeing the said p'sons to make such Subscripc'ons as aforesaid woh said p'sons so p'sented appointed and Com'issionated and Subscribe- ing as aforesaid shall and may execute all warr'8 given out vnto them for Survey and make returns thereof, in order to the pattenting of Lands, that right may be Don vnto all p'sons and Justice neither Deny'd or Delay'd to be Don vnto every one The want whereof heretofore Dureing the late Goverm' vnder the late Lords p'prieto's has bin the occasion of many Conten tions Quarrells and offences taken ag' the Goverm* w0" we finde is not to bee w'bout trouble and Dificulty Allayed. Ordered and Agreed that Eliakin Wardell of Shresburey in the County of Monmouth gent bee High Sheriffe of the said County, and that the Deputy Governor issue out his Com'ission to him vnder the Seale of the p'vince Att a Councill held at Elizabeth Towne the 14th Day of August Anno Dni 1683 p'sent The Deputy Governor Captn Palmer ) Captn Sandford >¦ of the Counc: Benja Price ) It's ordered and agreed that a new Com'ission be forthw"1 issued out under the seale of this province for the Justices of the Court of Com'on Right, And that the Justices to bee Com- missionated vntill the Governor and Councill otherwise Doe order shall bee Coll Lewis Morris, Captn John Berry Captn Palmer Captn William Sandford Benja Price, Members of the Governors Councill, Thomas Warne Captn John Baker Sam" Dennes Benja Parkis Thomas Codrington M'chant, Daniell Hooper M'chant, and Lieueten' John Ward Att a Councill held the 15th. August 1683 att Elizabeth Towne p'sent The Deputy Governor Coll Morris Captn Palmer Captn Sandford Lawrence Andress & Benja Price of the Counc: George 84 George Heathcott and Captn vicars being here p'sent it was inquired of Geo. Heathcott whether hee upon any discourse w'h Governor Carteret Deceased, or w'h Captn Vicars before the Comeing of the proprieto'8 in this province viz' ag' the last winter, Ever tooke and agreed to take the house where the p'sent Governor now lives for winter onely or that the pro prieto'8 should come in here as Ten*8 for winter onely — George Heathcott affirmes that hee spoke to the late Gover nor ag' the last winter and his words were to him — That hee vnderstood that his father Groom and some other of the pro prieto'8 were then coming over vnto this province And said to the Governor, that it would bee well if hee would repaire the old house for them ag' winter for their winter Quarters, — But Denyes that he either tooke the same or Discoursed to take the same for any tyme, (as for the winter) or as to take it as a Tenant, or looked vpon the house as such Lawrence Andress being desired to appeare as a witnesse for Captn Vicars, who had alleged that the house was taken by the proprieto'8 for the winter onely and that the proprietors came into the same as Tenants — The said Lawrence being Desired to express his sence and knowledge thereof saith — That he was p'sent when George Heathcott Discoursed with the late Governor Carteret towards the last winter, some tyme before the Comeing of proprietors, And that George Heath cott Did then tell the Governor that hee vnderstood that his father Groom and some other of the proprietors were then Comeing over into this province, And said to the Governor that it would Doe well if he would repaire the old house ag' winter for their winter quarters — That there was then menc'on made that the proprietors were to build att Amboy point — but that noe menc'on made as if, the proprietors were to come in as Ten'3 or that they were to live in the house as Tenants for the winter onely or that they were to Remove from the house when the winter was over, or when they had built att Ambo poynt — noe menc'on or Discourse thereof to the best of my memory Lawrence Andress Att a Councill held at Elizabeth Towne the 16th Day of. August Dni 1683 p'sent The Deputy Governor ) , Thomas Warne Coll Lewis Morris Capt John Palmer Captn Wm Sandford J- of the Counc: Lawrence Andress '& Benja Price J The 85 The petition of Captn John Palmer and Tho: Codrington here p'sented, wch setts forth that they have formerly had by order of this board A warrant issued out according to Cus- tome for the survey of a Tract of Land belonging to them and their Associates att the Raritan, That the warr' has bin De livered to the now Surveyor Generali who refuses to survey the same untill the Lds Proprieto's sevenths bee sett out to them according to the Concessions — And further setting forth that the late Governor Carteret who well knew and was instruct ed w'b the proprieto's Intresthere, refused to Consent that the Land should bee laid out to them before hee had reserved to himselfe in his owne name and Ga: Mien veil the 4th p't thereof wch they Conceive was or ought to bee for the pro prietors sevenths Captn Palmer w*bDrawing and the same comeing in Debate and Consideration of this board it's agreed and Declared to bee the sence of the Governor and Councill p'sent And is given under their hands in writeing as followeth viz' — Vpon the petition of Captn John Palmer and Mr Tho. Codrington my sence is that Governor Carteret reserved the ffourth part of the purchase to himself as he was 'then a full Authorized p'son to secure the proprieto's seventh p't and therefore out of that fourth part the proprieto's Rights is to bee required, This is the sence of me William Sandford, This above written is the sence of vs vnderwritten Lewis Morris Lawrence Andress Benja Price Vpon the petition of Captn John Palmer and Tho: Codring ton my sence is that a seventh p't of that whole Tract of Land bee laid out for the proprieto's and then their other propor tions to bee laid out to them and not otherwise Thomas Warne Then the further resoluc'on at that tyme was suspended to the next meeting of the Councill Att a Councill held at Elizabeth Towne the 30th of August 1683 p'sent The Deputy Governor ) Sam" Groome fP'Pr Tho: Warne ) Captn Berry | s&sx** •f°ffcc°""<,: Benja Price j Then was againe Read over the petition of Captn Pal mer & Tho: Codrington, And in writeing Captn Berry gave in his sence viz' Governor Carteret having formerly taken 86 taken up farr more Land to his p'ticular than was Due to him by Concessions or grant of the Ld8 proprietors my sence is that the proprieto's seventh p't ought to bee bee taken out of the ffourth p' of the above sd Land next to the piscataway bounds and the rest to bee Devided amongst the purchasers, — Then Sam" Groome saith hee shall not Survey nor set others to Survey such Large Tracts of Land as Captn John Palmer and Associates laid Claime vnto in East Jersey vnless the seventh or a Compensac'on for the same Reserved for the use of the proprieto's in such manner as the Concessions Does Direct, East Jersey 30 6-mo Sam" Groome After a Considerable Debate of the p'misses in Councill the Governor proprietors and Councill came to this Resoluc'on viz' — That a warr' bee issued out by the Deputy Governor to the Surveyor Gen'all or Deputy Surveyor to Survey layout butt and bound the said Tract of Land in manner following viz* — one ffourth p' next vnto the bounds of piscataway to bee reserved for the vses hereafter expressed, — And the other three ffourth p'ts thereof to bee Surveyed and laid out in six equall and proportionable parts to and for the use of Captn John Palmer, Thomas Codrington, John White, John Delevall, Richard Hall and John Royse, their heires and Assignes equally that the proprieto'8 Seventh p't of the whole Tract of Land shall bee laid out and taken from and out of the above men- c'oned 4th p't next to Piscataway bounds and that ye remainder of the sd ffourth p't bee reserved to the order and Disposition of the Governor and Councill as they shall see Cause in Justice and equity, And that Captn Palmer Tho: Codrington &c giveing Accompt of the 4*b p't of the Indian purchase of all the said Tract that Sam" Groome Emburse them the same or such p't thereof as they have not Received The petic'on of Henry Greenland now read, the Contents whereof were to appeale to the Governor and Councill to Cor rect the Errors of a Judgm' had ag' him in the County Court of Essex at the suite of Edward Slater, vpon wch were a writt of Error into the Court of Com'on Right and Judgm' there affirmed, Vpon Debate and Considerac'on thereof it's the sense of this board that the Governor and Councill cannot Judicially as Governor and Councill Correct the Errors of a Judgm' affirmed in the Court of Com'on Right nor have power to Doe the same A pap. brought here by the hands of Stephen Osborne and John Arent, Subscribed by Isaac Whitehead and by him writt by order of the Comi'tte of p'sons Deputed by the" Towne wcl1 pap. was as followeth viz' — Whereas 87 Whereas it's publickly knowne that Coll Richard Nicholls, Did bypattent give and grant unto John Baker John Ogden, Luke Watson and John Bayly and their Associates a certaine Tract of Land bounded as in the said pattent is fully specified — And in as much as the said pattentee's and their Associates hath to this Day by force been p'vented of the peaceable In- joym* planting setling and reapeing the benefitt of the sd grant and pattent aforesd the w'e forre wee hope Cannot Deprive us of the benefitt ffreedomes and Im'unities intended vs by the sd Grant but on the Contrary from henceforth Doe Desire and Expect a Removall of the aforesd force and obstruc'ons of a full and ffree Injoym' of the said pattent or grant w*h all it's ffreedomes and Im'unities wob wee finde to bee the mindes of the most of the Towne w"1 vs, and wcb will best tend to a peaceable and loveing settlem' of the Inhabitants of the sd Elizabeth Towne, and soe Doing will oblige vs to p'forme what is required of vsaccording to the true intent and meaneing of the sd grant and pattent Eliz Towne by order of the Com'ittee or p'sons Augt 3th 1683 Deputed by the Towne Isaac Whitehead. wcb being Read and Considered the whole matters alledged being neither Matters of Record but meere Allegac'ons it's not knowne to the Governor and Councill, Therefore that a due Considerac'on may bee had to the matters offered and that the p'sons Addressing here are Interested therein It's the sence of the Governor and Councill That the Addressors here to this board Doe bring here the pattent of Governor Nicholls vnder the hand of the said Governor and the seale provintiall by w1* he made such grant as is alledged, That then the matters further Alledged may bee taken into Due Considerac'on and such order and agreem' made therein as may be Consistant to Justice and Equity The petic'on of James Graham and Sam" Winder in behalfe of themselves and Associates here Read, setting forth that the Governor and Councill Did formerly grant a warr' Directed to the Surveyor Generali to Survey a Tract of Land mentioned in the sd warr* lyeing on the Raritan River wcb warr' was Delivered to the Surveyor generali and hee refused to yeild obedience thereunto — And Sam" Groome the Surveyor Gen erali comeing here in Councill and being Desired to execute the same according to his Duty and his Com'ission either in his owne p'son or by a Lawful Deputy — And it being vrg'd to him 88 him that the warr' of Survey was neither to Determine the proprietors Right unto the. sevenths nor to Determine any other p'sons rights or p'tentions — And that neither by the Generali Concessions nor by the Governor, and Councills Com 'ission or Authority it lay in them to grant a warr' to appropri ate a Seventh to the proprietors by and in their warr' of Sur vey but onely to grant warr'8 for survey, But that the Tract of Land being in the hands of the petic'oners before the p'sent proprieto's Arivall here or Interest in this province it's necessary to know the quantity of Acres therein that the same may be appropriated w'h Respect to the In terest " of the petic'oners proprietors and others concerned And it appeareing to this board that the sd Sam" Groome has not quallified himselfe or any Deputy Surveyor to Execute the Just warr'8 of this board — It's ordered by the Governor and Councill that in pursuance of the order of this board of the 31 3-mo last Phillip Wells bee Deputed and appoint A Deputy Surveyor of this Province and that the Governor make him a Com'ission for that purpose and that the sd Deputy Surveyor being quallified according to the Concessions, That hee exe cute the Orders and warr'8 of the Governor and Councill, the said Sam" Groome p'emtorily refuseing the same in Contempt of this Board — It's therefore agreed and ordered by the Gover nor and Councill that the Deputy Governor issue out his warr' for survey of the said Tract of Land that the same may bee disposed and pattented according to Justice and Equity to the Respective p'sons haveing Right therevnto The Deputy Governor proposed a matter to the Councill for their Advice — viz' — That in Conference wth Sam" Groom about a Treaty w'b the Indians for a Tract of Land on the Raritan — The D' Governor alledged that it was most safe to make out Survey and know the quantityes of Land before any Treaty for purchase Sam" Groome alledged hee had seene the Land and would Treat Contract and agree before markeing or surveying out the Land, wherevpon the Councill Advised vnanimously that in makeing any purchase of Indian Right the same should bee marked and Surveyed not onely before paym' but alsoe be fore any Treaty Contract or Agreem' w'b the Natives Agreed and ordered that the grant lately had from the Duke of yorke to the proprietors bee Entered upon Record Tho. Rudyabd John Beeey J. Palmeb Wm Sandfobd Benjr Pbice Att 89 Att a Councill held att Elizabeth Towne 20th November 1683 p'sent The Deputy Governor Captn Berry Captn Palmer Captn Sandford & Benja Price of the Counc: In pursuance of the Adjournm* of the gen'all Assembly agreed upon the last Day of May last past the Major p't ofthe Deputyes and Councill mett together in Elizabeth Towne and . then Adjourned to the 23d Day of November Att a Councill held at Elizabeth Towne the 23 November 1683 p'sent The Deputy Governor Captn Berry ) Captn Palmer >• of the Counc: Benja Price ) A Bill sent here from the Deputyes by the hands of John Hans &c Entituled an Act for the makeing and setling of highways passages landings Bridges and fferryes w'bin this province w'h their Concurrance Then Adjourned till 8 a Clock tomorrow morneing Att a Councill held at Elizabeth Towne the 24*b of Novem ber 1683 p'sent The Deputy Governor Captn Berry "J Captn Palmer I of the Counc. Captn Sandford I Benja Price J A Bill sent here from the Deputyes Intituled a Bill for the more Regular ordering of fences wch being Read, Agreed that the Governor and Councill, Concurr therew"1 and that the same bee signed by the Governor A Bill sent from the Deputyes for the further Explenac'on of the Law in -the Month called May 1683 concerneing swine, agreed that the Consideration thereof be Defferd vntill the 26th Instant and that the Members of the Councill take opportunity in the meane tyme to Confer with the members of the house of Deputyes about the same Att K 90 Att a Councill held att Elizabeth Towne the 26th Day of November 1683 p'sent The Deputy Governor Captn Berry 1 Benja Price > of the Councill Capt Palmer ) A message from the Deputyes as followeth The house of Deputyes have made Choyce of Mr Sam" Dennes and John Hans to Joyne wtb a Com'ee from the Gov ernor and Councill to Consider of the Bill concerning the pro- hibiteing the sale of strong Drinke to the Indians By order of the house John Bound. Agreed that the Governor and Councill bee in a Com*ce to meete the Deputyes on the subject matter of the message above The Comtee mett and Considered of severall heads in order to draw up a Bill Then Adjourned to 8 a Clocke tomorrow morneing. Att a Councill held att Elizabeth Towne 27th Nov 1683 p'sent The Deputy Governor Captn Berry ) Captn Palmer >• of the Counc : Benja Price ) Agreed that Captn Palmer Draw vp a Bill on the subject matter on wch the Com'ee yesterday Consulted The Bill being drawne up and Read, agreed that the same bee Transcribed and sent to the Deputyes for their Concur rence. A Bill sent from the Deputyes Entitled an Act to p'vent Tipling, read and ordered that the Governor signe the same A Bill sent from the Deputyes Intituled an Act for Regu- lac'on of ordinaryes — read and Amended and ordered that the same be signed by the Governor and sent to the Deputyes for their Concurrence A Bill Intituled an Act for the more Regular ordering of ffences — order the Governor signe the same . A Bill sent from the Deputyes Intituled an Act to Incourage the killing of woolves, Read and ordered that the Governor signe the same The 91 The Bill for the explenac'on of the Act Conserneing swine, Amended read and agreed that the same bee signed by the Governor and sent.to the Deputyes for their Concurrence — Agreed that Captn Berry ahd Captn Palmer Carry vp all the Bills above menc'oned to the Deputyes Adjourned to 8 A Clock tomorrow morneing Att a Councill held at Elizabeth Towne in the County of Essex Nov 28 1683 p'sent The Deputy Governor Captn Berry ) Captn Palmer >• of the Counc: Benja Price ) Adjourned to 8 A Clock tomorrow morneing Att a Councill held at Elizabeth Towne the 29th Nov: 1683 p'sent The Deputy Governor Captn Berry 1 Captn Palmer 5- of the Counc: Benja Price ) A Bill Intituled an Act for the Regulac'on of makeing of Pattents for Land read and Ordered to bee signed by the Governor and sent vp to the Deputyes for their Concurrence by Captn Palmer & Captn Berry A message from the Deputyes for a Com'ittee to Debate about horses read and agreed that the members of the Com'ittee now p'esent meete the Deputyes in a Comee The Bill for Regulac'on of Ordinaryes — The Bill for the Explenac'on of ye Act about Swine — A Bill for Regulateing Trade w'h the Indians sent by this Board to the Deputyes, Re turned wtb their Concurrence The Comee meeting Drew vp some heads for a Bill to bee prepared — ordered that Captn Palmer Draw vp a Bill to bee sent to the Deputyes in order the same may bee passed into an Act A petic'on of Cornelius Longfield setting forth that by Con sent of the late Governor Carteret hee had purchased a Tract of Land of the Indians on the south side the Raritan River, had a warr* granted him the 25th June 1681, for the survey thereof, That it was accordingly surveyed and Desires a pat tent thereof, vpon inspection of the warr* for survey the Date appeares to bee altered and the warr' was made as appeares by the 92 the Records the 25th of Oct 1681— and the survey thereof appeares not to bee the late surveyor Generalls hand writemg nor his name thereto but by some other hand and the Indian Deed of Sale not Recorded, Its agreed that a warr' bee Issued out to the now Deputy Surveyor to survey the whole Tract of Land in the Indian purchase and that the quantity of Lands to bee granted may bee then Considered, according to Justice, and that the Indian Deed of Sale or proofe thereof bee Entred on Record Adjourned to 8 a Clock tomorrow morneing At a Councill held at Elizabeth Towne in the County of Essex 30th Nov: Anno Dni 1683| p'sent The Deputy Governor Captn Berry ~] B^SoT of the Counc Captn Sandford J Ordered that Captn Palmer and Benja Price goe from this board to the Deputyes and Call of them for their Concurrence to the Bill for the Regular makeing of pattents for Land. A Message from the Deputyes for a Comee of some number of p'sons of the Councill and Deputyes about the publick Charge of the Country — Agreed that this board Concurr wth them therein, and that Captn Berry Captn Palmer Captn Sandford and Benja Price or any three of them Attend the same A petic'on of Otto Laurence to have a Tract of Land in the south River hee had bought of the Indians by Bill of Sale Date 2 May 1681 — the bill of sale being produced — hee was asked if hee had a warr* from the Late Governor to purchase of the Indians hee Answered no, hee had often Desired but was refused — The Bill of Sale was of Edward Slaters write ing — hee being p'sent sayes hee knowes nothing of Otto Laurence buying it w*hout warr* being onely Employed in it to make the Bill of Sale A Bill for Regulac'on of abuses in takeing vp horses, Transcribed Read and agreed to be signed by the Governor and sent vp to the Deputyes A Bill Entituled an Act for the better Enabling of p'sons in this province to Recover their Just Debts ags' non Residents read and agreed to bee signed by the Governor and sent vp to the Deputyes The 93 The Two last bills to be sent vp by Captn Berry Captn Palmer and Captn Sandford Ordered that they call on the Deputyes for their Con currence to 2 Bills sent them the last Convenc'on — one En tituled an Act for the Malitia — the other to Regulate Treaties w'b the Indians A Bill sent from the Deputyes purporting a grant of a poll for the Governors Charge read and the Consideration thereof Defer'd till tomorrow Adjourned to 8 a Clocke tomorrow morneing Att a Councill held att Elizabeth Towne in the County of Essex — ffirst December 1683| p'sent The Deputy Governor & p'pr Captn Berry ~) Captn Palmer I Captn Sandford & [ Benja Price J Beniamin Price one of the Members of Counc. giveing the board to vnderstand that in pursuance of an Order of this Board that the Governor had issued out his warr* of the 20th May last past for laying out and surveirig to him 270 Acres of Land in the bounds of Elizabeth Towne w*b meadow in pro- porc'on wcb warrant was Delivered to Sam" Groom the late surveyor Generali Deceased, and not Executed fully, vpon Con siderac'on thereof the said 6enja Price w*bDrew out of Coun cill — It was resolved and Ordered that the Governor issue out his warr' to Phillip Wells the Deputy Surveyor to survey and lay out the said 270 Acres of Land according to the warrant formerly granted and make returne thereof to the Secretaryes office The Deputy Governor giveing the Councill to understand that after the Death of Captn Sam" "Groome the late Surveyor and Surveyor Generali the goods and Chattells wares and M'chandies of and in the hands and Custody of the said Sam" at the tyme of his Death hee had Caused (most whereof hee app'hended belonged to the proprieto's of this province) to be apprised and Inventoryed — by ffour Apprisers — had given accompt thereof to Geo: Heathcott Captn Grooms sonne in Law who absolutely refused to Concerne himselfe w'b the Estate — That noe will appeares to bee made by the Deceased — That the goods and m'chandises in his hands will Dayly suffer losse if not Disposed off — That all the bookes and papers of 94 of the Deceased are sealed up by the appraisers and now in the Deputy Governors house whereby all Recourse thereto is pro hibited and thereby the Debts lyeing out cannot bee Received woh matters being proposed to the Councill for their advice it was advised agreed that — That the Deputy Governor being the Ord'nary of this province and haveing power of Adm'istration may either take keepe or Dispose of the said goods as hee sees Causes — Hee being not onely a proprieto' soe principall Creditor in the pro vince to the Estate of the proprieto's in Captn Groomes hands — but as the proprieto's Estate was by Bill of Lading Con signed to him in Case of Captn Grooms Death — That as to the Bookes and pap's in Case that Garven Laurie the proposed Governor arive not heare by the 25th instant that then the ap praisers of the Estate or such of them as Can Attend it takeing such to them as they shall see meet open and inspect his pap's and accompts and after Inventory thereof made De liver the same to the Deputy Governor A Message from the Deputyes Desireing somany of the Councill as this board shall see meete to Joyne w'b ffour of the Deputyes as a Committee to Debate about Two Bills one to Regulate Treatyes w'h the Indians and the other to Regulate the makeing of pattents for Land Ordered that the Councill here p'sent forthw'h attend the said service An Act for the Malitia sent here by the Deputyes An Act Entituled an Act to p'vent strangers Com'enceing vexatious suites ag' the Inhabit: in this province also sent from the Deputyes Agreed that the same bee passed and signed by the Governor Ail Act for the making Rates for severall p'sons as Deputyes Clarices & of the Counc : Benja Price ) A Bill sent from the Deputyes Entituled An Act for Defray ing the Publicke Charges of the province — read and ordered that the Governor for Concurrence signe the same The Petic'on of John Gillman setting forth that hee was one of the ffirst setlers in piscataway, brought in severall heads has not his Land laid out According to the Concessions — vpon In- quirey made it appeares by the bookes of Record that the 8th April 1676 — a warr* was issued out to the surveyor Generali then to survey and layout unto him 200 acres, some part there of is Alledged to bee Allready Surveyed to him but not any Retorne thereof — It is therefore Ordered that the Land formerly laid out to him bee againe surveyed and somuch more as will make up the 200 Acres, all in the bounds of Piscataway — And that a warr* bee issued forth to the Deputy Surveyor for that purpose A Bill Entituled an Act to p'vent vexatious Delayes in Law sent from the Deputyes read and agreed that the same bee signed by the Governor for Concurrence An Accompt of p'sons and sumes of money to bee paid by Henry Lyon out of the moneys raised by the Bill Entituled an Act for Defraying the publicke Charges of the province, wch being read — ordered that the Governor signe the same vpon Debate and Considerac'on of the Rangers ffees to bee paid and allowed by the Respective p'sons Concerned or to bee Concerned in the Execution of the Bill Entituled an Act for the Regulateing abuses in takeing up horses, That these Respective ffees and no other shall bee taken by the Chiefe Rangers in this province — viz* ffor every horse Mare or gelding or other beast Landed in this province, or to be Conveyed or Carryed through this province to west Jersey, for the Tolling and Certificate one shilling in silver money or' the full value thereof ffor the examining of a Certificate att piscataway, or in those parts or the supposed last place in the province when any horses Mares or geldings or other Cattle may bee Ridd Driven or Carryed, for every horse Mare gelding or other beast in sil ver one shilling or the value thereof ffor 100 ffor the Tolling and Entring the marke of every horse &c to be marked by any p'son 3 d in money A Bill Entituled an Act for the Regulac'on of markeing Cattle read and agreed to bee signed by the Governor and sent vp to the Deputyes by Benja Price The Bill Entituled an Act for the Regulation of markeing of Cattle Delivered by the Deputyes w*b their Concurrence Ordered that a Com'ssion bee issued for holding a Towne Court in Bergen — Justices or Members Clais Arentson Toures p'sedent, Hans Dedricke & Enock Machielson — or Two of them Tho: Rydyabd John Bebby Wm Sandfobd Benj1 Peice Att a Councill held at Eliz Towne in the County of Essex 28"' Day of ffebruary 1683| p'sent The Deputy Governor Maior Berry ) Maior Sandford >• of the Couno. Benja Price ) Garven Lawrie Esq' one of the Lords proprietors of the said province p'duced his Com'ission to bee Deputy Governor under Robert Berkley Esqr one other of the proprieto's thereof and Governor of the said province, wob being read it was agreed and Ordered that the same Com'ission bee Entered on Record and bee this Day published in the Court of Com'on Right and hee is hereby Recognized Deputy Governor of the province of East New Jersey The Governor then Declared in Councill that as to the Mem bers of Councill here p'sent, viz' Major Berry, Major Sandford and Benja Price, that hee heareing soe good a Carrecter of their Integrity to the Goverment & province it was his will and Desire that they should Continue as Councillo's — And further that Captn Palmer of the late Councill by reason of his Public Employ in the province of New Yorke has Desired a Discharge from the service of this board — And that Co" Morris being also mostly Absent and Liveing in the province of New Yorke and Lawrence Andress mostly absent, it was necessary to appoint others as Addic'on to the former Councill viz' Richard Hartshorne of Middletowne in the County of Monmouth Sam" Dennis of Woodbridge, Henry Lyon of Elizabeth 101 Elizabeth Towne and Captn Thomas Codrington of Raca- wackhacca on the Raritan River and that a Com'ission bee forthw"1 made for the Eight Members of Councill to Continue viz' for Coll: Morris, Major Berry Major Sandford, Captn Cod rington Benja Price Richard Hartshorne Sam" Dennis and Henry Lyon It's agreed and Ordered that there bee made a new Com 'ission for the Justices of the Court of Com'on Right and therein inserted all the Members of the Councill together wtb David Barclay, Thomas Warne, Lievetenant John Ward and Tho. Johnson Ordered and Agreed that a Declaration bee Drawne up set ting forth the new' Governor's Com'ission w*h a Confirmac'on of all Com'issions — Magistrates and officers, Civill and Millitary in the province vntill further Order Adjourned to 8 A Clocke tomorrow morneing (&QVtV\UHt and proprieto's of the Province of. East New Jersey. To our Trusty and well beloved Collonell Lewis Morris of Shresbury in. the County of Monmouth Esq' Major John Berry of the Towne and County of Bergin Esq', Major William Sandford of New Barbadoes in the County of Essex Esq', Captn Thomas Codrington of Rackawackhacca in the County of Middx Esq' Benja Price of Elizabeth Towne in the County of Essex gent, Richard Hartshorne of Middletowne in the County of Monmouth gent, Sam" Dennis of Woodbridge in the County of Middx gent, and Henry Lyon of Elizabeth Towne in the County of Essex gen', send, Greeting, wee being well assured of every of yo' Capacity wisdome, prudence and integrity in the managm' of the publicke affaires of the said Province, Have made Choyce off, Constituted and appointed, and by these p'sent Doe make Choyce off you the said Coll Lewis Morris, Major John Berry, Maior William Sandford Captn Thomas Codrington, Benja Price, Richard Hartshorne, Sam" Dennis and Henry Lyon and every of you to bee of the Councill for the managm* of the publicke affaires of this province and to bee Assistant to the Governor or Deputy Governor of this Province in all Debates Consultac'ons Reseluc'ons, and proceedures as well in the Councill as in the generali Assembly of this province and otherwise and in all Matters Causes Cases and things belonging to the office and place of a Councillor, you and every of yo" are to Doe and Act to the best of yo' skill knowledge and Discretion, and According to our Instrucc'ons and .the Lawes and Constituc'ons of this province, Given vnder the 102 seale of the said province this Eight and Twentieth Day of ffebruary, And in the xxxvj"1 yeare of the Reign e of King Charles the second over England &c Garven Lawrie, By order of Councill Tho: Rudyard Secret' The subscription of the Councill this xxviij"1 Day of ffebruary Anno Dni 1683| <$$tt and every of vs whose names are herevnder written Doe severly and each for himselfe solemnly promise to beare true allegiance to the king of England his heires and suc cessors, and to bee true and faithfull to the Interest of the Lords Proprieto's of the said Province and to their heires Executo's and Assignes, & Endeavour the peace and wellfare of the said province and that every of vs respectively now being of the Governors Councill, shall and will to the best of our Judgm' and at all tymes freely and faithfully give our Advice to the Governor for the good managem' of the publicke affaires of this province and shall not nor will not Revaile Directly or Indirectly to the Injury or p'iudice of the Gov ernor and Lords proprieto's any matters as shall bee Debated in Councill or Com'itted by them to our Secrecy but in all things Doe and Act as true and faithfull Councillo's when thereunto Required Johh Bebby Henby Lyon Sam" Dennis Wm Sandfobd ; Benj" Peice Att a Councill held at Elizabeth Towne in the County of Essex 29th ffeb: 1683| p'sent The Deputy Governor & p'pr Tho: Rudyard Secret' & p'pr Major John Berry Major Wm Sandford Lawrence Andresse Benja Price Sam" Dennis & Henry Lyon ? Counc. The petic'on of Jonas Wood of Eliz' Towne setting forth that vpon the Death of D' W,n Taylor the Deceased was indebted to him, That he and Wm Broadwell Entred into bond 103 bond after Taylors Death to Admi'ster his Estate — but since no Admistration granted — but that Broad well notw"1 standing Receives the effects of Taylors Estate but gives noe Accompt thereof to the petic'o' and prayes Admi'stration — wob being read the petitioner and Will. Broadwell came before the board — Broadwell Denyes hee has recd anything — since Taylors Death, in his life tyme hee recd about 20s and noe more — after hearing of both p'tyes it's ordered that Admi'stration be granted to the petic'o' The petic'on of Captn Palmer Captn Codrington John Rice & John White, setting forth that they have had severall Tracts of Land att Racawackhacca by Raritan River surveyed to them by warr' from the late Governor — Desireing pattents for the same — It's agreed and Ordered that they have their Lands att Two pence an Acre, And have pattents made by the Sec retary at one halfe penny an Acre, they purchaseing at Twelve yeares purchase the Tree halfe pence an Acre for the Lands they have Respectively pattented to them, to woh the petitio'8 ¦ agreed The petic'on of James Grayham, Sam" Winder John White and Cornelius Corson, to have a pattent of the Lands lately surveyed to them lyeing on the Raritan River. Agreed that they have their said Lands pattented they paying Two pence an Acre — viz' — purchaseing at Three halfe pence an Acre att Twelve yeares purchase and paying by pattent -£d p Acre The petic'on of Mary Mitichell widd, setting forth that by Articles of Agreem* made by Arent Sonimans Deceased w*h her Deceased husband, shee and her ffour young sons were by Articles Transported out of Scotland into this province at the Charge of the said Arept Sonimans, but since their Arrivall here no Care has bin taken for their Children they being all Arent Sonimans Servan'8 wcb is to her great Charge and ex- pence — Desireing Either that some p'son for Arent Sonimans may receive them or that they may bee Discharged from their obligation ; vpon Reading the Articles of Agreem', and David Barcley one of the proprieto'8 and agent or m'chant for Arent Sonimans being here present — It's agreed and Ordered that David Barcley reemburse the petic'o' for her Charges expended in the Childrens maintenance — And that such Inhabitants of this province who will keepe the Children vnto seventeene yeares of Age & maintaine them may have them bound to them to that age The petic'on of John Robinson Wm Pinhorne Rie: Jones and Mathew Taylor praying a Pattent for 2000 Acres of Land on the Raritan River w*b lib'ty to Dispose of a Considerable parcell 104 parcell of Land Adjoyneing, or that the proprieto'8 take the said whole Tract of Land into their hands reemburseing the petic'o'8 their Indian purchase w'h Costes and Charges — woh being read Agreed and Ordered that the petic'o'8 bring an Account of the Indian purchase and Costes to the Governor that then the petic'on may bee further Considered The petic'on of John Robinson setting forth a Title hee holds of Lands from the purchase of Robert vauquellin of 700 Acres of Land on the Raritan River — 500 thereof from a grant of Sr Geo Carteret and 200 Acres more for Servants Imported accord ing to the Concessions prayes a pattent for the same. The matters Admitting of some Dificulty more then now to Deter mine the same, is referred to the Governor to receive further informac'on from the petic'o' or his agent as they shall make applicac'on to him The petic'on of Joseph Bainbridge setting forth that hee had a grant from the late Governor Rudyard and Councill for 500 acres of Land on Raritan at -£d p Acre, and that one hundred and ffifty Acres Adjoyneing should bee reserved to the Lords Proprieto's, and pray that hee may have the whole viz* 500 Acres att ia p Acre and the 140 acres at the proprieto's Termes ; after Considerable Debate and Considerac'on — It's ordered and agreed that the petitio' have 500 Acres of Land att id p Acre — but if the 640 Acres it must be at 2d p Acre The petic'on of Richard Jones for Land Adjacent to the last above mentioned being of the same Contents It's ordered and agreed as above The like Petition of Grosham Bound for one other like Tract of Land ordered and agreed as above Adjourned to 8 A Clocke tomorrow morneing Att a Councill held at Elizabeth Towne the Is' of March 1683| p'sent The Deputy Governor & p'pr Tho: Rudyard Secre'y &p'pr Maior Berry ~) Major Sandford | Sam" Dennis [-of y" Counc. Henry Lyon & Benj" Price Complaint being made to this board that many runaway servants and vagrants passe out and through this Province w'bout examinao'on or Inquirey — Ordered and Agreed that there 105 there bee a warr' issued out into Each County to the Sheriffs, Justices and Magistrates to p'vent such vagrants and runaway servants wandring or passing through the province The petic'on of John Gillman setting forth hee was one of the ffirst Setlers in Piscataway had a warr' to lay out Land from Major Berry when Deputy Governor and from Captn Carteret also a warr', but never had Land laid out to him, De sires Land — Ordered that hee have a warr' for the Survey of 200 Acres according to the Order of the 2d of December last past w'b the further Ad die' on of 109 Acres in Right of Israel ffoulson w'bin that Tract of Land called Piscataway Bounds. A petic'on of Sam" Moore setting forth hee had 260 Acres of Land ag' Ambo poynt survey'd for w011 hee Desires a pattent, and other Land Desires may be surveyed to Complaite 600 Acres for wcb hee had the Order of the late Lords Proprieto's in the yeare 1672 — vpon Considerac'on and Debate of the p'mises it was agreed and the Governor Declared that in some short tyme hee would accompany him to the Land surv'ed and will Accommodate him w'h the whole 600 Acres so soone as possible Att a Councill held in Elizabeth Towne the 29th May 1684 P'sent The Deputy Governor Tho : Rudyard yrop'r & Secrety Major Berry Cap' Codrington Benja Price & Henry Lyon The Petition of Mary ffletcher setting forth that Seth ffletcher her late husband Deceased in his life tyme purchased 26 Acres of Land in Elizabeth Towne, neare Adjoyneing to the house now in the possession of David Barclay, wcb house and Lott are p't of the 26 Acres and four Acres of Meadow in Elizabeth Creeke, — wcb Land was not held by pattent but by other p'tences from Nichols pattent, and such pretencs, That her Sonn in Law Seth ffletcher hath acquited his interest therein to her and requests a pattent thereof: shee being called in produced a gen'all Release but not of Land — onely of Acc'ons &c, And after a full Debate and heareing of Henry Lyon of whom most of the land was purchased or Contracted to bee purchased — and Declared his vnwillingnesse that the Land should bee pattented vnto her w'bout the Consent of Pembleton ffletcher the heire att Law of the said Sith ffletcher —It's M 106 — It's agreed and Ordered that a Coppy of the petic'on bee sent to Pembleton ffletcher— And if Pern: ffletcher vnder the Petic'on Declare hee is willing that the Petic'o' shall have a Pattent for the same and send his Assent Attested by the Authority of the province where hee Inhabites, then the Gov ernor and Councill will take the petic'o's petic'on into further Considerac'on A petic'on of Thomas Bartlet and Tho: Lawrie Desireing Each 60 Acres of Land on the west side of Raraton River ag* Ambo poynt — It's ordered That warr'8 bee granted to the Sur veyor gen'all to lay out to Each of them 60 Acres of Land, and that they have pattents for the same payeing the yearely Rent of 2d p Acre David Esmonds Requests to have fforty Acres of vpland and 6 Acres of meadow neare Cheesquace It's ordered that a warr' bee granted to the Surveyor gen'all to lay out the same in order for a pattent John Pearce Request for 500 Acres of Land by Stephen Osborns to Adjoyne to 20 Acres hee lately purchased of Benja Wades — It's referred to the Governor and Secretary to Dis course him, And as they see Cause, to grant him what hee petic'ons for, or as they see meet The Petic'on of David De Maie & Sam" De Maie setting forth that they have an Indian Deed of gift for a Tract of Land on Hackingsacke River, Containing 300 Acres or there aboutes — Desire lib'ty that they may have a Conveyance thereof — Agreed and Ordered that they have a Deed Drawn vp by the Secretary, a warr* to Survey the same and after survey a pat tent att a Certaine Rent to bee paid An'ually The Petition of yougham Antonius Roberts a ffree borne Negro Desireing Liberty to purchase 200 Acres of Land of the Indians on Hackinsacke River, And it being for Land given him— It's ordered a Deed bee Drawne — a Survey thereof being made ; that hee have a pattent for 100 Acres thereof att Rent Certaine. The petic'on of Nicholas D Vow, David Rawford and Andrew Tebo sevr'ally to purchase Lands on the west side of Hackinsacke River — Nicholas D Vow to have 300 Acres -D Rawford 300 Acres and A Tebo 600 Acres — Read and Ordered — that the Governor appoint some p'son or p'sons to treat and agree wtb the Indians tor the Tract of Land, and purchase the Indian Right to the same and grant them to the petic'o's Re spectively such p't and p'cells thereof wob may answer the heads or hands they have Respectively to improve the same. The petic'on of william Broadwell for a p'cell of Sunken meadow 107 meadow on the South side of Eliza Creeke next Adjoyneing to the house and Lott Lately Benj" wades — ordered that the same bee left to the Deputy Governor and that hee Dispose thereof as hee sees meet, and that hee grant a warr' to Survey the same and lay it out to the petic'o's or some other as it may lye most Convenient for, that the same may bee kept from being a Nusance The petic'on of Gabriell Monnell, setting forth that by order of the late Governor Carteret hee became Joynt purchaser of a Tract of Land on the North side the Rariton River w'b Cap' John Palmer and Associates, That a gen'all Survey was made thereof, and Request a warr' to have his proportion Surveyed to him — Agreed and Ordered that the matter in the petic'on bee Referred to the Governor and Secretary, and if hee will setle in this province on their Termes they may agree w'h him A petic'on from John Bound setting forth his father John Bound Deceased had an Order to take vp and purchase of the Indians 500 Acres of Land granted by the Late Lords proprie to's to him as a pattentee of Neversinks — That hee had pur chased the Land of the Indians and request to have a warr' to Survey the same to him — The matter being here fully Debated And Cap' Bound, brother to the petitio's father, and the petitio' being here p'sent and being Inquired whether the widd. Bound had Nicolls pattent, they Answered they believed not, but they believed Richard Hartshorne had the same, — The petic'' said his father some tyme past had it, that the last spring was I2m it was sent for to these parts and his Mother Delivered the same to the Messenger — It appeareing that the 500 Acres granted to the Deceased was for the Surrender or resigneing of Governor Nicolls pattent of wch hee was one pattentee — It's ordered it bee referr'd to the Governor to Answer the petic'o's Request, who may grant a warr' for Sur vey as hee sees meet and Just A petic'on from Eliza Carteret widd: the Relict of the late Governor Carteret, setting forth hee had a grant for 2000 Acres of Land as the gift of the Late Lords proprietors to bee taken vp by him in any part of the province — That in Anno 1679 the late Governor Carteret in pursuance of such grant pur chased an 8th p't of a Tract of Landjon the Raraton w'b Capt John Palmer and Associates — requests a warr' to Survey the same — upon Inquiry and examination of the petic'on — It appeares not that this Land was taken up for him on such accompt as alledged — That by former Sence of Councill that 8*h p't was Addjudged to belong to the proprieto's — vpon 108 — vpon Considerac'on of many Clamours ,that has made ag* the proprietors and Late Governor on p'tence of Rong Don her — It's ordered that shee bee Desired to bring in the full and whole of her Claimes of the proprieto1'8 That the same being att one Considered, Justice and Right may bee Don her in all matters whatsoever w*hout Delay. Thomas Rudyard one of the proprieto'8 of this province p'sented his Case here, setting forth that hee had noe Land yet laid ont to him in the province altho his famely here. Desire an order to the Surveyor or Deputy Surveyor for a warr* to Lay out and Survey vnto him the quantity of 5000 Acres of vpland and Meadow w*bin this province or such other number of Acres as the Councill shall see meete to bee laid out in such p'cells or places in the province as are apt and fitt for im provem* and not appropriated or Legally vested in any othe p'ticular p'son — wch being Read, the said Thomas Rudyard wlb Drawing, The Councill Adjoured to 8 A Clock tomorrow morneing Att a Councill held att Eliza Towne the 30th May Anno Dni ,1684| p'sent The Deputy Governor Tho: Rudyard prop'r & Sec Major Berry Cap* Codrington Benja Price & Henry Lyon A Large Letter of Instrucc'ons from the Lords proprietors in England Directed to Garven Lawrie &c ffellow proprietor, in Councill Dated in London 2d January 1683 Subscribed by the Number of 16 of them woh being read amongst other things therein Contained was that they would not allow the Governor and Councill to grant any Land in the province wtbout the Consent of the Major part of the proprietors or their proxes To this I Thomas Rudyard as one of the pro prieto's of that sd province Do Enter my Solemn protest, Declareing the same to bee ag* my just Interest and Right and the knowne Rec'd practices and priviledges of the Governor and Councill of this province in whom is the Right of granteing Land by the gen'all Concessions of this province The Kings Proclemac'on to the proprieto's planters and In habitants 109 habitants of this province being here Read, Ordered that the same bee sent and published to all the Inhabitan'8 in this pro- province, and to that End that two of the printed proclama- c'ons bee sent to each Sheriff of a County that in Each Towne att some publicke assembly w'hin tenn Dayes next after the [they] Come to hand they bee there publickly Read and after affixed vp att Each publicke meeting place in Each Towne The Governor and every one of the Councill after Debate and serious Considerac'on of the Contents of the proprieto's Lett' above mentioned Doe app'hend, That as the Lett' is not Directed to them they are not obliged to take notice thereof, and that the Rather for that the proprieto's in England have not their p'ties here whereby they might lay out Land by the Major Assent of them here either to any proprieto's or planter. And that vntil the Governor and Councill heare further from the proprietors they will lay out Land as formerly the Denyeing or forbearing whereof will bee of absolute losse and Damage to the province, not onely to Discourage planters here but to make provision here for such as are to bee Transported from Scotland or England into these parts. The petic'on of Hans Dedricke Elias Mekellson and Adrian Post in behalfe of themselves and other Inhabitants of Aquaqua- nuncke setting forth they had purchased by order of the late Governor Carteret A Tract of Land Containeing 5520 Acres wcb is to bee Devided amongst fourteen ffamelys of them, those settled pray they may have a gen'all Pattent for the same, — It's ordered that the Indian sale being Recorded — Arrerages of Rent paid, that a pattent bee made and granted them att one halfe penny p. Acre yearely Rent The Petic'on of John Demarest for License to purchase 200 Acres of Land of the Indians at Kinderkamaeke att Hackin sacke above the Mill in Order to the pattenting thereof, Order ed that hee have License granted him to purchase, makeing vse of such p'son as the Governor shall appoint for Nicholas Devow and others who p'sented their petic'ons yesterday — And the Governor appoints J° Demaree to Attend the same The Petic'on of Peter Johnson Jacobus Johnson, Hendricke Tunison Vorther Tunison, Peter Tyson, Mathew Henderson, and John Tunison for 1000 Acres of Land att Chingaroras Creeke vpon the South west side of the said Creeke — It's or dered and agreed that the Petic'o's have warr'8 to layout to Each of them, except John Tunison, 120 Acres of Land, and to John Tunison 200 Acres, Adjoyneing to the Land of Thomas Rudyard att an An'ual Rent A paper brought in here as ffolloweth, — It's Desired by Da vid no vid Barclay in behalfe of him selfe and the proprieto's belong ing to Scotland, — That hee may have an Order to the Surveyor to sett out for Each proprieto's some Tract or Tracts of Land, That it may bee Ready surveyed before the Shipps Arive whereof Advice is Come that they were prepareing The Like is Desired by the order of Wm Dockura and Tho mas Warne and other proprieto's of East Jersey — That they may have warr'8 to the Surveyor for setting them out Land to sette people vpon — It being proposed by the Governor that 2000 acres to Each of the proprieto's above mentioned might suffice at p'sent, It's ordered that warr'8 bee issued forth to survey to Each of the said proprieto's 2000 Acres of Land. Vpon further Consideration of Thomas Rudyards, Case — It's agreed and Ordered that a warr' or warr'8 bee made and Issued out to the Surveyor gen'all or his Deputy to lay out to him any Quantity or Quantities of Land not exceeding in all in the Number of Acres of Land Three Thousand Acres for the p'sent as hee has Desired. Att a Councill held at Eliza Towne the 29"' of August 1684| p'sent The Deputy Governor Major John Berry Major Wm Sandford Benja Price Hen: Lyon & Sam" Dennes The petic'on of Cornelius Longfield setting forth that by virtue of a warr' granted by the late Governor Carteret, hee had laid out to him a Tract of Land vpon the South side of the Raritan River Containeing 440 Acres of vpland — together w'b 50 Acres of Meadow, praying a pattent for the same — Read and ordered That Cornelius Longfield attend the Councill the next sitting in order to have his Petic'on Answered The Petition of Caspar Ianson and Alattys Ianson — setting forth that about seven yeares since the petic'oner obtain'd by gift from the Indians a parcell of Land lyeing att Hack insacke on the North side of the Creeke — w°" gift was then also Ackowledged by the said Indians before the late Governor Carteret, who promised the petic'o' a Con- firmac'on of the same, onely Delay'd the full grant or pattent till the adjoyneing Lands should bee purchased from the In dians and laid out in Lotts — And that since one Jacques La Row hath Entred vpon the said Lands and taken possession of Ill of the same w'bout haveing any Indian Deed of gift — The Petic'oners praying a warr' to lay out the same Directed to the Surveyor gen'all in order for a pattent— woh being Read and the Petic'o's call'd in who brought w'h them Two Indians that had formerly given the said Land to the petic'oners, and the Indians being Examined Concerneing the p'misses Declared that they never made any Deed to Jacquies Le Low of the said Lands but that the same Did belong to the Petic'oners, wherevpon it was Ordered that both p'tyes attend this board the 27th 9be' next — that they bring w'b them the Indians Con cerned — And that Jacquies La Row have notice thereof The Peti'con of Rob' Hamilton for a warr' to lay out a peece of Land lyeing wthin the bounds of Midletowne Con- taineing about 50 Acres — Read and ordered that the sd Rob' Hamilton attend this board the next sitting of the Councill to make his Right appeare to the sd Land The petic'on of John Lambert for 100 Acres of Land vpon Chesquakes side — Read and ordered that the petic'o' have a warr' granted him — Directed to the Surveyor gen'all or his Deputy to lay out to him 100 Acres as is pray'd The petic'on of Wm Leets and Nathaniel Tutle for Each of them 150 Acres vpon Chesquakes side — Read and ordered as above The petic'on of Thomas Mathewes seting forth that whereas M' John Injans purchased a tract of Land on the South side the Raraton River, and y' the petico' was Concerned & In cluded in the same in the Eleventh Lott for 500 Acres accord ing to a grant — prayeing a pattent for the same, Read and ordered that a warr' bee forthw"1 made out to the Surveyor gen'all to lay out to the petic'or 400 Acres of the said 500 the Remainder to bee to the proprieto's for the Arrerages of Quit Rents and in Discharge of 3^d p Acre for the said 400 Acres, payeing for the future one £d p Acre onely for every of the said 400 Acres. The petic'on of Tho: Whitelocke for 200 Acres of Land lye ing w'hin the bounds of Middletowne att the Reare of Benja Burdens Land and between Swiming River and Jumpeing — Brooke not yet taken up ; Read and Ordered that a warr' be im'ediately made out to the surveyor gen'all to lay out the same to the petic'o' The petic'on of John Bray for a 100 Acres of Land lyeing w'hin the bounds of Midletowne adjoyneing to the branch of Nutt swamp and bounded vpon the Land of Richard Gibbins — Read and Ordered That the petitio' attend the Governor, who is left to Doe and order in the p'mises as he shall see meet The 112 The petic'on of Wm Sutton setting forth that hee had laid out to him by virtue of a warr', Granted by the Late Governor Phillip Carteret, Esq' 100 Acres of Land w'bin the bounds of Piscataway w'h Meadow in proportion — Desireing a pattent — Read and ordered that hee have a pattent made out to him for the same according to his petic'on The petition of Derrick Corneliason for a Tract of Land vpon Chesquakes according to an Indian Deed of Sale — Read and ordered that the same bee Deferr'd vntill.the Governor and Councill bee further satisfied in the petic'o's Indian Deed of Sale. A pap: brought here by Eliza Carteret widd: as ffollowes, viz' The Honble Garvin Lawrie Esq' Deputy Governor of the pro vince of East New Jersey and his Councill. The Claime of Eliza Carteret widd: Relict and Executrix and the last will and Testament of Pillip Carteret Esq' De ceased late Governor of the said province in Right of her said husband from the p'sent proprieto's pursuant to an order of Councill— humbly p'sented Impri's That my said husbands sallery for being Governor amounteing to the sume of 1000lb may be satisfied 2dly That a pattent may bee made to me for the 3596 Acres of Land w'bin Eliza Towne Bounds, wcb are ^expressed in Two pattents granted in the tyme that Rob' Vicars was Secretary. 3dly That a pattent may bee made to me for a Lott of Land lyeing on the Raraton River, burchased by my Deceased hus band of the Indians in Company w*b Cap' John Palmer and others. 4^ That the house Lott and Orchard in Elizabeth Towne and farme Com'only Called the poynt part of the said 3596 Acres of Land now in the proprieto's possession, may bee De livered vnto me to whom of Right it Doth belong. woh was Answered by the Governor and Councill as ffollowes Is' As to the ffirst Article it Doth not Come vnder the Con siderac'on of this Board to make any Answer 2 As to the second Article or Claime for 3596 Acres of -Land, 113 Land, to wdl shee Claimes a Right by virtue of a pattent granted her in wcl> tyme Robert Vicars was Secretary wch pat tents are since made voyd by Act of gen'all Assembly — That this board cannot Act in the p'misses vntil shee make some other Right appeare 3 To the Third,— that Cap' John Palmer saith— That her Deceased husband Did not pay any share in the Indian pur chase — and that it was formerly the opinion of this board that the proprietors sevenths should bee taken out of it 4 The ffourth is Answered in the' second The subscription of M' Isaac Kingsland who was Com'issionated Councillor the 26th Novem ber 1684— I Isaac Kingsland Doe solemnly promisse to beare true Allegiance to the King of England his heires and Successors — and to bee true and faithfull to the Interest of the Lords Pro- p'ieto's of this Province and to their heires and Assigns, and endeavour the peace and welfare of the said province, and that I will to the best of my Judgm* and att all tymes ffreely and faithfully give my advice to the Gover' for the good Manage* of the publicke affaires of this Province and shall not nor will not Revaile Directly or Indirectly to the Injury or p'iudice of the Governor and Lords Proprieto's any matters as shall bee Debated in Councill or Com'itted by them to my Secracy but in all things Doe and Act as a true and ffaithfull Councillor when therevnto Required, Dated this xxvij"1 Day of Novem ber Anno Dni 1684 Isaac Kingsland Att a Councill held att Eliza Towne this 27*u Day of November Anno Dni one Thousand six hundred Eighty ffour p'sent The Dep' Governor Maj or W" Sandford ' Isaac Kingsland Benja Price & Henry Lyon Members of Counc. The petic'on of Nathaniel Tuttell & al: being Read, therein setting forth that they (God willing) intend to settle in this Province vpon Chesquakes side desireing they may pay noe Quit N 114 Quit Rents for the ffirst Three years the land there being verry pore — And that the prises for makeing of Pattents may bee lymited — Agreed and ordered that as to the paying of Quit Rent it being their own former agreem' w"1 the Dep' Governor to pay 2d p Acre — therefore this Board thinks not fitt to Act or order in the p'misses Contrary to that agreem' — and as to prises for makeing of Pattents that the same bee deferr'd till the pattent of such other ffees as belong to the Secretaryes office Petic'on of John Renn in behalfe of himselfe and one Thomas King now in Pensilvania Smith, for a Lott of Land lyeing over ag' Amboy next to the Long Poole — Agreed and ordered the same bee Left to the Dep'' Governor to answer the Petic'o's Request as hee shall see meete The Request of Wm Ridford for 100 Acres of Land— Read and Ordered that a warr' bee granted to lay out to him one hundred Acres of Land in such place as is not yet appropriated to any other p'son — Petic'on of Benja Ogden for 50 Acres of Land w'hin the bounds of Eliza Towne w'b Meadow in proportion — Read and ordered that hee have a warr' granted him according to his petic'on The petition of Isaac Whitehead Jun' for 120 Acres of Land w'hin the bounds of Eliza Towne according to a former warr' granted him by the Late Governor Carterett — Read and ordered that have a warr' granted him according as hee petic'ons The petic'on of John Pearce for 100 Acres of Land for him and his famely — Read and Ordered that the petic'o' have a warr' granted him for 50 Acres of Land lyeing w'bin the bounds of Eliza Towne in such place as the Governor shall ap point and not taken vp or appropriated to any p'ticular p'son — One Korough an Indian Comeing in made his Complaint ag' David De Mare sen' for purchaseing a Certaine p'cell of Land lyeing on the west side of Hackinsacke River, over ag' the Mill — of one Mumshaw an Indian Sachim that had noe Right to the Same (as is p'tended) in wrong and Injury of the said Korough — And also of Some evill treatm' of the Indians by the said David De Mare and his famely, and John De Mare his sonn and in makeing them Drinke — The said David De Mare sen' and John De- Mare his sonn being also here, and both sides being fully heard,— It's Agreed and Ordered that the said David De Mare Sen' and John De Mare his sonn for their Evill practices towards the Indians in selling them Rum and make ing them Drunke — Doe Im'ediately give in Security for their good behaviour for one whole yeare before one of the Members of this Councill — and for want of better Security they being bound 115 bound Each for the other the same to bee sufficient — As to the Land, It's Agreed and Ordered by Consent of all p'tyes that Sp,m" Edsall and William Lawrence is appointed to meete David De Mare & the Indians Concerned vpon the Land in Question and to Inspect the said Land and strictly to Examine as well the said Indians as others Concerned and to make their Report in the p'misses in writeing vnder their hands to this board att the next sitting of the Councill — that the truth of things may the better bee knowne in Order to a ffinall Determinac'on The Petic'on of Cap' John Baker of Elizabeth Towne being Read — therein setting forth that whereas hee not Rightly vn- derstanding the true Extent and Meaneing of the Act of Assembly about the Converseing and Treateing w'b the Indians and by Reason thereof being Justly Amerced by the Court of Com'on Right held in August Last past to pay by way of a ffine the sume of Tenn pounds — and to give in Security for his good behaviour for whole yeare — Requesting his bound may be Cancelled — The-said Petic'or alsoe Comeing in and makeing his p'sonall submission It's Agreed and Ordered Captaine John Baker have vp his bound for his good behaviour — wcb was Delivered him accordingly The humble Request of James Emott Dep* Secretary of this Province being then Read, setting forth that whereas it has bin the Laudable Custome and practice as well in this Province as all other Neighbouring Adjacent provinces, that vpon appli- cac'on made for a License for Solemnizeing Marriage the Secre tary vpon taken Security of such p'sons as Request the same that they are vnder noe other obligac'on or p'contract of Mar riage — im'ediately to make out a License p'enreing the same to bee signed by the Governor and given vnder the seale of the province — praying an Order of Councill may bee passed for the Continueing ye said Custome — After the same were Con siderably Debated the whole Councill was Consenting to passe an Order for the Continuac'on of the said Custome, but the Deputy Governor Desired that the same might be Deffer'd till the next sitting of this Councill Att a Councill held at Elizabeth Towne in the County of Essex the xxvij"1 ffeb 1684 — p'sent The Dep* Governor Major Wm Sandford Isaac Kingsland Benja Price Henry Lyon MidleTowne John Hanse ) ( Benja Burden ) -j Isaac Smally (¦ for piscataway The house of Deputyes all appeared here as above according to the Election, Excepting M' Wm pinhorne and Wm Haige, and being called out our Governor according to the vsual man ner Directed them to make Choyse of their speeker & Clerke and they w'hdrew Agreed 120 Agreed and ordered that a new Com'ission- for the Justices of the Court of Sessions for the County of Bergen bee Issued out and that Major John Berry's name be Incerted wob through a mistake was left out and omitted in ye last Com'ission — The Councill haveing taken into Considerac'on the Removall of Thomas Rudyard Esq' to ye Island of Barbadoes and that he has Deserted the office of Secretary of this province of East new yorke [sic] — It's therefore agreed and ordered that a Com 'ission bee im'ediately made out to James Emott gent for the office of Chiefe Secretary, of whose skill prudence and integrity in the managem* of the sd office this Councill is verry well satisfied — and that in the meane tyme hee act as such a Coppy of the Com'ission of Coll Thomas Dongan for the office of Vice Admerall of new yorke &c was translated into English by James Emott and here Read — and also Co" Don- gans writt of Admiralty Directed to our Govenor to take the boddy of Rie: Hartshorne &c and the Considerac'on thereof Differd till next CounGill The house of Deputyes Came here and nominated Rie: Hartshorne for their speaker and Benja Griffith for their Clarke — as to ye speaker this board was well satisfied but the Governor Excepted ag* the Clarke as being his servant &c Adjourned till 8 A Clocke tomorrow morneing Att a Councill held att Amboy perth the seventh day of April Anno Dni 1686 p'sent The Deputy Governor Major John Berry Major wm Sandford ( Benja Price }• Councill M' < Henry Lyon & ( Sam" Dennes A message from the house of Deputyes brought here by M' Sam" Edsall John Hanse John Curtis and Isaac Smally — ac quainting this Board of their want of a Deputy for the Towne of Newarke, and also one more for the piscataway — the Coun cill Did propose to them to take into Considerac'on as well the want of a Deputy for this Towne of Amboy and vpon the Result of both houses to have writts issued out accordingly — the Messingers w"'drew and againe Comeing in acquainted this Board that it was the vote of their house that Two Deputyes bee 121 bee Chosen for the Towne of Amboy to serve in the generali assembly, to wcb this Councill agreed CollDongans Com'ission for Vice Admerall &c came againe in Debate — and being Read and well considered — It's Agreed and ordered that a Letter bee Drawne vp in order to bee sent to je Governor of new yorke vpon the subject matter of the Com'ission, and also touching an Admeralty writt formerly sent Directed to our Governor &c Agreed and ordered that a new writt for ye electing one other Deputy to serve in this p'sent general assembly for the Towne of piscataway and out plantations bee issued out and that the Inhabitants bee summoned to meete vpon the 9th Instant in order thereto — also a writt to the sheriffe of this County to sumon the Inhabitants of this Towne for Electing of two Deputyes &c a Bill of Costs wherein this province of East Jersey is Debtor to the Secretarys office for sundry Com'issions &c for ye Justices and other officers necessary for Goverm' wherein noe p'vision is made for paym' — being here Read — Agreed and ordered that major Sandford and Benja price carry the same to the house of Deputyes to the ende they may Consider of a way of paym*. a Bill brought here from the house of Deputyes — That the Deputyes. for the Respective Townes shall bee pd by the Re spective bounds where they have bin Elected — Three shillings p. day, to bee pd in money porke or Corne att money price'for this p'sent yeare — wcb was here Read — Considerac'on Differ'd Adjourned till 2 Clocke afternoone post m'idiem — a Bill brought here from the house of Deputyes for the forme of an Engagem' for Jury men, who for Contience sake cannot take an oath in the forme vsed— wcb being Read, after some amendm'8 the same was againe sent backe to the house of Deputyes The Bill for Establishing the sallery for the Deputyes being againe Read out — amended — and sent to the house of Depu tyes by M' Sam" Dennes Agreed and ordered that major John Berry, Major Wm Sandford and Benja Price bee appointed for the more Dispatch of businesse to meete the like number of the house of Deputyes this Evening to Conferr together about the p'sent businesse of this Assembly — and that M'rSam" Dennes Carry this message to the house of Deputyes to acquaint them there w'b (1) The O 122 (1) The Bill from the Deputyes for the forme of an Ingagem' for such p'sons as cannot take an oath &c wcb was this day here Read — amended and againe sett backe, was brought here fairly transcribed — Agreed & ordered that the Governor signe the same for this Boards Concurrance &c — wob was done accord ingly Adjourned till 8 a Clocke to morrow morneing Att a Councill held att Amboy perth in East new Jersey the Eight day of Aprill 1686 p'sent The Dep' Governor Major wm Sandford Major John Berry Isaac Kingsland Sam" Dennes Benja Price & Henry Lyon ? Councill &c The Sherifle of this County of Middx brought here a Re turne of his writt, w* yesterday was issued out for Electing 2 Deputyes for the Towne of Amboy perth to serve in this p'sent generali Assembly, woh were John Campbell and Benja Clarke 2 Bill for the Deputyes Sallery being againe brought here, Transcribed by them according to the severall amendm'8 formerly made by this Board being Read — agreed and ordered that the same bee signed by the Governor for this Boards Concurrence &c i A Bill being brought here from the house of Deputyes for the punishm' of Adultry and ffornication — Read and amended — and sent to the Deputyes &c Adjourned till 2 Clocke afternoone post m'idiem The abovesd Bill for punishm' of adultery and ffornicac'on being againe Read — Agreed and ordered that m' Sam" Dennes and Major Berry bee appointed im'ediately to Conferr w"1 the like Number or Comittee of the house of Deputyes vpon the subject matter of the sd Bill Whereas Collonell Thomas Dongan Governor of new yorke hath lately sent into this province a writt of Admeralty beare- ing date the 27th ffeb: last past, Thereby Comanding our Governor, 123 Governor, Justices and all other officers to arrest the boddy of Richard Hartshorne and him to keepe in safe Custody, that his boddy might bee brought before the Judges of the Court of Admeralty in new yorke afores4 the ffirst Munday in this p'sent Month of Aprill — and this Board haveing viewed and duely Considered ye Com'ission granted to ye sd Governor Dongan for Vice Admerall &c — Doe not app'hend that the sd Com'ission doth give any power or Authority to the sd Governor Dongan thereby to Comand the Governor Justices and other officers of this Province to arrest the boddy of the sd Rie. Hartshorne and him to Convey to the Citty of new yorke before the sd Judge in order to a Tryallj as in the sd writt is suggested and Comanded — and therefore doe not app'hend that the Governor Justices or other officers of this province may w'h safety put the sd writt in Execution &c A Bill brought here from the house of Deputyes that all acc'ons may bee tryed by a Jury of the Neighbourhood where the ffact Realy arises — wch Read — agreed that Two of this house meete the like number of the Deputyes to Conferr about the subject matter of the Bill — -and that M' Sam" Dennes and Major Sandford attend the same • A message from the house of Deputyes for a ffree Conf erance w'h this house — Agreed they have the same &c 3 A Bill from the house of Deputyes for the punishm' of Adultrey and fornicac'on fairely Transcribed being againe Read — Agreed and ordered that the Governor signe the same for this Boards Concurance, woh was Done accordingly and sent backe to the house of Deputyes by m' Sam" Dennes &c Adjourned till 8 Clocke to morrow morneing Att a Councill begun and held att Amboy perth the Ninth day of Aprill 1686 p'sent Governor Lawrie Major John Berry Major wm Sandford Benj" Price ^ Councill Henry Lyon Sam" Dennes A message from the Deputyes Desireing a Retorne of their Bill yesterday sent here, for the trying of all actions by a Jury of the neighborhood where the ffact realy arises — agreed the same bee Returned bym' Sam" Dennes one of tbe Members of this Councill A 124 • A Bill brought here from the Deputyes, for prohibiteing the Removall of all Causes and Cases before tryall out of the Courts of Sessions where the Debt or Damages amounts not to the sum'e of Twenty pounds — wcb being Read and amended was againe sent to the house of Deputyes by m' Sam" Dennes &c Agreed and ordered that 2 of this Councill bee appointed to meete the like number of the house of Deputyes to Conferr vpon the subject matter of the last Bill, the house of Deputyes Desireing a ffree Conferance — the same was agreed vnto by this Board and the Deputyes Comeing in the sd Conferance was had accordingly Adjourned till 3 Clocke afternoone post M'idiem The High Sheriffe of this County brought here the Retorne of the writt of Elecc'on issued out vpon the seventh Instant for the Chooseing one other Deputy for the Towne of Pis cataway and out plantations — which was George Drake A Bill for the Raiseing the value of silver money passing in this province brought from the Deputyes, was here Read, amended, and againe sent them by Henry Lyon and Benja Price &c 4 The above sd Bill for Raiseing the value of money Councill M' Henry Lyon & M' Sam" Dennes A new Bill Touching and Concerneing the Courts of Ses sions being brought here from the Deputyes — was Read, amended, and sent backe by m' Benja Price &c The Com'ission woh was ordered to bee made out vpon the 6th 125 6th Instant to James Emott gent, for the office of Chiefe Secre tary and Register of this province was here Read and ordered to bee signed by the Members of thus Councill, and that the broad seale of this Province bee affixed to the same, all wob were Done accordingly — • A Bill for the punishm' of such p'son or p'sons as shall for the future Clandestinely take away from any Landing &c Canoes or boates w'bout Lieve &c, brought from the house of Deputyes and here Read, amended and againe sent to the house of Deputyes by Benja price and Henry Lyon. The Bill touching ye Court of Sessions being againe brought here, wtu some alterac'ons, was againe Read 5 The Bill for the punishm' of such p'sons as shall take away Clandestinely Canoes and boates wcb was this day sent to ye Deputyes w'h sundry amendm*8, being fairly Transcribed out, was signed by our Governor for Concurance &c — and by the Request of the Deputyes — It's Agreed that the same bee im'ediately published. petic'on of Major wm Sandford for a survey of his Lands att New Barbadoes in order to assertaine the bounds betwixt him and Major Kingsland— Agreed and ordered that Notice be given to M' Isaac Kingsland that he is Desired to appeare att this Councill, being one of the Members thereof, to answer to the petic'on givein ag' major Kingsland Adjourned till 8 Clocke Munday morneing Att a Councill held att Amboy perth in East new Jersey the Twelfth day of Aprill 1686 p'sent The Dep' Governor Major John Berry Major wm Sandford Benja Price i- Councill Sam11 Dennes Henry Lyon /, A new Bill brought here from the Deputyes for a weekely markitt att Amboy, and Two ffaires in the yeare, wob was Read, amended, and sent backe by m' Dennes and m' Price The Bill touching the County Courts being againe Read, amended and sent backe to the Deputyes by m' Lyon Governor Lawrie gave in here to bee Read a Scheme of Goverm' or ffundamentall Constitutions for this province of East new Jersey Drawne up by the proprieto's in England ; — but 126 but it was the sense of this board that the same, Did not agree w*b the Constitution of these American parts — It's ordered that the same bee sent to the Deputyes that they may here them Read Adjourned till 2 Clocke afternoone post m'idiem The Bill for a weekely markitt in the Towne of Amboy perth, and two faires yearely, was againe Read amended, and sent backe to the Deputyes. A Bill that all writts of Debt accompt and such other acc'ons shalbe com'enced in the Countyes where the Con tracts were made, wcb being Read and fully Debated w*b the whole house of Deputyes, the same was sent backe to them by m' Price The secretary gave this board an Accompt that [Original in the Dreadful! fire wcb hap'ned in his house Concessions vpon Satterday last the originall Concessions of and other -^ord Barcley and S' George Carterett amongst °Burnt.l ° severall other writeings bookes and papers was there burnt and consumed 6 The Bill for a weekely markitt in Amboy &c was brought here from the house of Deputyes fairely transcribed, and being againe Read, was ordered to bee signed &c Adjourned till 8 Clocke tomorrow morneing. Att a Councill begun and held att Amboy the Thirteenth day of Aprill 1686 p'sent Governor Lawrie Major John Berry Major wm Sandford Mr Isaac Kingsland Sam" Dennes Benja Price & Henry Lyon A New Bill that writts of Debt accompt &c shalbe Com menced in the Countyes where the Contracts were made, w"1 some Inlargem', being againe brought here from the house of Deputyes and Read, — Agreed and ordered that a Message bee sent to the house of Deputyes for a ffree Conference to Debate the subject matter of the sd Bill — and that m' Lyon carry the sd message. — The Deputyes comeing in the same were fully and ffreely Debated. Adjourned till 2 Clocke afternoone. A Councill 127 A Bill touching hogs, brought here from the Deputyes, being Read amended and sent backe — A Bill touching the Court of Com'on Right being here Drawne vp, was sent to the house of Deputyes by m' Sam" Dennes. 7 The Bill touching the keeping of hoggs being againe Read and signed by the Governor, by order of this board — and sent backe by m' Henry Lyon. — The Bill touching the Court of Com'on Right being againe brought here by two of the Deputyes — Informing this Coun cill that the sd Bill doth in noewise answer their ende. A Bill touching ffences and highwayes &c brought here from the Deputyes — was Read — and againe sent backe by m' Dennis and m' Price to Informe the house of Deputyes of the vncertainty of the &d Bill. Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth in East new Jersey the xiiijtb day of Aprill 1686 p'sent The Deputy Governor Lawrie Major John Berry Major wm Sandford (^Den^eT1^ U the Councill m'8 } Benja Price and ( Henry Lyon It's Agreed that a message bee sent to the house of Deputyes to acquaint them to p'pare the Bills ffollowing viz* Is' ffor Impowering the Justices in Each County, to make Rates att their Quarter Sessions for Defraying the Charges of high wayes bridges and fferryes already made. 2 ffor Defrayeing the Charges of the Councill Secretary and Messinger attending the* Countryes service. 3 ffor maintenance of the Goverm* 4 For Reliefe of prisoners that have noe visable Estate &c — 5 ffor paym' of sundry Com'issions writts and other writeings for the vse of the Country onely, due to the Secretaryes office, according to a p'ticular &c sent to ye Deputyes by m' Isaac Kingsland &c — this p'sent Assembly, — Adjourned till 2 Clocke afternoone post 128 post m'idiem A new Bill touching the Court of Sessions was Drawne vp here, being very Long, and sent to ye Deputyes &c Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth the fifteenth day of Aprill Anno Dni 1686 p'sent Governor Lawrie major John Berry Major wm Sandford Isaac Kingsland ? Councill Benja Price & Sam" Dennes The Scheme of Goverm' or ffundamental Constitutions wch was Drawne vp by the proprieto's in England, and yester day sent to the house of Deputyes, was againe brought here by two of their house wthout giveing any accompt of their like or Dislike to the same. A Bill from the house of Deputyes for the settlem' of ffees &c — was Read, amended and sent them backe by m' Price &c — A message from the house of Deputyes Desireing a ffree Conferance in the afternoone vpon the subject matter of the Bill yesterday sent them touching the Court of Sessions — Agreed a Conferance bee had as Desired — Adjourned till 2 Clocke afternoone post m'idiem The house of Deputyes Came here vpon the Conferance wch was appointed this morneing touching the bill Relateing to ye Courts of Sessions, and after a long Debate the Deputyes Departed, and the Bill was againe altered and sent to ye Deputyes A Bill brought here from the house of Deputyes for appointe- ing new Com'issio'8 in the County of monmouth for laying out of high wayes bridges landings and fferryes, in place of Coll Morris John Bowne and Joseph Parker; the two last being Dead and Coll morris left the Province. Adjourned till 8 Clocke to morrow morneing. Att 129 Att a Councill held att Amboy perth in the County of Middx the Sixteenth day of Aprill Anno Dni 1686 p'sent Governor Lawrie Major John Berry Major wm Sandford M' Isaac Kingsland M' Benja Price M' Sam" Dennes Henry Lyon Councill A Bill brought here from the house of Deputyes ffor the Tryall of all Causes and Cases in the Courts of Sessions — was here Read, amended, and sent to the Deputyes by m' Sam" Dennes &c — Adjourned till 2 Clocke afternoone post m'idiem 8 The Bill for appointing new Com'issioners for laying out of high wayes &c in the County of Monmouth againe Read — and ordered to bee signed for the Concurrance of this Board — The Bill touching the Court of Sessions being againe Read — The house of Deputyes Retoorned here the Bill of Costs, for money due to the Secretarys office for ye makeing out sundry Com'issions &c (wcb was formerly sent them) — sayeing they app'hended it Did noewise Concerne them — Adjourned till 8 Clocke to morrow morneing Att a Councill begun and held att Amboy the seventeenth day of Aprill Anno Dni 1686 p'sent Governor Lawrie Major John Berry Major wm: Sandford Isaac Kingsland ,. , Benja Price Sam" Dennes & Henry Lyon A Bill for maintenance of prisoners that have noe visible Estate brought here from ye house of Deputyes — and Read, and being Drawne verry short and in many Cases insuffitient, — a new Bill vpon the subject matter was againe Drawne up by the P 130 the Secretery, and ordered to bee sent to the house of Depu tyes &c A message from the Deputyes Desireing that the Conside rac'on for Defrayeing the maintenance of the Goverm' for the ffuture and such Charges as are by post — and a provition for the Governor and Councill &c being in service of ye Country as well as the Deputyes may bee Differ'd till next assembly. 9 A Bill from the house of Deputyes for p'hibiteing the weareing of swords daggers pistolls Dirks stilettoes &c by the Inhabitants of this province — was here Read — amended, and sent backe by m' Sam11 Dennes, — and againe brought here and signed by the Governor &c A Bill touching the Court of Com'on Right brought from the house of Deputyes, was here Read amended and sent them backe &c 10 The Bill for Maintenance of Prisoners &c, being againe brought from the house of Deputyes and signed by their speaker w'hout any amendmen'8, — ordered that the same be signed by our Governor for this boards Concurrance &c — sent backe by M' Dennes 11 Bill touching and Concerneing the taking vp of Runaway servants,— was here Read, — amended, and sent backe to ye Deputyes by m' Dennes, and againe brought here and signed by our Governor &c. — 12 The Bill touching the Court of Com'on Right to bee held att Amboy onely, and that Twise in Each yeare — was againe Read, — and signed by our Governor for this Boards Concurrance. Adjourned till 4 Clocke afternoone post m'idiem A ffree Conferance was here held vpon the Bill for the settlem' of the Secretaryes surveyo'8 and all other office's ffees in this province, vpon the Result it was Con cluded that a Comittee of Each house bee appointed to setle the sd fees and to meete vpon Munday morneing next Councill M' David Mudy James Emott Sec. The 134 The Com'ission of the Governors Councill was Read whose names were as followes viz' Garven Lawrie Esq' Major John Berry Cap' And: Hamilton Cap* Tho: Codrington Cap' Rie: Tormley J- Councillo'8 Sam" Winder gent John Johnstone gent David Mudy gent % James Emott Sec The house of Deputyes sent here a Message that their Mem bers Desired to see his Lordspps Com'ission for Dep' Gov ernor; wch was given to the Messingers, and after they had p'used the same in their house againe Returned the sd Com- The Members of Councill made their vsuall sub scription here in open Councill &c — A Bill for Repealeing of a late Act made for the Raizeing the value of money in this province, wch being Read, and the same being amended and Transcribed out, was againe sent to the house of Deputyes for their Concurrance &c A Message to ye Deputyes was sent as ffollowes viz' Whereas att the genr'all Assembly held att Amboy in the month of Aprill last past, it was proposed to the house of Deputyes by this board, That a Bill might bee Drawne by them for the Maintaineance of the Goverm', and the Consider ac'on thereof being by [them] Differ'd till the meeting of this p'sent Assembly, This is againe to Renew the proposall to the sd house of Deputyes, to the intent a Bill may bee Drawne vp to Defray the same &c Bill for Repealeing of a late Act made for the Raiseing of the value of money in this province, being sent here fairely Transcribed according to the amendm'8 and signed by the speaker, — woh being Read, — It's Agreed and ordered that the same be signed by his Lordspp for this boards Concurrance, and was againe sent backe by m' Sam" Winder and major John Berry &c. — Adjourned till 2 Clocke afternoone post ? Councill 135 post m'idiem A Bill for Enableing the ffreehold'8 in Each Respective Towne to meete, agree, and propose prudentiall orde'8, and to Choose and Towne Clarke, wcb being read the Considerac'on Differ'd till next morneing Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth in East new Jersey the Twenty ffirst day of October Anno Dni 1686 p'sent Ld Neil Campbell Governor ' Garuon Lawrie Esq' Major John Berry Cap' And: Hamilton M' David Mudy M' Sam" Winder & __ James Emott Secy A Bill touching y" Court of Sessions for the County of Middx sent here from the house of Deputyes was Read — :and some alterations being therein made, the same was againe Re turned to the house of Deputyes. The Bill w011 last night was brought here from the house of Deputyes to impower the ffreeholders in Each Respective Towne to meete & make Locall and prudentiall Lawes &c, — was againe Read — and being taken into mature Con siderac'on it's the sence of this Board, that the thing Desired in the sd Bill is fully p'vided for in a former Act made the last Assembly. Adjourned till 2 Clocke afternoone 2 The above sd Act touching the Court of Sessions in middx County was againe sent here, fairely Transcribed w'b what amendm'9 was made by this Board and signed by the speaker to the house of Deputyes ; wcb being Read — Agreed and ordered that the same bee signed by his Lordspp for this boards Concurrance, and to bee sent backe to the house of Deputyes by Major John Berry and James Emott wcb was done accordingly A Bill was sent here from the house of Deputyes for a penalty vpon such p'sons as shall for the ffuture Continue in the office of sheriffe above one yeare ; wch being Read, and some small amendm'8 being made, the same was Retorned by m' Mudy. 136 A Message from the house of Deputyes Desireing a ffree Conferance touching the subject matter of the abovesd Bill Relateing to High Sheriffes. Agreed a ffree Conferance im'e- diately bee had wtb the house of Deputyes ; and they Comeing before this board the same was ffreely debated. Whereupon it's was agreed and ordered by Consent of both houses, That the Secretary Im'ediately draw vp a new Bill, that noe Sheriffe shall Continue in the sd office above one yeare and that they shall always bee Com'issionated vpon the ffirst Tuesday in the month of January yearely, w*b a penalty of Twenty pounds — that shall Refuse to accept of such Com'ission &c Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy the 22*b day of 8ber Anno Dni 1686 p'sent Ld Neil Campbell Governor Maj of John Berry Cap* And: Hamilton M' David Mudy & James Emott Sec. . Councill The Bill touching the office of Sheriffe was againe Drawne out by the Secretary, and here Read, — and ordered to bee sent to the house of Deputyes, wcb was Done accordingly by Major John Berry. A Bill touching the Courts of Sessions of this province in generali, wcb was offered the last assembly, was sent here by the house of Deputyes, — and Read. Agreed and ordered that the Message wch the ffirst day of this Assembly was Drawne vp, touching the maintenance of the Goverm* bee sent to the house of Deputyes, — wcb was done accordingly by major John Berry and Cap* Andrew Hamilton.- Adjourned till 2 Clocke afternoone A petic'on from the Inhabitants of the Towne of Amboy perth for a Com'ission for a Court of small Causes according to Act of generali assembly ; — woh being Read — Agreed they have a Com'ission granted them — and the Comissioners be m' Benja Griffith m' James Aimer and m' Benj" Clarke 3 The Bill touching sheriffes, was againe brought here from the house of Deputyes w"'out any alteration, signed by their speaker; — and being Read and signed by his Lordspp for this Boards Concurrance &c 137 a Conferance was had by a Com'ittee of the house of Deputyes and this Councill, touching the Bill for setlem' of ffees, wcb was wholy agreed vp, and ye same was Carryed backe to the house of Deputyes to bee fairely Ingrossed. Adjourned till 8 Clocke to morrow morneing Att a Councill held at Amboy Perth in the County of middx the 23d day of October Anno Dni 1686 p'sent Ld Neil Campbell Governor Major John Berry . Cap' Andrew Hamilton M' Ric:Tormely M' David Mudy M' John Johnstone & James Emott Sec. Councill Agreed that a Message bee sent to the house of Deputyes) to Recomend to them the Act made in tbe last Assembly touching the weareing of Armes, to the end the same may bee either Repealed or snch alterac'ons made therein as publicke Armes as swoards &c may not bee prohibited to any. — The Message sent by Cap' Andrew Hamilton and Major John Berry. The High Sheriffe of the County of Bergen brought here the boddyes of Rowley Vanderhide, Andresse Lawrenson, Lawrence Lawrenson, Dericke Eptkeyes, Cornelius Christian- son, Hans Christianson, Eptkey Jacobs and weart Eptkey — pursuant to a proclamac'on issued out to the sd High Sheriffe for a Riote by them Comitted in the sd County, and for Re- fuseing to obey the Kings Authority there, and -sundry Depo sitions being here Read, and also sundry warr*8, and the Sheriffes Retorne therevpon, wherein appeares the great inso- lency of the sd p'sons in breach of the Kings peace, and Con tempt of the Lawes of this province — the p'misses being duely Considered and vpon mature Considerac'on, It's vnanimously agreed and ordered that the abovesd p'sons and every of them stand Close Comitted to ye Com'on Gaole of Woodbridge there to Remaine vntill they shall give good and sufficient security, and that in the sume of Each of them one Hundred pounds, before some Justice of peace of this County, for their p'sonall appearance att the next Court of Com'on Right to bee held att the Towne of Amboy perth the second Tues day in the month of Aprill now next ensueing, to Answer the p'misses, and that in the meane tyme to bee of the good behaviour Q 138 behaviour &c ; — and also that Im'ediately bee Comitted to the hands and Custody of the High Sheriffe of middx, who is hereby Required in the Kings name to take the said p'sons into his Custody and them safely keepe vntill the shall give such security as above, or bee Discharged by due Course of Law. It's also agreed and ordered that Major John Berry issue, out his warr' to the sheriffe of the County of Bergen, to take into his Custody the boddy of Lawrence Andress of Bergen and him safely keepe, soe that hee may have his boddy att the next Court of Com'on Right to bee held att Amboy the second Tuesday in the month of Aprill next, to Answer to such Arti cles and things as shall bee objected ag' him vpon the p't and behalfe of our Lord the King &c The Bill touching the Secretaryes and other ffees was brought here from the house of Deputyes, fairely Transcribed accord ing to the last nights settlem': — woh being Read agreed and ordered that the same bee signed by his Lordspp for this boards Concurrance Adjourned till Munday 2 Clocke afternoone Att a Councill begun and held att Amboy the 25"1 day of October Anno Dnl 1686 p'sent Lord Neil Campbell Gov' Cap' And: Hamilton ^1 M' David Mudy \n ... M' Johnstone j- Councill James Emott Sec: j The Councill being meet according to the Adjournment, and there being Litle businesse offering, the house of Deputyes not being all Convein'd, agreed that this Councill bee adjourned till 8 Clocke tomorrow morneing And this Councill adjourned accordingly Att a Councill held att Amboy perth in East new Jersey the 26th day of 8'ber Anno Dni 1686 p'eserit Ld neil Campbell Governor Major John Berry Cap' Andrew Hamilton M' John Johnstone r Councill &c M' David Mudy James Emott Sec The 139 The Bill touching the Courts of Sessions for tryall .of all aoc'ons &c in the County where the ffact doth arise, was here Debated by a ffree Conferance of both houses, and many In conveniences being apparently sett forth to all or most p't of the Articles of the sd Bill by the members of this Councill, the house of Deputyes Retorned to their house seemeingly Con tented: — Adjourned till 2 Clocke afternoone post m'idiem One John Duty was brought here, before this Councill for speaking sundry words of Evell import ag' his p'sent ma"c the King of England, and being Examined vtterly Denyed the same, and the Informer peter prew being also Examined, a message was sent to the house of Deputyes for a ffree Confer ance vpon the subject matter of the Complaint, and to fall vpon a way whereby the sd John Duty might bee brought to a Legall Tryall in some short tyme, and after some Debate w'h the house of Deputyes touching and Concerneing the p'misses, It was agreed that the further Considerac'on thereof bee Di- ffer'd till thirsday morneing next, and that as well the sd peter prew as the sd John Duty in the meane tyme Remaine in the Sheriffes Custody, the sd prew not haveing made his Com plaint wtbin Eight and fforty hours as the Law Directs but has Delayed the same for severall monthes 4 A new Bill touching the Courts of Sessions was againe Drawne vp by the Deputyes, That all Transitory Actions not Exceeding ffive pounds should be tryed in the Court of Sessions where the fact shall arise &c. — wcb being Read and sent backe to the Deputyes after some small amendm'8, the same againe was sent here fairely Ingrosed w'h the amendm'8 — woh was ordered and Agreed to bee signed by his Lordspp for Concurr ance of this Board .Adjourned till 8 Clocke Thirsday morneing Att a Councill held att Amboy perth in East Jersey the 28th day of October Anno Dni 1686 p'sent Ld Neil Campbell Gov' Major John Berry Cap' Andrew Hamilton Mr Sam" Winder M' David Mudy M' John Johnstone & James Emott Sec The Councill 140 The house of Deputyes Comeing here, Delivered in their opinion that a spetiall Court ought not to bee granted for the Tryall of John Duty who was Examined vpon Tuesday last before this Councill: — wherevpon it was agreed and ordered that the sd Duty bee bound over to the next Court of sessions to bee held for this County, to Answer the p'misses and that also peter prew bee bound over to give his Evidence &c The Act formerly made touching the Rangers office, came here in Debate as to severall Articles and things therein Con tained and the Deputyes againe Retorned to their house &c — Adjourned till 2 Clocke afternoone A Message from the house of Deputyes Desireing a ffree Conferance touching a former message, sent from this Board, for Raiseing money for maintenance of the Goverm' ; Agreed and ordered that To morrow morneing att nine Clocke bee the hour appointed for that service. A Bill touching an Act formerly made for the office of Ranger being sent here from the house of Deputyes and Read, the Considerac'on Differ'd till next morneing A Bill touching servants, was Drawne vp by the Secretary and sent to the house of Deputyes by m' Sam" winder and James Emott. Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth in East New Jersey the 29th day of October Anno Dni 1686 p'sent Ld neil Campbell Gov' Gariion Lawrie Esq' Major John Berry M' Sam" Winder Cap' And: Hamilton ^-Councill M' John Johnstone M' D Mudy & James Emott Sec, The whole house of Deputyes Came here, vpon the Con ferance yesterday appointed for Raiseing a supply for support and maintenance of y° Goverm'; The speaker m' Hartshorne Delivered the sense of the house of Deputyes touching the subject matter of the Conferance, Declareing that the planters and Inhabitants of this Province have bin att Equall Charges w*b the proprietors in England, in that they have made all High wayes bridges Landings and prisons &c, — and also it was 141 was the Complaint of the House of Deputyes that great p't of their Land has bin lately granted to others to wcb they had an vndoubted Right, and sundry other Evations, — wcb was fully Answered them by our late Governor Garven Lawrie. — But after all, the house of Deputyes Desired tyme till the meeting of the next Assembly for a farther Considerac'on, m' Speaker Declareing amongst other things why they ought not grant a supply as above, was, for that they were not willing to main taine a goverm' ag' themselves &c Agreed and ordered that a Com'ssion bee granted out by the Proprieto's to m' Sam" Winder for the Kings Attorney Gen eral! of this Province of East New Jersey. Adjourned till 8 Clocke tomorrow morneing Att a Councill held att Amboy perth in East new Jersey the 30th 8ber 1686 p'sent Ld Neil Campbell Gov' Garven Lawrie Esq' ] Major John Berry | Cap' A. Hamilton I M' Sam" winder M' David Mudy James Emott Sec Councill James Scott (sonn of George Scott of picklorkey late of the Kingdom of Scotland Deceased) came before this Councill being a Minor and made choyse off m' John Johnstone and m' George Willox to bee his Guardians — who were Admitted accordingly — They giveing in sufficient security to bee accompt- able to the sd James Scott when hee shall attaine to the age of one and Twenty yeares Att a Councill begun and held att Amboy the Tenth day of December Anno Dni 1686 p'sent Ld Neil Campbell Gov' ( Garven Lawrie Cap* And: Hamilton M' Isaac Kingsland M' Rie. Tormely r Councill M' Sam" Winder M' Jojm Johnstone & James Emott Sec Lord 142 Lord Neil Campbell gave the members of this Councill an Accompt of the vessell, that was soe lately taken away from this port by order from the Governor of new yorke; — and alsoe his Lordspp shewed a Coppy of a Letter hee sent to the Gov ernor of New yorke Relateing to the takeing away of the sd vessell, w'" the Governors Lett',to his Lordspp in answer there to; — wob being Read — vpon the whole matter his Lordspp De sired advise in the p'misses, from the Members of this Councill for a suitable addresse to his Ma"e in Councill — after some debate and mature Considerac'on, It's the sense of this Board that a Lett' be Drawne vp by the the members of this Councill and sent to the proprieto's in England, Dilateing the whole Case, and Leave the same to them to bee managed as in their great wisdome they shall see meete His Lordspp alsoe gave this Board an accompt .that some vrgent affaires called him for Britton, soe haveing power by virtue of his Com'ission (wch was here Read) to appoint an Deputy, hee nominated Cap' Andrew Hamilton one of the Members of this Councill to supply his place of Deputy Gov ernor till his Retorne, — Cap' Hamilton Excused himselfe verry much, but being pre8' vpon by his Lordspp to accept thereof, Desired tyme till next morneing to advise about the same and to give this Board his answer, whether hee could w'b Conve niency accept thereof or not Adjourned till 8 Clocke tomorrow morneing Att a Councill begun and held att Amboy the Eleventh day of December Anno Dni 1686 p'sent Ld Neil Campbell Gov' f Garven Lawrie Cap' A Hamilton M' Kingsland M' R Tormely M' Sam" Winder M' John Johnstone James Emott Sec > Councill The Councill being meet, Cap' Hamilton againe Excused himselfe of what was proposed by his Lordspp the last night, in takeing vpon him the Governm' as not agreeing w*b the Exigency of his affaires &c. — But vpon the whole Cap' Ham ilton Consented to accept of the same, wcb was to the good likeing of the Members of this Councill, — Excepting Garven Lawrie Esq', who Desired his p'test might bee Ented ag' Cap' Hamilton 143 Hamilton his being Governor, ffor that hee was already out of Esteeme w'h the planters and Inhabitants of this Province, the wch would prove p'iuditiall to the proprieto" Interest &c The Lett', wch yesterday was ordered to bee drawne vp was here Read, and signed by all the Members of this Councill. It's Agreed and ordered that Im'ediately Com'issions bee granted out for malitia office'8 as ffollows, To M' Rie: Tormely, for Cap' of ffoot Company Consisting of the Inhabitants of Eliza Towne and out plantations &c To M' Isaac Kingsland, for Cap' of a ffoot Company Con sisting of the inhabitants of Aquickanic and new Barbadoes. To M' James Emott, ffor Captaine Lieu' of a ffoot Company Consisting of the Inhabitants of Amboy perth, vnder the Comand of the Lord Neil Campbell Agreed and ordered that a Com'ission bee im'ediately granted vnto James Emott for Clarke of the peace of the County of Middx &c Att a Councill held att Amboy perth the 27th December 1686 p'sent Ld Neil Campbell Gov' Cap' A Hamilton Cap* Isaac Kingsland Cap' Rie: Tormly ^Councill M' John Johnstone & James Emott Sec My Lord gave this Board an Accompt of the Transactions of the Justices of the County of Middx, in holding a Court att the Towne of piscataway, the 3d Tuesday in this Instant month of December, Contrary to Act of General Assembly and the Governors p'ticular p'clamation — Whereupon it's Agreed and ordered that a warr' bee issued out to the High Sheriffe of the County of Middx, Im'ediately to bring before this Councill on to morrow morneing by Eight ot the Clocke, the boddy of M' Sam" Dennes of Woodbridge, who was p'sident of that Court, to Answer to p'misses &c Att a Councill held at Amboy perth in East New Jersey the 28th 10ber 1686 p'sent Ld Neil Campbell Go^' Cap* A Hamilton Cap' R Tormely Cap' Isaac Kingsland V Councill M' John Johnstone & James Emott Sec: J The 144 The Councill being mett, the High Sheriffe of the County of Middx brought before this Board (pursuant to an order yester day made) the boddy of M' Sam" Dennes, ffor holding a Court att the Towne of Piscataway the Third Tuesday in this Instant month of December, Contrary to Law ; vpon Examinac'on M' Sam" Dennes Denyed not the matter of ffact, but alledged it was not Contrary to Law — and vpon the whole matter, It's Agreed and ordered that M'Sam" Dennes have a weekes tyme granted him to ffind security, and that in the sum of 3001 b for his p'sonall appearance att Che next Court of Com'on Right, to bee held att the Towne of Amboy perth the second Tuesday in the Month of May now next ensueing, then and there to Answer the p'misses. and for want thereof, afterwards by warr' to be issued out from some of the Members of this Councill, to stand Close Com'itted to the Gaole of woodbridge there to Remaine vntill hee shall be Discharged by due Course of Law — Att a Councill begun and held att Amboy perth the Twelfth day of March I68f p'sent Andrew Hamilton Esq' Gov' Garven Lawrie Esq' Cap' Rie: Tormly M' Sam" Winder M' John Johnstone & James Emott Sec Cap' Andrew Hamilton p'duced here a Com'ission vrlder the province seale and signed by Ld Neil Campbell, for the office of Deputy Governor of this province of East New Jersey vn till His Lordspp Retorne from England, or the proprieto'8 pleasure further Knowne; wcb being Read — agreed and ordered that the sd Com'ission bee Entred vpon the publicke Records, and also that p'clamac'ons bee issued out into Each County w'hin this Province, signifieingg the same, and that all officers Civill and Millitary bee Continued in their Respective offices & places till further order. Agreed and ordered that a Com'ission bee granted to Robt: Hamilton of Middletowne, for office of Clarke of the peace of the County of Monmouth &c— Att a Councill held att Amboy Perth in East New Jersey Jersey the 30th 9be' 168.7 p'sent Governor Hamilton Cap* Rie: Tormly M1' Sam" Winder* James Emott Sec I James 145 James Graham Esq', one of the Com'issio'8 of his Ma'Us Revenue of the Province of new yorke and Dependences, pro duced to this Board a Duplicate of an order from the Lords Com'issio's of his Ma*ies plantations in America, bearing date the xiiij'b August last past, Directed to his Excellency Thomas Dongan Cap' Generali and Governor in Chiefe of new yorke, — signifieing his ma"e8 pleasure that all shipps and vessells bound for new perth in this province of East New Jersey, shall have ffree liberty to goe Directly thither wtbout touching att new yorke, Provided alwayes that this Governi* of E new Jersey doe suffer such p'son, as the Cap* Generali of new yorke or the Receiver Generali of his ma''" Revenue there for the tyme being shall appoint, peaceably and quietly to Re ceive and Collect for his Ma'iea use, all such Customes and im- postes as are vsually paid att new yorke for such ships and their Ladeing as shall Enter there ; — wob being Read, — and also a Com'ission to Myles fibster for the office of Collecto' and Receiver of his Ma'le8 Revenue att new perth aforesd, beareing also Date the 26th 9ber Instant and signed by the said James Graham and Stephamus Courtland Esq' the other Com'issioner of his ma"es Revenue att new yorke aforesd, to wcb Com'ission was annexed a schedule of the Customes and Impostes as are paid there, Certified vnder the hands of the sd Com'issio'8 and the seale of their office, — wherevpon it's agreed and ordered that the same bee Recorded in the publicke Records of this Pro vince of East new Jersey, — and that fforthwi"1 Proclamac'ons bee issued to the High Sheriffe in Each County for the publi cac'on thereof, Ja8 Emott Secy Att a Councill begun and held att Amboy perth the ffour- teenth day of may Anno Dn' 1688 p'esent Governor Hamilton Major John Berry Cap' Rie. Tormly Cap' Thomas Codrington i Conn.:]1 M' Sam" Winder Mmnou Cap* Isaac Kingsland & James Emott Sec — This being the ffirst day of the Assembly the whole house of Deputyes came here and nominated m' Rie Hartshorne their Speaker, — after woh the Governor gave them an accompt of the great Reason of their meeting at this tyme, wob was touching the R 146 the warr w'b the ffrench att Canade. Then was Read the Kings Letter to his Excellency the Governor of new yorke, to call for assistance from the Neighbouring Province if neede should Require: also his Excell. Letter to ye Governor and Councill of this Province for assistance in the warr was Read ; and left to the Considerac'on of both houses for a suitable Answer, ad journed till 8 Clocke to morrow morneing The names of the Deputyes for this p'sent yeare are as ffol lowes viz' j John Curtis John Parker & ) Eliza: Jeffery Jones j Towne ) -v- ) Peter Hestells Richard Berry [• Ba^does f & ) ) Enoche Machielsbn W* Lawrence I Plantacons I ***£ £ennes ) of Bergen j Sam" Moore ffor Newarke I / Bergen f Corp'ac'. John Langstaffe Geo: Drake Wm Haige & Benja Griffith on Wood- bridge out Plan tac'ons vpon RaratonMiddle- to wne -Piscataway >m' John White Amboy } Ric: Hartshorne " ) John Throgmorton Eliakin wardall ) & > shresberry Judah Allen ) Att a Councill held att Amboy perth the 15'b day of May Anno Dni 1688 p'sent Governor Hamilton Major John Berry Cap' Rie: Tormly Cap' Isaac Kingsland M' Sam" Winder Cap' Tho: Codrington & James Emott Sec sundry 147 sundry orders and Instrucc'ons from his Ma'ie, touching the privaters &c and also, what plate &c, has bin lately taken vp neere Highspaniola &c was here Read ; also sundry Tfans- acc'ons by the proprieto's in England in the managem' of the affairs of this province w'b his Ma'ie &c, and also the pro prieto's Lett' to this Councill Dated the 20th August 1687 Adjourned till 2 Clocke afternoone post m'diem The house of Deputyes sent here a Message by six of their Number Desireing to see the Governors Com'ission, woh was sent to the house of Deputyes by the sd p'sons — and. after a verry short tyme the same was Retorned by the Like num ber, who gave this Board to vnderstand that they well approved of the sd Com'ission. Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth the 16th day of may Anno Dni 1688 p'sent Governor Hamilton Major John Berry Cap' Tho: Codrington Cap' Rie: Tormely Cap' Isaac Kingsland M' Sam" Winder & James Emott Sec !> Councill The house of Deputyes not haveing offered anything to yc Considerac'on of this Board touching the affaires of this Assembly, a Message' was sent them from this Councill carryed by m' Kingsland and Major Berry, Desireing as quicke a Dis patch as the weightinesse of the affaire will allowe, tyme being pretious by Reason of the season of the yeare Adjourned till 2 Clocke afternoone post m'idiem A Message from the house of Deputyes brought here by Eliakim wardall & Benja Griffith, — as followes &c To 148 To the Honbl e the Governor and his Councill Whereas att a generali Assembly begun and held att Am boy perth in the province of East New Jersey the Nineteenth •day of 8b"' 1686, and there Continued by severall Adjour- nem'8 vnto the 29th of the same Month, ffive Acts were past for the publicke weale of this province Sue wee the Rep'sentatives therefore Request yo' Honor and Councill would bee pleased to appoint some Members of yo' house to Conferr w*u some of ours, for the Coppying and Ex- amineing the sd Acts, and then wee Desire publicac'on of the same, soe that wee may not onely Enjoy the benefitt ariseing thereby, but also gratefully acknowledge the Contentmen* this province will Receive Rie. Haetshobne speaker wcb message being Read and Considered — It's agreed and ordered that m' Sam" Winder and Cap' Rie: Tormely bee the p'sons appointed to give the house of Deputyes an Answer to the abovesd Message, and that there may bee a ffree Conferance vpon the subject matter of the sd Message The whole house of Deputyes Came here vpon the abovesd Conferance — and vpon the whole matter, it was agreed by Con sent of both houses, that the sd original Lawes made as aforesd bee brought to this Councill in order Coppys bee made thereof by the Secretary, and Examined by a Com'itee of both houses, in order to bee sent into Each County for publicac'on &c The house of Deputyes sent here the said orignall Lawes by Mr John White and Benja Griffith, and Desired they might bee Recorded and Coppys made. — The house of Deputyes sent here a Message for the King's Lett' to ye Governor of yorke, and alsoe his Lett' to our Gov ernor and Councill touching tbe affairs of Albany &c, and the same were sent them Adjourned till 8 A Clocke to morrow morneing Att a Councill held at Amboy perth the seventeenth day of May Anno Dn1 1688 p'sent Governor Hamilton Major John Berry Cap' Isaac Kingsland Cap* Rie: Tormly , , ... Cap' Tho : Codrington > CounclU M' Sam" Winder & James Emott Sec 149 A message from the house of Deputyes Desireing a Comittee of this Councill, to meet six of their house to Consult touch ing the Kings Letter or order, and also the Governor of yorkes Letter about the affaires of Albany ; — wherevpon it's agreed and ordered that m' Sam" winder Cap' Thomas Codrington and Major John Berry bee the p'sons appointed to meete a Comittee — of the house of Deputyes att 2 Clocke afternoone, touching the p'misses and to make their Report to this Board. Adjourned till 2 Clocke afternoone post m'idiem Major John Berry Cap* Thomas Codrington and M' Sam" Winder Retorned here from the Comittee and made their Re port, That the house of Deputyes Desired the sense of this board, whether it was fitt and necessary for this province to allow any assistance to Governor Dongan touching the warr w"' the ffrench, seing that the Kings order was not Come to hand &c ; — wherevpon, Major John Berry &c gave them to vnderstand that it was the Cleare sense of this Coun cill, that neverthelesse assistance ought to bee given by this province, for that it was as well for the Defense and safty of vs here as them of the province of New yorke A Message from the house of Deputyes, brought here by mr wm Haige and M' John white, signifieing that it was Agreed in their house that a supply bee given to the Governor of New yorke ffor the affaires of Albany, and that they Desire a Com* ittee from this Board may bee appointed to meete six of their house to agree vpon a sume to bee Raised, and the manner thereof, — It's Agreed that M' Sam" winder, Major John Berry and Cap' Codrington bee the p'sons appointed to attend the same Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth the 18'h May 1688 p'sent Gov' Hamilton Major John Berry Cap' Tormely Cap' Codrington 5- Councill Cap' Kingsland M' Sam" winder James Emott Sec Major John Berry M' Sam" Winder and Cap' Thomas Codrington made their Report of the Debate the had w*b the Comittee 150 Comittee of the house of Deputyes the last night, touching the Raiseing of a supply of money for his Ma'ies service for the affaires of Albany &c, and sayes that it was the opinion of the Deputyes, that the sume of 500lb bee a Competent supply of money to bee Raised for that service, the Country being pore. Adjourned till 8 Clocke to morrow morneing Att a Councill begun and held att Amboy perth 19th May 1688 p'sent Gov' Hamilton Major John Berry Cap' Isaac Kingsland Cap' Tho : Codrington y Councill Cap* Rie: Tormely Mr Sam" Winder & James Emott Sec The house of Deputyes sent here by two of their Members, viz* John Parker and John Curtis, the heads of a Bill for Raiseing a supply of money for the affaires of Albany &c, — wob being Read: — It's Agreed and ordered that a Message bee sent to the house of Deputyes Desireing a Comittee of both houses may Im'ediately meete to Discourse vpon the matter of the heads of the sd Bill. — The Message Carryed by m' Sam" winder and Cap' Thomas Codrington to wch the Deputyes Consented and to meete 2 Clocke afternoone. Adjourned till 2 Clocke afternoone The house of Deputyes sent here a Message that 6 of then- Number were Ready to attend a Comittee of this Councill touching the heads of the abovesd Bill, and that they intended to adjourne their house till 2 Clocke munday afternoone: — and m' Sam" winder Cap* Codrington and Major Berry were sent to attend the sd Comittee, and this Councill Adjourned till 2 Clocke Munday afternoone Att a Councill held at Amboy perth the Twenty ffirst day of May 1688 p'sent Governor Hamilton ] Major John Berry | Mr Sam" Dennes j- Councill i Cap' Isaac Kingsland James Emott Sec J Councill 151 A Bill brought here from the house of Deputyes, — touching sumoning of Jury men by a sumons Left att their house &c, wcb was here Read, — amended, and new Transcribed over, was sent backe to the house of Deputyes. — Another Act was brought here from the house of Deputyes — Desireing that all Errors Mistakes and Misunderstandings touching the late Acts of Generali Assembly made in the month of 8ber 1686, — and all Differances touching or Con- cerneing the same, may bee buried in oblivion — wcb act was here Read — amended — and sent backe to the house of Depu tyes by m' Sam" winder, Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy the Twenty second day of may Anno Dni 1688 p'sent Governor Hamilon Major John Berry Cap' Tho Codrington Cap' Isacc Kingsland M' Sam" Winder Cap' Rie. Tormely & James Emott Sec The Bill for sumoning Jury men was againe brought here, and vpon further Debate, this Board see Cause to make some alterac'ons in the sd Bill, and againe sent it backe to the house of Deputyes. A Bill was Drawne vp by this Board, for makeing the vpper p't of both sides of the Raraton River above the Bound Brooke to bee a Distinct County &c, sent to the house of Deputyes by Major John Berry and Capt Kingsland 1 The Bill touching the sumoning of Jury men was againe brought here from the Deputyes and signed by their speaker, — wch being Read the Governor signed the same for this Boards Concurrance a Bill was Drawne up by the Secretary for a Court of small Causes for the out plantations in Bergen County, and also for aquickenic and New Barbadoes in the County of Essex, and was sent to the house of Deputyes by major John Berry petic'on of Joseph ffrazey, — was here Read, — wherein hee Desires this Board and .house of Deputyes will bee pleased to order that the petic'oner may bee paid, for assisting the Com'- issi'8 in laying out and markeing the High wayes from Towne to Towne &c. Agreed the same may bee sent to the house of Dep utyes to Consider of the petic'o'8 Request in order to his paym' 2 The 152 2. The Bill touching a Court of small Causes in the out plantac'ons of Bergen County and Aquickanne and New Bar badoes, was signed by our Governor Adjourned till 2 Clocke afternoone post meridiem 3 The Bill for makeing the vpper p't of the Raraton River a Distinct County from the County of Middx, and to bee called the County of Somersett, was againe brought here from the house of Deputyes w"'out any amendm', signed by the speaker: — It's Agreed the Governor signe the same for this Boards Concurrance A Message from the house of Deputyes Desireing a ffree Conferance touching Governor Dongans Lett' &c ; wcb was Consented vnto by this Board — The house of Deputyes, Comeing here vpon the sd Confer ance, — The Governor ffirst made Inquirey of the house of Deputyes what they ment by Taxing all Lands in this province according to the heads of a Bill sent here from their house; — wherevpon M' Richard Hartshorne and sundry others of the house of Deputyes, Declared that their opinion were that all Lands, as well the proprieto'8 as others wcb are purchased from the Indians, should be Rated, — notw'h standing that Clause of the Concessions was Read to them that positively (jays, that the proprieto's Land before setlm' shall not bee subject to any Tax'e — The wcb was fully argued and the Deputyes Retorned to their house to Consider thereof. — The house of Deputyes Againe Came here vpon the ffree Conferance touching the abovesd matter, and the Deputyes againe gave their opinione That all Lands purchased from the Indians ought to bee Equally Rated whether proprieto'8 or planter. — vpon wcb the Governor, after a Long and hott Debate, finding the Resoluc'on of the Deputyes to bee such as might if put in Execuc'on Destroy one of the ffundamentall Constitu- c'ons of this province, Did assume vpon his Honor to pay in behalfe of the Lords proprieto's of this province, their Equall Taxes for such of them as have p'ticular pattents for any Tract or Tracts of Land vnsettled and purchased of the Indians, but would not Consent that the same should bee past into an Act for the Reasons aforesd: — vpon wch the Deputyes was seemingly Contentent and went out to Consider thereof Adjourned till 8 Clocke tomorrow morneing Att 153 Att a Councill held att Amboy perth in the County of Middx the 23d day of May anno Dni 1688 p'sent Governor Hamilton m' Sam" Winder Major John Berry Cap* Rie. Tormely Cap* Thomas Codrington Cap* Isaac Kingsland James Emott A Message from the house of Deputyes brought here by m' John White m' wm Haige m' Rie: Berry m' Benja Griffith & al. signifieing, that it was the vote of the house of Deputyes vpon mature Considerac'on, That the proprieto's Land wrib is vnsettled should not bee Rated or Taxed for the Raiseing a supply for his ma'1" service att Albany, and further they Desire that there might bee a Com'ittee of the house of Depu tyes and this Councill im'ediately to meete to setle the Bill for Raiseing a supply as afores, to wcb this house agreed — wherevpon it was ordered that major John Berry m' Sam" winder and Cap* Thomas Codrington, bee the p'sons ap pointed from this Board to attend the sd Com'ittee &c. The Bill wcb formerly was brought here from the house of Deputyes touching the Court of Small Causes was againe Read over, and after some amendm'8 made by this Board, was Transcribed over and sent backe to ye Deputyes &c Adjourned till 2 Clocke afternoone about seven att night, major John Berry Cap' Thomas Cod rington and m' Sam" winter Retorned from the Com'ittee appointed this morneing to meete touching the Raiseing of a supply for his Ma" es service &c, and made their Reporte that the sd Com'ittee had agree vpon the method for Raiseing the same, and had also Drawne vp the sd Bill wcb was here Read. Adjourned till 8 Clocke to morrow morneing Att a Councill held att Amboy perth in East New Jersey xxiiij'b May 1688 p'sent Governor Hamilton Major John Berry M' Sam" Winder Cap* Thomas Codrington ^ ^ d„ Cap* Isaac Kingsland Cap' Rie. Tormely M' John Johnstone & James Emott j The S 154 The house of Deputyes brought here the Bill wch yesterday by the Com'ittee was agreed vpon, touching the Raiseing of a supply for his ma'1*1 service &c for the affaires of Albany, wch they had past w'hout any amendm*8; — and also signified to this Board, that it was the vote of the house of Derutyes that Governor Hamilton was Released from the p'misse his Honor made for the paym' of any sume or sumes of money for such of the proprieto's Land as is vnsetled; — wherevpon it's Agreed and ordered that the sd Bill bee past by this Board, also w'bout any amendm', and to that end it's ordered that the sd Bill bee fairely Ingrosed: — wcb was done accordingly and sent to the house of Deputyes by mr winder and Cap* Tormly &c — 5 The Bill touching Courts of Small Causes was againe brought here, and after an addition of another Clause, the same was againe sent backe to the Deputyes by Cap' Isaac Kingsland, — and was againe brought here signed by the Deputyes. 6 An Act was brought here from the Deputyes by Rie. Berry, for building a pound for the out plantac'ons of New Barbadoes and Aquickanne, wcb being Read, — the same was signed by our Governor and sent backe by Capt Townely and m' Sam" winder Adjourned till 2 Clocke afternoone 7 An Act or Bill was brought here from tbe Deputyes, touching an Act of Assembly made in the yeare 1683 for pro- hibiteing the markeing of Catle by Cropeing of both their Eares: — wcb Bill was here Read, and many alterac'ons made, and fairely Transcribed over, was againe sent backe and agreed vnto by the Deputyes The whole house of Deputyes Came here and gave in to this Board all such Acts of this Assembly as were in their Custody in order to bee Recorded, to the end that Coppys thereof might bee made out by the Secretary and sent vnder the seale of tbe province into Each County for publicac'on — after wch the house of Deputyes Desired an adjournm' vntill the Latter end of the yeare: — and by Consent of both houses the Assembly amicably agreed, to adjourne vntill the Third Tuesday in the Month of October next, and both houses adjourned accord ingly.— Att 155 Att a Councill held att Amboy perth the 19th day of June 1688 p'sent Governor Hamilton Cap' Tormely Mr Sam" Winder M' John Johnstone James Emott Governor Hamilton produced here a new Com'ission beare- ing date att London the 18'b August last, and to him Directed, signed by Governor Barclay &c, and given vnder the seale of the province for the office of Deputy Governor for the space of two yeares: — wcb being read — It's Agreed and ordered that proclamac'ons bee Issued out to publish the same, and to Con tinue all officers both Military and Civill in their Respective offices and places vntill further order &c Ja: Emott Sec| Att a Councill held at Perth Amboy ye 28'b day of Sep tember anno Dom' i692 Present ' Coll Andrew Hamilton Governour Andrew Bowne David Mudie \- of ye Councill James Dundas Co" Andrew Hamilton produced here a Commission from England for Chiefe Governour of this province wcb was read here, well accepted of, & he Recognized by this board Chiefe Governour of this province The House of Deputyes being according to ye writts Issued out to y' effect they appeared before this board, and ye Gover' haveing made a short Speech to them they were desired to withdraw and Choise their Speaker and after some short time they Returned and presented Richard Hartshorne their speaker who was well accepted of Ordered y' Cap' Andrew Bowne one of the members of this board do administer the usuall oaths to all ye members of ye house of Deputyes which was done accordingly A message sent ye Deputyes by Cap' Bowne, to deliver to them a letter from ye proprietors in England, directed to ye Generali assembly of this province. Adjourned till 8 a Clocke to morrow morning Att 156 Att a Councill held a perth Amboy ye 29 Sept anno Dom' i692 present < Co" Andrew Hamilton Gover' Andrew Bowne David Mudie John Bishop y of ye Councill John Royse James Dundas A Message from ye house of Deputyes by Six of their mem bers desireing to see ye Gover'8 Commission for Cheife Gov ernour of this province, wch was delivered to them and in a short time they returned & declared ye Satisfaction of ye whole house therewith and returned ye thants of y" house that ye pro- 'prs had made Choise of a person so well known & acceptable to them & ye whole Country The whole house of Deputyes, after perusall of the propr's letter to ye assembly, Came before this board & by their Speak er gave this board the Thanks of that house for ye proprietors Care and kindness for this province. Adjourned till 2 a Clocke afternoon post meridiem The house of Deputyes, desire y' his Ho' ye Gover' would Issue out writts, for ye Chouseing Representatives for ye County of Bergen & yB Town of acquicanum, wch they find wanting. Ordered that this board do resolve into a Comittie, to Con sider w'b ye house of Deputyes of a method for Confirmeing ye Lawes of this province, ye further Consideration thereof re ferred till to morrow morning Adjourned till 8 a Clocke tomorrow morning Att a Councill held at Perth Amboy 30th Septr i692 Co" Andrew Hamilton Gove' Andrew Bowne] David Mudie j present / John Bishop !> of ye Councill John Royse j [ James Dundas J A Message to ye house of Deputyes for their Concurrance to an address or letter of thants to be sent to ye prop's in Eng land for their Care of this province. A 157 of ye Councill A Message from ye house of Deputyes for a Generali Con ference Concerning ye sd address wcb was granted, and being meet ye Gover' Council & deputyes aggreed upon ye sd address & ordered ye same to be Engrossed & signed by y* Speaker in name of ye house of Deputyes, & by ye Secretary in behalfe of this board, wcb was doon accordingly Adjourned till 2 a Clocke afternoon Postmeridiem Thomas Gordon produced here a Commission to be Deputy Secretary of this province unter m' Dockwra, who was admit ted & Sworne here, and Recognized by this board Deputy Sec retary of this province. Adjourned till 8 a Clocke to morrow morneing Att a Councill held at perth Amboy ye first day of October 1692 ' Gover' Hamilton Andrew Bowne present ¦/ David Mudie John Royse James Dundas Two bills from ye house of Deputyes for ye Concurrance of this board, viz: one for repealing ye money act for levying a tax made in May i688, & for Confirming all ye laws of this province &c, and another for repealing a former act touching a femme Covert, both past this board. Adjourned till 2 a Clocke afternoon A Conference of both houses about y" passing a Certain bill but upon a full debate ye bill was set aside Adjourned till 8 a Clock on Moonday morning Att A Councill held at perth Amboy ye third of Octr Anno Dom' i692 'Gover' Hamilton Andrew Bowne . J David Mudie present houses A bill past both houses for further Encurradgment for ye killing of woolves A bill past both houses for Regulateing of Ordinaries, and for raiseing an Excise upon strong drink & Liquors. A 159 A bill past both houses for setling a standart of weights and measures. A bill past both houses for raiseing 400" for their Majesties service in Carrieing. All ye Acts past this Sessions of Assembly, being ten in number, were delivered in to this board & ordered ye Secretary should record & publish ye same, and the ye Gover' did disolve ye assembly, & ye assembly was accordingly disolved. Att A Councill held at Perth Amboy ye 12th October anno Dom'i693 ' Gover' Hamilton Isaac Kingsland Andrew Bowne present -^ David Mudie John Bishop James Dundas Lewis Morris ? of ye Councill J of ye Councill The House of Deputyes being meet together Came before this board, & ye Gover' did desire them to w'b draw & Choise their Speaker & present him to morrow morning & then he would lay before them such things as were for y' generali good & welfear of ye province. Adjourned till 8 a Clock to morrow Morning Att A Councill held at perth Amboy 13 Octr i693 ' Gover' Hamilton Isaac Kingsland Andrew Bowne David Mudie PresenM Sam" Dennes John Bishop James Dundas Lewis Morris The House of Deputyes being meet Came before this board & presented william Lawrance for their Speaker, who was re ceived accordingly, and then ye Gover' told them that he had Called them together at this time to Consult & advise of severall things wch were for ye Generali good Credit and welfear of this province, and seeing ye warr agst ye French still Continued, he desired they would fall upon some proper & good method for defence of ye Country, & for ye assisting ye warrs & Continue- ing ye Credit of ye province, woh they had already acquired, by assisting of our neighbours of new yorke w'h men & money for defence 160 defence of ye frontiers ; and because ye makeing of detachments is found to be very Inconvenient he desired they would fall upon some better method for raiseing of men & paying them for ye future Adjourned till 2 a Clock afternoon Postmeridiem Ordered that Isaac Kingsland & Thomas Gordon Dep* Sec retary & Clerk of this board Do take ye usuall oathes of mem bers of ye house of Deputyes weh they did Adjourned till 8 a Clock to morrow morning Att A Councill held at perth Amboy 14th October anno Dom: i693 Gover' Hamilton Andrew Bowne David Mudie present -l John Bishop V of ye Councill Sam" Dennes James Dundas Lewis Morris A Message to ye house of Deputyes by Thomas Gordon Clerk of this board, desireing them to fall Spedily upon ye bussinese recomended to them yesterday by ye Gover', and to Shew them a letter from his Ex'oie Benj' fletcher Gover' of new- york applauding & giveing thanks in their Maj'ie8 names, for ye Loyalty & assistance this province hath given towards ye defence of ye frontiers A Message by John Reid & John Lyon, desired this board would appoint some of their number to meet a Committie of their house, to discourse of y° bussinese in hand; this board did appoint Andrew Bowne & Sam" Dennes to meet John Bowne John White John Lyon & John pike, who meet accordingly Adjourned till 8 a Clock on Moonday morning Att A Councill held at perth Amboy ye 16*b October anno Dom': i693 Gover' Hamilton Andrew Bonne John Jnians present ¦( David Mudie John Royse Sam" Dennes James Dundas ? of ye Councill 161 A Message by John White and John Reid desireing a Gen erali Conference of this board, wcb was granted presently, & being meet, ye Speaker informed this board that ye Country was much aggrieved by many ill and unaccountable practices don to ye Inhabitants of this province by ye Collector of New- Yorke, the Gover' answered y' he would willingly Joyn w*b them to redress ye same any way they thought fitt Adjourned till 8 a Clock to morrow morning Att A Councill held at Perth Amboy ye 17th Octr i693 Gover' Hamilton Andrew Bowne " John Jnians David Mudie Sam" Dennes }¦ of ye Councill John Bishop John Royse James Dundas present A Message by John Bowne & John Drake to Inform this board, that ye house of Deputyes have agreed to Levy fifteen men to be sent to albany for assisting in ye defence of ye frontiers, & to pay them for one yeare next Ensueing Another Message by John Bowne & John pike, to Informe this board that they have aggreed to add five men more, wcb makes twentie in all, for one year A Message by Thomas Gordon to Informe ye house of Deputyes that this house desires a Genr" Conference of ye whole house presently, & being meet, ye Gover' told them y* they had received two Messages one Informing them that ye house Deputyes had agreed to levy 15 men to be sent to ye frontiers, & another that they had five men more wch seemed very strange that they should bargaine as if they were buying or selling a horse or a Cow, when their own seafty & Credit Lyes at stake, and therefore he desired that this year they would agree to send 30 men wcb would tend very much to their Seafty & Credit, and would also be a leading Case & a good Example to ye neighbourhood, and that he would Endeavour y* 25 if not 20 men should be accepted of next year. The Governor also told them that there was an Express Messenger Come for him to go to west Jersey to ye Assembly now sitting at Burlington, & therefore thought fitt that they would think of adjourning for some short time Adjourned to 2 a Clock afternoon / Post T 162 Post meridiem A Message by Thomas Gordon to acquaint ye house of Deputyes, that this board did desire they would Conclude upon what ye Gover' had recomended to them, that he might be Enabled to Improve to ye best advantage in west Jersey, where he was now going, And also y* he might writt to ye Gover' of New-Yorke, who is now at Connectecute, y' he may Improve to ye best advantage as a leading Case there, & also to desire them to Informe this board what time they desired to adjourn to. A Message from ye house of Deputyes by John Reid and Thomas Richards, to Inform this board that they Incline to adjourne to ye 14*b November next, & in ye mean time, to In forme & advise w'b their Neighbours if they Can give 30 men to be sent to ye frontiers as is proposed. The Gover' did Informe this board that being necessitate to go to burlington to ye assembly now sitting there, who have sent for him, & not being resolved to stay above 3 or 4 dayes, upon Second thoughts he did not think fitt to adjourn ye assembly, but that a Chairman might be appointed in his absence, and yc Members of this board did recomend it to his Ho' to appoint whom he thought fitt, Whereupon ye Gover' did name Cap* Andrew Bowne to be Chairman dureing his absence, wcb all ye members of this board did well approve of. A Message by Cap* John Bishop to Informe ye house of De putyes, that this board desired a Generali Conference w*b them presently, & being meet, ye Gover' did Informe them that upon Second thoughts, w,h advise of yc Councill, he thought fitt not adjourn because it would be a great truble & Charge to y' Country to meet again, And therefore, w"' ye advice & appro bation of ye Councill, he had appointed Cap' Andrew Bowne to be Chairman dureing his absence, wcb should be very Short, & in ye mean time they might be prepareing bills &c till his returne, and that he had now resolved w"' advice of yc Coun cill to accept of 25 men, wcb was ye lest wob is ye least that they Can w'b Credit offer or he accept of. A Message by John Reid Sam1 [ Dennes & Thomas Richards pressing this board for an adjournment at least for tenn dayes A Message by Thomas Gordon to Inform y" house of Depu tyes, that they desired they would appoint 4 of their house to meet 3 from this board to debate ye reasons why they pressed for an adjournment: this board made Choice of Capt Andrew Bowne John Royse & Sam" Dennes to meet Richard Harts horne 163 home Sam" Dennes John Lyon & Daniel Dod of ye house of deputies, and after a full debate ye Comittie aggreed to Adjourn for 10 days and accordingly did Adjourn till Thoursday y° 26 Instant Octr at 9 a Clock in ye morning Att A Councill held at perth Amboy ye 26'b Octr i693 'i present < 'jGover' Hamilton Andrew Bowne John Inians Sam" Dennis James Dundas - of ye Councill The House of Deputyes Not being fully meet Adjourned till 8 a Clock to Morrow Morning Att A Councill held at perth Amboy 27'h Octr 1693 present < ' Gover' Hamilton Andrew Bowne ] John Jnians | Sam" Dennes J* of ye Councill John Bishop James Dundas A Message from Sam" Dennes & James Dundas to ye house of Deputyes, to Informe them that this house desires they would finish ye bill of supply for defence of ye frontiers w'b all Expedition, for two reasons, first y* notice may be Sent to ye proprietors in England that they may Improve our Loy alty to Our advantage there, & also that Notice may be Sent to ye Gover1 of New-Yorke Now at Connecticute, that he may Improve it to our Credit there, & ye forwarding their Maj"68 Interest there & elsewhere w'hin their Maj'ie8 plantations. Adjourned to 2 a Clock afternoon Post meridiem ' A Message by John Reid John pike & Sam" Dennes w* a bill Concerning ye Courts of Small Causes past that house, de sireing. ye Concurrance of this board. A Message by Sam" Dennes & James Dundas to y° house of Deputyes proposeing some Amendments of ye sd bill Con- cerneing ye Courts of Small Causes, And desireing An Answer of ye Message sent them in ye morning Concerning ye Bill of Supply &c. A 164 A Message by John White & John Drake w'h ye sd Bill Concerning yc Court of Small Causes amended, & a bill for ye repealing of an act formerly made for regulateing of ordinances, & raiseing an Excise upon Strong liquors, both past that hous, for ye Concurrance of this board A Message by Sam" Dennes & James Dundas desireing a generali Conference of ye house of Deputyes presently, about ye bill of Supply &c, Seeing they had returned no answer to ye two last Messages, and being meet, y6 Gover' did press ye dispatch of ye bill for Supply &c for ye reasons aforesd. The Speaker did answer that they had Considered y' bussinese, & y' they thought they had made a great offer, & that Consider ing their own poverty 20 men is a great matter, & at their own Charge is as much as they Can well do & as farr as they Can well go Att A Committie of two of this board viz Andrew Bowne & Sam" Dennes & four of ye house of Deputyes, to witt John pike John Lyon John Drake & John Fitzrandolph appointed to debate ye reasons of repealing ye act Concerning regulateing of ordinaries, upon full debate it was found that bill had pro ceeded upon a Mistake & therefore was set aside. Adjourned till to morrow morning 8 a Clock Att A Councill held at perth Amboy 28 Octr i693 present Gover' Hamilton Andrew Bowne John Jnians David Mudie Sam" Dennes James Dundas ¦ of ye Councill A Message by Richard Hartshorn John pike Sam" Dennes & John Reid w"1 ye bill Concerning ye Court of small Causes amended & past that house, wch was read here & past this board, and they did also Inform this board that their house had fully debated and Considered ye bill of Supply &c, And ye poverty of ye Country in Generali & of every County & town in particulare, & found 20 men, on their own Charge, ye utter most that they Could go A Message by Thomas Gordon desireing a Generali Confer ence of y6 house of Deputyes presently, to Show some solid reasons why they Can do no more &c, wob they desired time to Consider upon & give their Answers. Adjourned to 2 a Clock afternoon Post 165 Post meridiem Both houses being meet at ye Generali Conference, M' Speaker did still Insist upon ye poverty of ye Country, And long and much debate ye Gover' & Councill aggreed to ye levying of 20 men, to be sent to albany to Joyn in ye Common defence of ye frontiers, & to be maintained for one whole year from & after ye first of may next Adjourned till 8 a Clock on Moonday Morning. Att A Councill held at perth Amboy 30th octr i693 ' Gover' Hamilton Andrew Bowne" DQvid Mudie .Iohn Bishop > of y" Councill John Royse James Dundas present A Message from ye house of Deputyes w'h two bills past ye house, one Intitled a bill for setling a School & School Master in every town in & throughout ye province, the other a bill for regulation of ordinaries A Message by Thomas Gordon, w'b two bills past this board to yB house ot Deputyes for their Concurrance, the one a bill for regulateing ye proceedings of ye Court of Common Right the other a bill for Establishing a Court of Oyer & terminer, also w*b ye bill Concerning ye Court of Small Causes past this board, and also desireing they would appoint a Comittie to debate w'b some of ye members of this board about ye bill Concerning School Masters & y* about ordinaires. Andrew Bowne & David Mudie were named by this board to meet .John Reid John Pike John Lyon & John Drake. Adjourned to 2 a Clock afternoon Postmeridiem A Message by John Barclay Thomas Fitzrandolph & Elias Michielson, w'b a bill past that house for divideing each County into Townships, & desireing this board would appoint some of their number to meet Six of that house to debate upon ye bill for ye Court of Common Right, & ye bill for a Court of Oyer & Terminer. Andrew Bowne John Bishop & James Dundas were appointed by this board to meet John Reid Sam" Dennes Henry 166 Henry Norris John Lyon, Thomas Cooke & John Drake of ye house of Deputyes to Conferr as aforesd A Message by Thomas Gordon to ye house of Deputyes w'b 3 bills past this board, viz: one Concerning selling strong drink to ye Indians, one for establishing School masters w*bin this province, & one for regulate of Lycences for publick houses & marriages & take off ye Excise &c. Adjourned till 8 a Clock to morrow morning Att A Councill held at perth Amboy 3i Octr 1693 'Gover' Hamilton Andrew Bowne David Mudie Present Sam" Dennes John Bishop John Royse A Message by Thomas Gordon to ye house of Deputyes w'b ye bill for deviding each County into townships past this board Adjourned to 2 a Clock afternoon Postmeridiem of ye Councill A Message by John Reid & Sam" Dennes w*b 2 bills past y' house viz: a bill for regulateing of marriages, & another for takeing off ye Excise & Impowering ye Gover' to grant lycences to ordinary keepers, & y° Bill sent yesterday returned & by this devided into two^ Adjourned ti,ll 8 a Clock to morrow morning Att a Councill held at perth amboy Is' nover' i093 Gover' Hamilton Andrew Bowne "" John Inians David Mudie J- of y° Councill John Royse James Dundas present - A Message by Thomas Gordon to ye house of Deputyes, w'b a letter from y° proprietors in England giveing Our Gover' & ye assembly, thanks for their prudent Care & Con duct in y° management of y° Goverment of y° province &c, and a bill Concerning y° Militia past this board. Adjourned to 2 Clock afternoon Postmeridiem 167 Postmeridiem A Message by John Drake w*b a bill past y' house, for aughmenting y° Deputyes fees & fyning ye absents, wob being read here was returned again by Andrew Bowne & James Dundas, & to acquaint y* house, that seeing they pleaded so much poverty this board, thought y6 Salary allready allowed enuff, and that they should rather Consider y6 Gentlemen of ye Gove'8 Councill who as yet had nothing allowed to them Adjourned till 8 a Clock to morrow morning Att a Councill held at perth Amboy 2 Nover' 1693 C Gover' Hamilton Andrew Bowne nresenJ John Jnians presents gam„ Dennes j.of yC Councill | John Bishop ( John Royse A Message by John White & John Lyon wth a letter signed . Dy ye Speaker, by order of that house, directed to ye proprietors in England, giveing them thanks for their Care over ye province & Complaining of ye hardships put upon ye Inhabitants of this province by ye Collector of New-Yorke, & Intreating their assistance for redress of ye same &c ; and also a bill Consent ing John pike & his father past y* house. The letter to ye prop'rs being read here, Ordered y* ye same be signed by Thomas Gordon Dep* Secretary & Clarke of this board wob was don. A Message by Thomas Gordon Clerk of this board to y" house of Deputyes, to^Informe them y' ye bill for Regulateing of marriages, & the bill for Impowering ye Gover' to grant Licenses to ordinarie keepers & for takeing off ye Excise, are past this board Adjourned to 2 a Clock afternoon Post merediem A Message by John Reid & John Lyon, w'b a bill for Im powering Each County in and throughout ye province to make rates to defray their debts, past yc house. A Message by Thomas Gordon to ye house of Deputyes, to know what bills sent them from this board are past y' house, who returned answere y* ye bill about Schoolmasters, ye bill about 168 about selling strong drink to y° Indians, Ss ye bill about ye Militia, are all past that house, Ss returned ye bill about yc Court of Common Right Ss ye bill about yc Court of Oyer & terminer past / A Message by John White Ss John Reid w*h a p'per signed by ye Speaker by order of y' house, recomending ye putting in practise ye former law about weights Ss measures, Ss w'b them was returned ye bill Conserning John pike Elder deceased Ss John pike, because this board did esteem any former disgrace &c, sufficiently taken of, by his being admitted a member of y* house A Message by John White John Reid Sam" Dennes Ss John Drake w'b ye bill for Raiseing souldiers for ye seafty of this province, Ss money for maintaining ye same past that house, desireing ye Concurrance of this board to yc sd bill, and also A Committie to be appointed to Conferr upon ye bill about John pike &c. Ordered that Andrew Bowne John Royse Ss David Mudie do Conferr w'h John Reid John pike John Lyon & Sam" Dennes of y" house of Deputyes upon ye sd bill Con cerning John pike &c A Message by Thomas Gordon to y" house of Deputyes Desireing a Conference of y' whole house to discourse about ye bill for raising men Ss money &c, for makeing some amend ments of ye same, & to acquint them y* ye bill y* Impowered ye County Courts to make rates &c was past this board. Adjourned till 8 a Clock to Morrow Morning Att A Councill held at perth Amboy 3d Nover' i693 present < ' Governour Hamilton Andrew Bowne ) John Inians >• of ye Councill John Royse ) The Bill for raiseing men & mo'e &c, w"1 the amendm'8, past this board Ss sent to ye house of Deputyes & past y' house. A Message to ye house of Deputyes by Thomas Gordon de sireing all ye principall bills past both houses to be sent here, Ss desireing all ye members of y* house to attend ye Gover' & Councill presently, wcb they did &c, Ordered that all ye bill past both houses, being nine in number, be recorded by ye Dep' Secr'y in ye publick records of this province, Ss Copies sent to y° severall Countyes, and then ye Gover' did dissolve ye Assembly Thomas Goedon D Secr'y & Reg'' Att 169 Att a Councill held at Perth Amboy in ye County of Midi- sex ye Second Day of October anno Dom': i694. 'Co11 Andrew Hamilton Gover1 Andrew Bowne Present < David Mudie Sam" Dennes [ James Dundas ? of ye Councill The Major part of ye Deputyes being meet Came before this board. The Gover' did desire them to withdraw & Choise their Speaker, & then he acquaint them w'b such things as he Judged would tend to ye Generali good welfear & Credit of ye province. The House of Deputyes Came before this board and pre sented John Harriman for Their Speaker, who was accepted & Received accordingly, and then ye Gover' told them y' he had Called them together at this time to rectifie what is now. found by experience to be formerly amiss,' and to Consult Ss advise what may be further needfull for ye Common good wealfear & seafty of ye province, and as on ye one part he is persuaded ye Gover' & Councill will Deny nothing that may Contribute to that End, So on ye other side he desires that they would lay aside all factions & animosities, & Joyn Cor dially in what May be for ye Generali good & Common defence of this Ss ye rest of their Majties Colonyes. Adjourned till 8 a Clock to morrow Morning Att a Councill held at Perth Amboy 3d October anno Dom' : i694 \ ' Gover' Hamilton Andrew Bowne present-^ David Mudie Sam" Dennes James Dundas Adjourned till 8 a Clocke to morrow morning Att a Councill held at Perth Amboy y" 4th of October i694 Gover' Hamilton Andrew Bowne David Mudie Sam" Dennes James Dundas Lewis Morris of y" Councill present < U ? of ye Councill 170 A Message by Elias Micheilson Edward Earle, John pike & Thomas Fitzrandolph, w'b a bill Concerning Negroes past that house, desireing y° Concurrance of this board A Message by Sam" Dennes, desireing ye house of Deputyes to appoint some of their Number to meet some of ye members of this board, to debate Concerning some amendmt" to be made of y6 bill Concerning Negroes &c. A Message by John Reid, Richard Hartshorn Sam" Leonard & Jasper Craine, desireing a free Conference of Their whole house w*h this board, woh was granted presently, & being meet, M' Speaker did offer that they had some debate in their House Concerning ye trade of this province, it's lying under severall very bad Circumstances at present, & therefore desired ye Con currance of This board to advise Ss to assist how, & wob way, to Remove ye Same. Adjourned till 8 a Clock to morrow morning Att a Councill held at Perth Amboy ye 5tb October i694 Present Gover' Hamilton Andrew Bowne David Mudie Sam" Dennes y of y° Councill James Dundas Lewis Morris A Message by Richard Hartshorne, William Lawrence & Josias wood, Desireing this board would order ye Secretary lo lett their House have ye peruseall of ye booke of Records, Con taining Commissions &c wcb was granted by this board. And also w"1 them was sent a letter from The Committie of ye Kings Councill in England for trade &c, Directed to ye Gover' of ye Jerseyes, Concerning y° Regulateing ye Trade of this province according to ye act of Navigation <&c, to be perused by ye members of ye house of Deputyes. A Message by Edward Earle & Job Throckmorton to this board from ye house of Deputyes, w'b ye act Concerning negroes amended &c & past that house. A Petition from James Armour Complaining y* y° Con stable of Perth Amboy, by a warrant from Two Justices of ye peace, had Dispossessed him of some hay &c, which being read this board told him that they had Considered his petition, but Could do nothing in it, and that if he found himself any way aggrieved, he might seek for redress & remidie at ye Common Law in a Regulare Ss Legall way. A 171 , A Message by Thomas Higgens Tho: Fitzrandolph willm Laihg & will™ Ridfoord, desireing this board would appoint some of their number to meet w*h a Committie of 8 of Their House, to Conferr Conserning ye Encurradgeing Ss Increasse- ing y° Trade of this province &c. Ordered that Andrew Bowne Sam" Dennes James Dundas Ss Lewis Morris be a Committie of this board, to meet Richard Hartshorne, Thomas Codrington John Reid Sam" Leonard, Jonas wood John pike, azariah Crain & willm Lawrence, to Conferr Conserning y° Encurradging & Increassing ye Trade of this province &c A Message by Sam" Dennes. & Lewis Morris desireing a Genr11 Conference of y* house presently, Conserning ye En- curradeing Ss Encreassing ye trade of this province &c, and being meet, the Gover' told them That he understood ye Com mittie had Concluded upon three things, to witt, first ye setle ing of perth Amboy for a port ¦ of the Councill James Dundas ) The Members of the house of Deputies being most of them mett, Came before this board, And told the Governour the Major part of them were conveened. And the Governour desired them to withdraw and choose their speaker, And present him Either to Night or to Morrow. And In A short time presented & Returned Richard Harts horne theire Speaker, who was Accordingly Received, And the Governour told them he thought fitt to Acquaint them that the reason of Calling them together was to Informe them of Thpmas Gordons goeing for England. And also he Acquainted them that the Proprietors had beene at A great charge In support ing the Goverment, And never Received any thing out of the Province, which he desired them to take Into theire consider ation Adjourned till to morrow at 8 A Clock &c| Att A Councill held ar Perth Amboy 25th ffebr: 1695 ' Governour Hamilton Andrew Bowne Present John Bishop ,of the Councill James Dundas A Message from this board to the house of Deputies by John Bishop & Thomas Gordon, to take the Oathes of the Deputies as is usuall, And In a Short time Returned gave Accp't to this board that they had done it Adjourned till to morrow at 8 A Clock &c Att A Councill held at Perth Amboy 26th ffebr: 1695| ' Governour Hamilton ' Isaac Kingsland Andrew Bowne James Dundas Present of the Concill A Message from- this board to the house of Deputies by John Barclay, Clerk of this board, with A bill for the tryall Ss Execution of Negros or other Slaves guiltie of murder or any other Capitall Crime. Adjourned till to morrow at 8 A Clock &c| Att 188 Att a Councill held at Perth Amboy 27th ffebr: 1695 {Governour Hamilton • , -J? >- of the Councill Andrew Bowne f James Dundas A Message to this board from the house of Deputies by John Royce, Benjamen Griffith Ss William Looker, with A bill con cerning gaiming and tipling In publick houses A Message from this board to the house of Deputies by Isaac Kingsland one of the Members of this board, Ss John Barclay 'Clerk, with two bills passed this board (viz) one for Establish ing of fees for the Members of this board, And an other for Regulating of ordinaries. Adjourned till to morrow Att A Councill held trie 29th ffebr: 1695 Present Governour Hamilton Isaac Kingsland Andrew Bowne James Dundas - of the Councill A Message from the house of Deputies to this board by John Royce, William Looker, Thomas Hilburne, Richard Salter, Jedediah Higgens, William Lawrence, Clause Janson, with five bills, (viz) A bill for opening our ports &c, A bill Impow- ering one Justice to sum'ons towne meetings, A bill oblidgeing Constables chosen to serve, A bill for killing of Woolves, A bill for punishing Ss Releeving Negros Adjourned till monday at 8 A Clock Att A Councill held Perth Amboy 2d March 169| {Governour Hamilton "] Andrew lE I'm [ of the CounciU James Dundas J A Message from this board by Isaac Kingsland & Thomas Gordon to the house of Deputies, with two bills, (viz) one for Supporting the Goverment, And one concerning Negros, also three bills ^past both houses (viz) one concerning Woolves, one concerning constables, one concerning appoynting of towne meetings. A 189 A Message from the house of Deputies by John Pike, John Browne, William Looker, Thomas Hillburne to this board, to desire a Conference concerning two bills (viz) that concerning the support of the Goverment, And that concerning Negros which was Accordingly Granted Att A Generali Conference of both houses, The Speaker first said as to the bill for the support of the Goverment, That Every Assembly will think it fitt what to offer for the Support of the Goverment, therefore they did not think it needefull at present to accertaine any thing. The Governour told them the reason of calling them now was to give them an Oppertunity to Lett the Proprietors know how farr they would encourage them to maintaine the Goverment, the speaker further said that the Deputies had Also promised In A Letter to the Proprietors, that they would do what they ought to do. Adjourned till to morrow at 8 A Clock Att A Councill held at Perth Amboy 3 d March 169| ( Governour Hamilton Present < Isaac Kingsland ( Andrew Bowne A Message to^lbis board from the house of Deputies by Ben jamin Burden, John Williams, John Pike, William Looker, with A bill concerning Schoolmasters, And the bill concerning Negros, past both houses. A Message to this board from the house of Deputies by William Lawrence, John Pike, John Williams, Benjamine Burden, with A bill Entituled for raising £150 towards con firming our Government Ss clearing our ports. A Message from t^his board by John Barclay Clerk, to the house of Deputies, with A bill for Maintaining the New Road to Burlington Sse A Message from this board by Isaac Kingsland to the House of Deputies, to desire A publick Conference of the whole house, who Returned for answere they would come Im'ediately Att a Generali Conference of both houses, The Governour acquainted them that the bill for opening our Ports they sent to him, was Inconsistant with it selfe because it Arraigned the Goverment Adjourned till to Morrow at 8 a Clock Att 190 Att A Councill held At Perth Amboy 4th March 169f ( Governour Hamilton Isaac Kingsland Andrew Bowne [ James Dundas > of the Councill Att A publick Conference of both houses, A Petition of Complaint Against George Jewell the Clerk of the peace, Ss John Gardner High Sheriff for the Countie of Essex, signed by Benjamen Ogden, Jonathen Clements, Isaac Hatfield, which Petition being, And after A Long Debate it was found that theire accusers could prove nothing of what they accerted against the said Clerk & Sherrife. A Message from this board to the house of Deputyes by Isaac Kingsland, to Demand two bills passed this board (viz) one concerning ordinaries & an other concerning a high Road, Burlington. • A Message from this board to the house of Deputies by John Barclay Clerk, with A bill for £200,— « — " — for sup porting the frontiers A Message to this board from the house of Deputies to this board, by Jedediah Higgens, William Looker, Thomas Hil- burne, and Albert Terhorne, to desire a Coni'ittie with six of theire number Ss some of the members of thus board, to treat about the bills that are yet to be past v A Message from this board to the house of Deputies, by John Barclay, Clerk, to Acquaint the house, that some of the members of this board are ready to meete with six of theire number Appoynted for A Conference with them. Att A Private Conference of some of the Members of this board, (viz) Andrew Bowne, Isaac Kingsland James Dundas, And six of the Members of the house of Deputies, (viz) John Royce, William Lawrence Benjamen Burden, Richard Salter, John Pike, John Williams, who returned five bills passed this board (viz) one for Regulating ordinaries, one for Appoynting the Councellors expences, one for A tax for defraying the charge of trying ffellons, one concerning the New Road to Bur lington, one for raiseing £200 " — " — for the support of the ffron tiers. To that concerning Ordinaries they answered there was already a Law for Regulating ordinaries, To that concerning the Councellors Expences, they answered since the Countrey did not chuse them they were of opinion it was not theire concerne to pay them, To that concerning the charge of 191 of ffellons, they answered there was provision made by the Lawes of England to defray such charges. To that con cerning the New Road, they answered they were writing an other bill over about it. To that for £200 " — " — for the support of the ffrontiers they answered, that the people were generally so poore they could not possibly raise so much monie this Spring, but they further said, they hoped the Governour would call another Assembly sometime next flail, to which it was replyed by some of the members of this board that if they would but raise but one halfe this spring, & the other halfe in the fall, to shew theire readiness for his Majesties service as well as for theire owne safety. And it was further told them, that if they would only raise £60 " — " — this Spring, and the rest In the fall that wee may shew our readiness to assist In what wee can. Adjourned till to morrow at 8 A Clock Att A Councill held at Perth Amboy 5th March 169f ' Governour Hamilton *) Present i J**0 Kinpland [ f h Q m j Andrew Bowne k James Dundas A Message to this board from the house of Deputies, by John Browne Jedediah Higgens, Richard Salter with a bill concern ing the New Road to Burlington, Past both houses ; they also Acquainted this board, that the whole house would waite on them presently, In order to A Publick conference. Att A Publick Conference of both houses, the Governour desired to advise with the house of Deputies what he should do if Governour fflitcher should Demand Assistance from him for the support of the ffrontiers, whither they think fitt the Governour should Attach Men or not when he Demands, them. In Answere to the Governours proposall the Speaker Replyed, they were Ignorant and did not well understand that matter; but only they are willing to raise £50 " — " — to the private Sentinalls at Albany to be payed next fall A Message from this board to the house of Deputies, by Isaac Kingsland Ss Thomas Gordon, to know of them whither or not they have considered of a bigger. sume, than what they before offered for the support of the ffrontiers, And to reade to them A Letter Intended to be sent to the Proprietors from the Members of this board. A Message from this board to the house of Deputies, by Andrew 192 Andrew Bowne Ss Thomas Gordon, to Acquaint them that the Governour has already been at A Considerable Charge to send Expresses concerning the publick Affaires, therefore he desires to know how he shall be paid for such Emargencies for time to come if any should happen, And Also to Acquaint them, that since there is an open warr against the ffrench, It's thought needfull by this board, there be A Magazine of powder & Shott In Every Towne In this Province. A Message from this board to the house of Deputies by William Lawrence, John Pike, Richard Salter, to desire the aforesaid Message from this board In writeing, which the Governour Accordingly did. Adjourned till to Morrow at 8 A Clock Att A Councill held at Perth Amboy 6th March 169| f Governour Hamilton Present I Isaac Kingsland | Andrew Bowne [James Dundas of the Councill A Message from this board to the house of Deputies by Thomas Gordon, to read A Letter signed by this board to the Proprietors In London A Message from this board by John Barclay theire Clerk to the House of Deputies, to Acquaint them that the Governour Ss Councill desired them to Attend this board with the bills that were finished, unless they had Either A bill for the sup port of the Goverment, or an other for support of the ffrontiers under consideration ; to whom the speaker Answered the Clerk was busie writeing A bill for the safetie of the Province. A Message from this board to the house of Deputies by Thomas Gordon, to Acquaint them that the Governour Ss Councill desired them not to Adjourne untill they brought all the bills along with them, to which they answered theire Clerk was busie about the bill for the Safetie of the Province, And as soone as that was ready they would wayte on the Governour Ss Councill if it were not too Late Adjourned till to Morrow at 8 A Clock Att a Councill held Att Perth Amboy 7th March 169$ {Governour Hamilton Sew^f 'Of tl, Council. James Dundas 193 A Message to this board from the House of Deputies by William Lawrance, Jedediah Higgens, Richard Salter Ss Ben jamen Burden, with A bill for the Safety of the Province, Ss defraying the Charge of Expressess.In time of Warr. A Message from this board to*the house of Deputies by Thomas Gordon, to Acquaint them that the Governour cannot be answerable to signe the said bill, because he cannot Act safely, without the Advise of his Councill, who Returned for answere the house of Deputies would Attend this board pre sently. Att A Publick Conference of both houses, The Speaker pre sented all the bills past. The Governour told them that In the beginning of the Assembly he Acquainted them that Thomas Gordon was goeing home, In order to prosecute some persones that had abused our Goverment. The Governour further Ac quainted them if they had any thing to offer to the Proprietors he should be no Insendarie against them, And he should be glade that they convince the Proprietors they have beene ready to serve them According to theire Ability. And also the Governour told them he knew of no other busi ness at this time, And so dissolved them John Babclat Dp* Sc*' Ss Rg8*'. Att A Councill held At Perth Amboy 2d June 1696J Present - Governour Hamilton Andrew Bowne Samuell Dennis j-of the Councill John Bishop James Dundas The Governor Informed this board that he Received A Packett dated at the Councill Chamber of White Hall the 10*b March 169$-, signed by tenn of the Members of his Majesties Privie Councill, Wherein they Informe him of A Horrid Plott against his Majesties sacred person, And an Invasion by the ffrensh, wherein they also Informe him they doe it by his Maj- jesties Express Com'and, And hopes that all his Majesties Loveing subjects In that Province, will Joyne in giveing thanks to Almightie God for such A wonderful deliverence. Accordingly the Governour with consent of his Councill Is sued out A Proclamation for A Solemne day of thanks giveing to bee Religeously kept through out this Province upon the 11th day of this Instant. And X 194 And it was Concluded by this board that A Letter bee writt by the Governour to M' Povey Clerk to the Plantation Office, giveing him an Accpt: of the Receipt of the said Packett which was Accordingly done In these words. S' The Express from the Right Honourable the Lords of his Majesties Most Honourable privie Councill, bearing date from the Councill Chamber at White Hall the 10th day of March 169$, came to my hands via. Virginia upon the 22d of May, I called, A Councill In Each Province, & produced theire Lordsp8 Letter together with the papers Inclosed. As the Barbarous & wicked design es against the sacred person of A prince who so often shews Jiimselfe at the head of his Armies, The only oppertunitie A generous Enemie could desire, created detestation Ss Abhorrence. So the happy disapoynt- ment of it by the good providence of God, And the defeat of the Enemies Attempts against his Majesties Kingdomes Ss Govern ment, was a matter of great Joy. I have therefore with Advice of councill of both East Ss west Jersey, Appoynted a Solemn day of thanks giveing In Each Province, upon which I am well Assured the unfeigned thanks of All the Inhabitants will bee offered up to Almighty God for so great A deliverance, Ss all imigineable Expressions of Joy upon so solemn an occasion And: Hamilton Perth Amboy 2d June 1696| Att A Councill of Generali Assembly begun and held at Perth Amboy the 16*b day of March Anno Dom: 169$ {Coll: Andrew Hamilton Governour Capt: Andrew Bowne 1 John Inians V of the Councill James Dundas ) The Members of the house of Deputies being most of them mett, came before this board, and told the Governour the Major part of them were conveened & the Governour desired them to withdraw Ss chuse theire speaker & present him. And In A short time they returned & presented Samuell Denniss theire Speaker. The Governour told them, hee would have called them to gether Last yeare, as hee has yearly done since hee came Into the Goverment, but the reasone (why hee did it not) was because M' Gordon was sent home on the publick Accpt: and was unwilling to putt the Countrie to the charge of A Generali Assembly 195 Assembly till his returne, but the reasone why they were now called together was because the Justices & severall others of the Inhabitants of the Province had Addressed him to call an Assembly, And hee was willing to heare what they had to offer Adjourned till to morrow at 8 A Clock Att A Councill of Generali Assembly the 17th of March 169$ (Governour Hamilton ] JotManr ^^ of the Councill [James Dundas J A Message to this board from the house of Deputies by Lewis Morris Ss William. Sandfoord, to desire one of the Mem bers of this board to take the Deputies oathes — And Accord ingly James Dundas & John Barclay Clerk to this board went to doe the same, — Ss In a short time Returned & gave an Accpt, they had done it. A Message to this board from the house of Deputies by Lewis Morris & William Loveridge, Acquainting this board that they see not cause to Admitt Thomas Warne to bee one of theire Members, therefore desires A New writt may be Issued out to chuse an other In his Roome Adjourned till to morrow at 8 A clock in the morning The 18th of Aprill present As Above A Message to this board from the House of Deputies by Richard Hartshorne & Cornelius Longfield, to Intreate the Governour to Issue out his writt to chuse an other Deputy for Perth Amboy In the Roome of Thomas Warne. Adjourned till morrow morning at 8 A Clock The 19*b day present As Above Adjourned till monday at 10 A Clock In the morning The 218' day present As Above A Message to this board from the House of Deputies by John Pike & Lewis Morris, to Acquaint this board that theire House had Adjourned themselves untill the 17*b day of May next John Babclay Dep' Sc*r & Rgsf Att 196 - Att a Councill held At Perth Amboy In the Countie of Middx: the 7th day of Aprill Anno Dom 1698 'Coll: Andrew Hamilton Governour Capt: Andrew Bowne Samuell Dennis Capt: John Bishop James Dundas of the Councill Jeremiah Basse Esq' produced to this board A Com'ission to bee Governour and Com'ander In Cheeffe of this Province of East New Jersey, given under the Seale of the sayd Province In London, Ss signed by the Proprietors there bearing date the 15th day of July 1697 Hee Also produced here A Com'ission given under the broad Seale of England by order of the Lords Justices, bearing date the thirtieth day of Aprill Anno Dom': 1697 (directed to Edward Randolph Esq' Ss severall others, In All Eight In Number, or any five of them, or In case of theire Absence by death or otherwise, then to five of the Councill And In case of any of theire Absence, then to three of the Councill), to take the oath (of the Governour or Com'ander In Cheeffe of this Province of East Ss west New Jersey for the time being) Appoynted by the Act of trade & Navigation &c: to bee taken by the Respective Governours of his Majesties Planta- ' tions; Hee Also produced here A Certificate (given under the hand & Seale of his Excellency Richard Earle of Bellamont Cap': Generali & Governour In Cheefe of the Province of New Yorke &c: dated 5th Aprill 1698) therein setting forth (that before his sayd Excellencie) hee had taken the oathes Ap poynted by Act of Parliment to bee taken Instead of the oathes of Alleadgiance & supremacie, both which Com'issiones & Cer tificate were here read In Councill, And then hee Im'ediately tooke the oath of Aleadgeance to the King Ss fidelity to the Interest of the Proprietors of the sayd Province As Govern our thereof. And it was then ordered by this board that Proclamatione should bee Issued out to Each Countie throughout this Pro vince, setting forth the New Governours Com'ission, And ordering All officers both civill Ss Militarie to continue In theire severall offices & places till further order. Adjourned till to morrow morning Att 8 a Clock Att 197 Att A Councill Held Att Perth Amboy the 8th of Aprill 1698| present - Jeremiah Basse Esq' Governour Capt: Andrew Bowne 1 Samuell Dennis > of ye Councill James Dundas ) Agreed & ordered by this board that A proclamation bee Issued, for All Magistrates & other officers to put the Lawes In Executione strickly Against im'oderate drinking swearing & other vices Ss the breach of the sabbath day. Agreed Ss ordered Also that an other Proclamation bee Is- ued out, setting forth that the Com'issioners of his Majesties Customes in England Have Allowed Perth Amboy to bee a free Port. Agreed & ordered by this board that the peace bee pro claimed here the first day of the next Court of Com'on Right. The Governour Requested the members of this board to Ad minister the Oath (to him) Appoynted by the Act of trade Ss Navigation, According to the Com'ission under the broad Seale of England by him here produced, And this board were of opinion (at present) that they had not power to Administer sd oath, because there are severall other persones Nominated In the sayd Com'ission to Administer the same. Adjourned till further order Att A Councill held att Perth Amboy the 20th day of Aprill Anno Dom: 1698 'Jeremiah Basse Esq' Governour Capt: Andrew Bowne Samuell Dennis Present ¦! Cap' John Bishop John Royce Richard Hartshorne Thomas Codrington This day the Members of this board Administered the oath to the Governour (Appoynted by the Act of trade & Naviga tion &c) According to the Com'ission under the broad Seale of of England, here in Councill produced. All the Members of this board here present, tooke this day the oathes Appoynted by Act of Parliment to bee taken, In stead of the oathes of Aleagiance Ss supremacie, (Except Rich ard Hartshorne) who scruples swearing After the usuall forme Agreed ? of the Councill 198 , Agreed Ss ordered by this board, that A writt bee directed to the Sheriffe of the Countie of Bergen to sum'ons the Justices of the sayd Countie to Appeare before the Justices of the next Court of Com'on Right to render theire reasones why they re fused to obey A writt of Habeas Corpus directed to them. Adjourned till further order Att A Councill Held Att Perth Amboy The 12"1 day of May Anno Dom: 16981 f Capt Andrew Bowne Samuel Dennis present < Capt: John Bishop Thomas Warne Richard Hartshorne of the Councill It's Agreed by this board that the Letter directed to Coll : And: Hamilton Ss the Councill of this Province from the Pro prietors dated 12th of October 1697, bee Recorded In the pub lick Records of this Province, Ss safely kept In the Secretaries office. It's Also Agreed by this board, that notice bee given to the severall members of the present Generali Assemble of this Pro vince, that they doe not meete here According to theire owne Adjournment the 1 7'b day of this Month, but that they delay theire meeting untill they have further order by Proclamation from the Governour. Att A Councill held att Perth Amboy 30th May Anno Dom: 1698 present Jeremiah Basse Esq': Cap' Andrew Bowne Samuell Dennis John Royse Thomas Codrington Cap' John Bishop Thomas Warne Richard Hartshorne Governour of the Councill The Governour Administered an oath of Secracie to John Tatham Esq' hee not being of the Councill of this Province, but of West New Jersey, who was Accordingly Admitted by this board to Assist them with his Advice, After the reading of A Late Proclamation signed by Bella- mount Governour of New Yorke the 24th of this Month, This board 199 board were of opinion that M' James Dundas should bee sent for, to Acquaint them what hee knew of any order Lately come from England to Bellamount concerning our Port, who Accord ingly came. And it was Agreed by this board that there should bee A Proclamation Issued out Asserting the Authoritie of our Port. And there bee A Letter writt to the Proprietors giveing them An Accpt thereof Ss also of Bellamounts Proclamation, with Coppies of them both, which was Accordingly done. Adjourned, till further order Att A Councill held at Perth Amboy: 16th June 1698| present ' Jeremiah Basse Esqr Governour Cap* Andrew Bowne" Samuell Dennis Thomas Codrington John Royse Cap' Thomas Bishop Thomas Warne of the Councill The Governour Informed this board that hee received A precept, directed to him from the Earle of Bellamount, As vice Admirall of the Province, wherein hee requires him to send (two prisoners together with their Effects, Accused of Piracie) to New Yorke, to bee tryed there at the Court of Admiraltie. And it's the opinion of this boards that the Governour ought not to send said prisoners as desired, untill my Lord Bella- mounts Com'issione for vice Admirall of this Province bee pub lished here. And its Also the opinion of this board that A letter bee writt to My Lord, giveing him an Accpt, why the prisoners are not sent According to his desire. Adjourned till further order Att A Councill at Perth Amboy for ye province of East — new — Jersey the 15th day of July, i698 ' Jeremiah Basse Esq' Governour Capt Andrew Bowne "> Tho: Codrington Present \ John Royse Tho: Warn Capt Jon Bishop Sam" Dennes of the Councill Thomas 200 Thomas Gordon Presented to this board a Deputation for .Secr'y & Regr' of this province Ss the Gover' Did Satisfie this board that he did see ye sd Deputation Signed Sealed Ss deliv ered by ye sd Mr Dockwra to y" sd Tho: Gordon who was ac cordingly Recognized by this board Ss and took ye Oaths in usuall forme The Governour did present to this board a Letter from y" King and Councill, with a proclamation prohibiting his Majtles Subjects to Enter into ye service of forraign princes Estates Sse, directed to the Proprietors of East-New Jersey, wcb this board ordered to be published in ye severall Countyes of this pro vince According to ye usuall forme. The Petition of Robert Cole Deputy Collector, Complaining ags' George Jewell Ss his wife for rescueing some goods seized by him, belonging to Thomas Webster of Elizabeth town, Ss also agst Isaac Whitehead & Benjamin pryce for refuseing to take Cognizance of ye Same was read here, Ss ye opinion of this board is that this bussinese doth not ly properly before this board Ss therefore doe referr him to a due Course of Law, Ss in Relation to any weshells or sloops seized by the sd Rob' Cole, It is ye opinion of this board y* ye sd weshells or sloops with all their tackle Ss furniture &c be Inventaried Ss apprized, & Security taken to produce ye same at ye next Court, or pay ye apprized value in Case they be lost Sse The petition of M' George Willocks being read Ss Con sidered, its the advice of this board that ye sd willoks do bring ye sd Ship Called ye Dispatch Ss Cargo to perth-Amboy, & this board in behalf of y" proprietors and the Councill do promise to Indemnifie ye sd Willocks Ss his Implpyers from all Customes of ye sd Cargo, (woh Cargo sd willoks sayes is about 800" ster: first Cost) in Case sd Ship shall be forcibly Carried up to New- York Ss forced -to pay Customes there. Adjourned till further order Att a Councill held for the Province of East New Jersey att Perth Amboy ye Is' of Aug' 1698 ' Govern' Basse Cap* Andrew Bowne ' Present J Tho: Codrington ! ' '" \ John Royse Sam: Dennis Tho: Warne • all of the Councill M' 201 M' George Willoks did propose to this Board that the Ship dispatch being now at New York, did propose to the Lieu' Govern' & Councill there, that if they would permit the said Ship to come here to Perth Amboy to unload, the goods bound hither by bills of Loading, they would give Bond to Stand tryall for the Dutyes payable by New York Laws at West minster hall, & if cast there to pay the same Sse ; and in case this proposal be rejected, he desires the advice of this Board, in case he be forced to a Law Suit, Ss an appeal &c (by bringing down the Ship Ss goods here) how the charges Sse Shall be defrayed, being hard for him Ss his Employers as private persons to bear So great charges Ss Expences, being designed for the benefit & good of the publick &c. It is the Opinion of this Board that it will be very much for the good of this Province Ss the Interest of the Proprietors that M' Willoks do endeavour, by all ways Ss means by Law or other wise to bring the Said Ship Ss goods here, Ss what charges &c he Shall be at, this Board will use their utmost Endeavours with the next assembly to assist towards the reimbursing the Said charges & Expenses. Adjourned till further order At a Council held at Perth Amboy the 26th of November 1698 Present ' Govern' Basse .Iohn Royse John Bishop Sam" Dennes The Govern' did Inform "this Board that yesterday in the afternoon Cap' Mathews Ss M' Hungerford with between fifty , Ss Sixty men in Arms did come from New York & by Surprise < forcibly entr'd the Ship Hester & forcibly detain'd her, Ss also forcibly do keep Ss detain Capt Richard Wise Com'ander of the sd Ship & all the Seamen & Marriners, (to her belonging) prisoners aboard the Said Ship, and have hurt Ss wounded Sev eral of the sd Marriners : His Honour the Govern' doth desire the Opinion & advice of this Board, whether he shall convene the Country & forcibly retake the Said Ship, or forbear Ss Suf fer those people to do what they please. It is the positive Ss unanimous Opinion of this Board that there be no force used to retake the Said Ship Hester, At 202 At a Councill held at Perth Amboy the 12th of December 1698 Present Govern' Basse John Royse Richd. Hartshorne John Bishop Sam" Dennes Tho: Warne There was read before this Board a Letter from M' Cousens Clerk of the Council of New York dated the 25th of Novem ber, writt to Govr' Basse by order of the Govrn' and Council of New York, concerning the Ship Hester, It is the Opinion of this Board that they have no need to return any answer to the said Letter. The Govrn' desir'd the Opinion of this Board what is fit now to be done concerning the Ship Hester, being appointed by the proprietors Instructions to take the advice of this Board in that affaire It is the positive and unamious Opinion of this Board, the Governor do not medle or concern any further with the Ship Hester any manner of way, in Complyance with the Govern' or Goverm* of New York. Cap' Andrew Bowne Ss Thomas Codrington by their Letters are of the same Opinion. It is the Opinion of this Board that an Assembly be called to meet at Perth Amboy the 21s' of ffebruary next. There was Read before this Board a letter from the Proprie tors in England, directed to the Govern' Ss Councill, dated the 27th of August 1695 the Clark of this Board is order'd to draw Up the minutes in answer thereunto against to morrow morning. Adjourned till to morrow morning at a Councill held at Perth Amboy the 13th December 1698 Govern' Basse John Royse Richard Hartshorne John Bishop Sam" Dennes Tho: Warne There was drawn up the Scroll of a Letter to the proprietors in answer to theirs of the 27th of August, which the Clark was ordered to write, out fair against to morrow morning Adjourned till to morrow morning At Present < 203 At a Council held at Perth Amboy the 14th of December 1698 Present ' Govern' Basse John Royse Richd: Hartshorne Sam" Dennes John Bishop Tho: Warne The Letter to the Proprietors being writt out fair by the Clerk of this Board, was here read & approved of & Signed by the Govern' Ss all the members of this Board now present, Ss recommended to the Govern' to be carefully conveyed to the Proprietors in England by a Ship Cap* Bradford Com'ander now bound from New York to England, & then Adjourned till further Occasion Att a Councill held for the General Assembly at Perth Amboy the 21" of ffebruary 1698 Present ' Jeremiah Basse Esq' Gover' & Prop' Andrew Bowne ' John Royse Will: Pinhorne The Representatives being met did come before this Board, Ss did acquaint this Board that they were now met in Obedience to the Govern'8 writts, Ss desired therefore now to know his pleasure, Ss then the Govern' did acquaint them that he was glad of this Opportunitie to meet them here Ss Spoke to them in this manner (viz*) Gentlemen " The first work of the learned Phisician when called for " the curing of a distemper'd body is to remove Ss repell " all venemous humours from ye heart, because a disease once " Seated in this Metropolis, is rarely curable. This deserves " imitation by you who are the carefull Phisicians of our " State, Ss the healers of our body poblick: It is easily per- " ceivable what wounds this Province has of late received - & " by what hands; It remains then with you to consider the " most proper, Speedy & effectual remedies in which I dare " assure you of my utmost concurrence & assistance "We 204 " We may attribute our misfortunes not only to the invasion " of. our just rights by Some from another Province but in part " to our Intestine differences & interests: could there be more " of unanimity amongst our Selves, & all the different interests " reconcil'd, or at least not in this juncture agitated, we might " ye less be lyable to fear our Success against any others that " Should attempt to hurt us. Scierus his Arrows, whilst " they were bound in a bundle together, could neither " be broken nor bowed, but being divided were easily Snapped " assunder; So will it fare with us, whose happiness chiefly " depends on unity & mutual conjunction amongst our Selves, " Ss, nothing can be of more dangerous Consequence to us, " then discords, o'r divided Interests. It is an excellent Motto " on the coin of ye united Provinces, that have from poor dis- " tressed States in a little time raised themselves to be the " Companions of the ancientest Monarchies, Concordia parva " rescrescunt ; Ss the Same in practice may in time render us " not the Scorn but the envy of our Neighbours, whilst they "by their mutual jarrs shall, tho' unwillingly largely con- " tribute to our prosperity. " Let us then resolve to be unanimous in Seeking out what is " for our generali Interest at this juncture, Ss both Speedy Ss " resolute in y° accomplishment of it. Nothing being more " commendable in a Sate, then constancie to their resolutions, " & celerity in all their Actions; by the one they disanimate " Ss by the other they prevent the very designes of their " Enemies. " In our Search then after that which may tend to the Inter- " est Ss honour of this Province, I must commend to you, the " removing those obstructions that hinder the trade thereof, this " being the Source & Original of almost all our other mis- " fortunes, for as nothing can more tend to the enriching a " people Ss province, then trade, So nothing can more impovrish " & debilitate it, then those Obstructions that are layd in ye " way of it ; the growth of Amsterdam is only to be attri- " buted to ye trade thereof, Ss that Philadelphia hath grown " to So great a height in less than half the time that this Pro- " vince hath been Settled, is easily to be accounted for: God & " Nature have done their partes in giveing you (I may Say) • " almost an unparalell'd advantage over the last in respect of " Situation, Ss it is not to be question'd but your growth would " be proportionable, would you Sedulously apply your Selves " to the removals of our unhapy hinderances; And in this " give me leave to tell you, that this business well timed & " begun is half ended and if I am not mistaken, we can never " propose 205 " propose to have a more happy juncture, a more critical time " wherein to prosecute to advantage this great affair; Your re- " Solutions & Zealous Espousal of this cause will greatly ad- " vance the main of it & prove a disanimating. circumstance " to your opposers, neither shall I doubt of Success, Since " we are to make our application to those Laws for our relief, " whose chief Minister is so far from wresting them to the " disadvantage of the Subject that he hath given us the most " noble testimonies of a firm reSolution to hazard a life of in- " valuable worth to preserve us from tyranny, &• an arbitrary " construction of them. " Some things are necessary to be consider'd in order to y° " well doing of this work, Justice, as the first mover Ss " efficient facility, as the instrumentes & profit as the final " cause. The first of these hardly admits of a dispute from " our Opposers, It is Excellence in that very proclamation " which Seems to Strike at our trade, giveing the cause away " to us in ascribing the legal Establishment of ports to be in " ye Commissioners of the Customs under the direction of the " Lords of the Trea'ry, which establishment we have an un- " doubted and undeniable proof of, not only in instructions to " that purpose but in their placing an officer to collect the " Kings Revenue, in whose Commission the direction of ye " Lords of the Trea'ry to ye Com'8 of ye Customs per their " warrant is recited: but indeed the Law of Nature Ss " Nations Seems to argue Strongly for our right, it being no " less than imprisoning of us in our habitations, if denyed our " Egress to or our regress from them, & how unreasonable this " must be to be punished when inocent will be evident to " every unbiassed person " Having then justice as the basis & foundation of our " design, tho' we Shou'd be forc'd to wade through Some diffi- " culties for ye obtaining of it, the Profit in ye Conclusion " would abundantly over ballance the charge, but I see no in- '' superable difficulties to contest withall: The path to our " desir'd Port is already trodden Ss none I hope will be so " Slothfull to desist, from the fears of there being a Lion in " ye way. " We have some of us long wished for an opportunity " of trying this contest by a due Course of Law, you " have now Such an opertunity put into your hands, that " if once Slipped may perhaps never be again retrieved, " a Ship Loaden for an Outward bound Voyage against " whom our Enemies themselves cou'd have no pretence, hav- " ing if I err not, three times tryed herin their own Courts, " where 206 where they might justly be said to be both Judges & party & yet too clear evidences of her freedom appeared that con trary to their interest Ss inclination, They were forced to clear her ; Yet this very Ship, loaded with wood and water ¦ William Pinhorne ) The 218 The Bill for declaring the Rights Ss Priviledges of his Ma'ties Subjects &c read, Ss a message ordered to the Lower House to desire a Conference of Some of their members, who may have full Power to amend, alter, eraze out, those things that in this Bill are added or altered, from the amendments agreed on by the former Committee of both Houses, Ss that they bring up the former Bill Sd amendments Ss that Cap' Andrew Bowne & John Royse do carrie the same. The Act for ye restraining Ss punishing Privateers, Sd Pyrates read Sd Signed p. the Govern' Ss Sent to the House of representatives. The Act declaring what persons are disabled to Sit in Assembly read, Ss Ordered that it be read a Second time, M' Hartshorne & M' Burden Sent from the House for a Con ference of a Com'ittee for amendm' of the Bill of rights &c, At said Conference, were, Richard Hartshorne, William Law rance John Pike, John,. Reid Ss Samuel Walker, with Andrew Bowne John Royse Ss William Pinhorne, members of this Board, who agreed on Some further Amendments of the sd Bill of rights Ss priviledges &c A Message by Richard Hartshorne Ss Elias Mackilson, with the Bill about making Town rates &c amended Ss past that House. Adjourned till 2 a Clock afternoon Post meridiem. Present as above Ordered that Mr Royse & Thomas Gordon Clerk of this Board do carry the Bill concerning Town rates past this Board to ye House of representatives, Ss ye Bill concerning Elections &c, also past this Board. A Message by Richard Hartshorne & Andrew Hampton, with Some amendment of the Bill concerning Election of De putyes, which was consented to by this Board. A Message by Richard Hartshorne & Another, wth a Bill concerning the Explaining of a former Act concerning Cap' John Pike and John Pike his Son, which being read here a first & Second time was past this Board. Ordered that Cap' Andrew Bowne Ss Thomas Gordon Clerk of this Board, do carry back ye said Bill concerning John Pike eld'. Sd Jun'. with order to desire ye House to make Some amendments on the said Bill, which the House consented to, & accordingly .the amendments were made in the presence of the said 219 said Cap' Bowne & Thomas Gordon by the Clerk of that House by order of the said House. The whole House of Representatives came before this Board and gave in the Bill of rights, with the Amendments &c past their House, which was read here & past this Board, and they also gave in the Bill for raising 6711 for redressing a force 6f our Neighboring Province, past that House, which was read here & past this Board, & delivered back again to the Speaker, both which Bills, were delivered back to the Speaker, & then was given in an address to his Hon' the Govern' craving his as sistance for redressing the Said Grievance which was also read here &c. The whole House came before this Board, and delivered up all the Laws made this Session &c, being Seven in Number, Ss delivered to the Sec'y who was ordered to cause write four fair copies cf them, viz', one for every County, and to Send them to ye- Several Ss respective Sherriffs of each County to be pub lished with all Expedition, Att a Council held for the General Assembly at Perth Amboy the 15'b day of May 1699 (Cap* Andrew Bowne *Deputy Govern' Cap" John* Bishop I i^Tho: Warne ) Cap' 221 Cap' Andrew Bowne being Elected Deputy Govern' to act in the absence of the Govern', took the Oath usual, in Such cases, viz* : I Andrew Bowne underwritten do Solemnly Swear to bear true allegiance to our Soveraign Lord William the Third of England &c, and to his Successors, and to be true Ss faithfull to ye Interest of the Lords Proprietors of the Province of East New Jersey in America, & to their Heirs Exec"8 Ss Assigns, Ss Shall endeavour the peace and welfare of the Said Province, & shall & will discharge the trust in me reposed as Deputy Govern' of the Said Province, & do equal justice unto all men according to the best of my Skill Ss Judgment without favour or affection. Wittness my hand the 15 th day of May in the Eleventh Year of the Reign of our Soveraign Lord William the Third over England &c King, annoq. D'ni. 1699 Signed Andbew Bowne The Sheriff of ye County of Middx made a return of Lewis Morris to Serve in the present General Assembly for the Town of Perth Amboy, Ss Peter Vannesse for the County of Som- merset in the room of Thomas Codrington, pursuant to a writt und' the Seale of the said Province to him directed The Representatives being met, did come before this Board & acquainted them they were met according to their last ad journm*, & desired to know the pleasure of this Board, Ss then the Deputy Govern' told them he had not much to Say, but if there were any thing they cou'd think of, for the good of the Province, he hop'd they wou'd take it into their Consideration A Message from the House of Representatives to the desire the return of the writt for the Election of one Deputy for Perth Amboy, Ss Another for the County of Somerset, & ac cordingly the Said writ was delivered to Jediah Higgins one of the Said House. A Message from the House of Representatives to acquaint this Board that they had adjourned till 8 a Clock to morrow Morning Ss then this Board Adjourned till 8 a Clock to Morrow Morning At aCouncil held the 16th of May &c Present 'The Deputy Govern' John Royse ) Tho: Warne [¦- Cap' Jn° Bishop ) 222 A Message from the House of Representatives by John Royse & John Hanse, to desire this Board would Send Some of their Members to administer the usual Oath to a member cho sen to Serve in Assembly for the County of Somerset in the room of Thomas Codrington. John Royse Ss Charles Goodman Clark of this Board were Sent to administer the Said Oath, who being returned informed this Board that they had administered the usual Oath to Peter Van Este. A Message from the House of Representatives to acquaint this Board that they had Adjourned till 2 a Clock, Ss then this Board Adjourned till 2 a Clock Post Meridiem Present as above There was Delivered by M' Willoks a Lett' which was read here directed to Cap' Andrew Bowne M' John Royse Mr Tho mas Warne Ss Compa &c in these words. S'8 We are now able (God be thank' d) to treat with you any •way you think fit ; if you had valued either your own or the Welfare of ye Government, your procedures had been more calme, Your day is not yet out, Ss it is yet in your Power to follow the things that make for peace, & if you do not at your door lye the Consequence, Our friends will not Suffer us to be put upon ffarewell May 16 One afternoon ( Lewis Mobeis 1699 ( Geoe. Willoks Ordered that One of the Members of this Board be Sent to de sire a Conference with the House of Representatives thereupon, Accordingly Thomas Warne & the Clark of this Board were Sent, & the whole House of Representatives came before this Board, the Deputy Govern' represented to them that he had received a Lett' from George Willoks & Lewis Morris which was read, & the House of representatives desired time to peruse Ss consider of the Same, which was Sent them by John Royse. The said Lett' was returned to this Board by John Pike & Benjamin Burden members of the House of Representatives. A Message from the House of Representatives by Peter Van Este & Elias Mackeelson desiring that this Board would appoint 223 appoint Some of their Members to meet a Comittee of Seven of their house, to come to .Some reSolution upon the Said Lett', Accordingly Thomas Warne was Sent by this Board to acquaint the House of Representatives, that they were ready to meet the Said Comittee in the Chamber where the Council was held, upon which Richard Hartshorne, Samuel Dennes, Samuel Walker, Benjamin Burden, John Pike, John Treat & Jediah Higgins came to meet the Members of this Board, being Thomas Warne, John Royse Sd John Bishop, Sd there upon the Deputy Govern' withdrew. The Deputy Govern' returning, the Members of this Board who had met the Comittee acquainted this Board that they had agreed that an Act should be prepared to morrow to Sup press any Insurrection, Ordered that a writ of Inquiry be Issued out to the Sherriff of the County of Monmouth to return a Jury upon the riot comitted at Woodbridge Adjourned till 7 a Clock to morrow Morning At a Council held &c the 17th of May Present < ' The Depty Govern' John Royse Cap' John Bishop Tho: Warne A Message from the House of Representatives to acquaint this Board that they had adjourned to two of the Clock, & then this Board Adjourned till 2 a Clock Post Meridiem Present as above Samuel Dennes, Sam" Walker Jediah Higgins & Benjamin Burden were Sent to this Board from the House of Representa tives, to acquaint this Board, that they had considered of the Lett' Sent from Lewis Morris & George Willoks, but did wholy leave it to this Board, Ss desired they would take Such measures as they Should Judge most conducive to the Welfare Ss Safety of the Province A Message from the House of representatives to acquaint this Board that they had Adjourned till 8 to morrow morning, Ss then this Board Adjourned till 8 to morrow morning At 224 At a Council held &c yB 18th of May f The Depty Govern' -d . I John Royse Presentj Tho: Warne < [_ Cap' Jn° Bishop A Message from the House of Representatives by John Bar clay, John Pike, John Williams Ss Crayne to desire a Clonferrence with this Board in order to an Adjournment M' Warne was sent from this Board to the House of Repre sentatives to desire them to appoint a Com'ittee of the said House to conferr with the Depty Govern' & Council upon the matter of the last Message. Thomas Warne returning, acquainted the Board he had delivered the Said Message. A Message by John Williams Ss Benjamin Burden from the House of representatives, to desire that this Board would ap point Some of their members to meet the Said Com'ittee The Deputy Govern' told them they were ready to meet them immediatly. Richard Hartshorne, John Barclay John Treat, John Pike, John Reid Ss M' Harryman, came before this Board. M' Royse acquainted them that the Depty Govern' Ss Council had desired a Comittee to debate the matter of Adjournment with them, Richard Hartshorne told this Board, that they had no order from the House to debate, & desired a Hours time to conferr with the House thereupon, He, John Barclay Ss John Reid withdrew. Richard Hartshorne John Barclay and John Reid returning from the House of Representatives, the Depty Govern' told them now they were met he desired to know the reasons of their proposing an Adjournment. Richard Hartshorne told him that the House of Representatives differed in their Opin ions concerning the money Act &c. After a long Debate and reasons given by this Board ag' the Adjournment the Deputy Govern' desired the Com'ittee im partially to represent what Had been offered by this Board (in answer to their reasons) to the House of Representatives, & that they might hear from them concerning the Same. This Board likewise told the Comittee that if there were any thing in the Act that wanted an Amendment they Should consider of it, Ss this Board would consent thereunto if found reasonable, & then the Comittee of ye House of Representatives returned. Adjourned till 2 a Clock afternoon. Post 225 Post Meridiem Present as above A Message from the House of Representatives to acquaint this Board that they had Adjourned to 8 a Clock to morrow morning, & then this Board Adjourned to 8 a Clock to morrow Morning. At a Counsel held &c y" 19th May {The Depty Govern' Cap' John Bishop John Royse This Board being informed that the Speaker & Several of y" Members of the House of Representatives had departed with out giving notice, thought fit to adjourn till further Occasion, having heard nothing from them Since their Message of Ad journment last night, the Speaker went away early in the morn ing with Seven of the members of the House, Johannes Stin- mates having acquainted the Depty Govern' Ss Council, that he was advised by Some persons to go away with them & they would give him a Bond to Secure him, or Save him harmless. Att a Council held at Perth Amboy for the province of East New Jersey June the 6th 1699 Present ' Cap' Andrew Bowne Depty Govern' Richard Hartshorne Tho: Warne John Royse Cap' John Bishop Sam" Dennes Ordered that an ace' of all the transactions of the Assem bly be drawn up & Sent to the Proprietors in England. Ordered that Mr Gordon be Sent for Ss bring with him a Letter from the Propr's directed to Coll Hamilton Ss Councill &c in 8ber 1697, which was accordingly done, the Dep'? Govern' kept the Lett' Ss gave Mr Gordon a receit for ye Same Ordered that Mr Gordon read the Govern'8 Commission as recorded in the book of Records, which was done. Mr Gordon was ordered to bring his Com'ission for attorney Generali in the afternoon, of which he was desired to leave a Copy, which was also done. - At Bb 226 At a Council &c June 7*" 1699 Present as above A Letter being drawn up pursuant to the above ord' & fairly ingrossed by the Clerk, was Signed by the Council & delivered into the hands of Mr Royse to Send by the first Ss best Conveyance to England. The Deputy Govern' took the Oath for observing the Acts of Trade & Navigation &c, in form following viz' I Doe Solemnly Swear in the presence of Allmighty God that I will do my utmost that all clauses matters Ss things con tained in the Several Acts of Parliament heretofore pass'd Ss now in force relating to trade Sd Navigation, Sd also the Act for preventing frauds Sse made 7th Ss 8th William the third, be punctually Ss bona fide observed according to the true intent Sd meaning of them Sd each of them respectively. So help me God. Mr Royse Mr Warne & M' Dennes present — Ordered that M' Gordon draw Com'issions of the peace for William Looker Ss Henry Norris in the room of Isaac White head & Benjamin Price Jun' for Elizabeth Town Adjourned till further Occasion At a Council held at Perth Amboy for the Province of East New Jersey August the first 1699 ' The Hon'ble Govern' Basse Cap' Andrew Bowne Present -{ Richard Hartshorne John Royse Thomas Warne The Govern' read several Memorials & papers relating to the Proprietors proceedings in England, about the Port of Perth Amboy, which he had received from M' Dockwra by Cap' Jefferys Ordered that a Letter be drawn up & Sent to the Pro prietors, to give them an account of y6 present State of Affairs. Ordered that the Council be Summoned to meet at Amboy the 22th Instant on Earnest Occasion Adjourned till 22 Instant At 227 At a Council held at Perth Amboy for the Province of East New Jersey the 23*b of Aug* 1699 f The Hon'ble Govern' Basse Cap* Andrew Bowne John Royse present ^ Cap* William Lawrance Thomas Warne Richard Hartshorne Samuel Dennes THE GOVERNOUR communicated to the Council Some Letters he had received from England relating to our Port & Goverment. Ordered that the business of Woodbridge, about the Kings Store being robb'd, be prosecuted with all Severity. Ordered that Nathamiel f 'z Randal high Sherriff' of the County of Middx be Sent for to attend this Board, to Shew reason why the Proclamation against the Scots at Cale donia is not published, which was accordingly done. Ordered that the Messenger of this Board be Sent for Mr Gordon the Atturney Generali, to draw up a Proclamation re quiring all persons to Seize & Secure Cap' Kids men if found within the Province, & forbiding any to assist or entertain them, pursuant to an Order from Whitehall of ye 23th of November 1698 Adjourned till 8 to morrow Morning At A Council held Sse the 24th Aug' 1699 The Hon'ble the Govern' Cap' Andrew Bowne John Royse Cap* John Bishop Richard Hartshorne Samuel Dennes Cap' William Lawrance Thomas Warne The Question being put whether M' Gordon was a fit person to be made use of as Attorney Generali, in the case of Morris Ss Willoks upon tryall at the next Court of Common right, 'twas carried in ye Negative ; Ss resolved Another person be employed to prosecute for the King in that behalf The Present < 228 The Letter ordered to be Sent to the Proprietors was drawn up Ss fairly ingrossed by the Clark, & order'd to be Sent by the first Ship under a Cover to S' Thomas Lane. Adjourned till further Occasion At a Councill held at perth Amboy for the province of East New Jersey 23d Apprill i700 Governour Hamilton Sam" Dennes John Bishop Present -{ Sam" Leonard Sam" Hale William Sandford Benjamin Griffith of ye Councill Sse The Governour Ss all ye members of this board, Ss Thomas Gordon the Clerk of this board, took ye Usuall oaths appointed by Law Sse. The Gover' produced here a Letter from Esq' pinhorn, another of Members of ye Councill of this province, wherein he desires his absence may be Excused having been 111 for some weeks past. This Board having been Informed, that some of ye people of Elizabeth Town Ss piscataway are sending home petitions agst y* Goverment Sse, It is Resolved by this board, that ye Councill writt to ye proprietors on y' Subject, And a Letter was written Read Ss approved of, Ss Signed accordingly. Aggreed & Ordered y* writts be Issued out to Such Town ships as have not Chosen Representatives According to ye Late act of generali Assembly. Aggreed & Ordered y' proclamations be Issued out to Con- veen ye generali assembly on ye Last thursday of may Next, according to sd act of gen" assembly. Aggreed y* ye Court of Common Right be adjourned to ye 2d tuesday in Junn next. Charles Goodman Esq', Came before this board, and took y" oaths appointed by Act of parlament in place of ye oaths of alleidgeance Ss Supremacie, Sd an oath to be true & faithfull in ye Execution Ss discharge of ye office of Collector of his Maj*16'8 Customs in ye province of East New Jersey, according to his Com'ssn & Instructions &c. Adjourned till further occasion Att 229, Att a Councill held for ye province of East New Jersey at perth-Amboy ye 30th day of May anno Dom': i700 Present ' Gover' Hamilton William Pinhon Sam" Leonard William Sandford Sam" Hale ^ Benjamin Griffith J- of ye Councill William pinhorn one of ye members of this board took ye usuall oaths appointed by Law &c. The Honble Coll" Andrew Hamilton Governour of this pro vince, did before this board take ye Oaths by vertue of a Dedimus potestatem under ye broad Seal of England, bearing date y6 30*b day of Apprill in ye 9"1 year of his present Maj*ie8 Reign, appointed to be taken by ye Severall acts of parlament of England &c. The house of Representatives being meet, they Came before this board, and Cap* Andrew Bowne said that in obedience to his Ho'' the Governours proclamation, they were Come here, & further said y* at ye desire of ye Rest he was desired to ask his Ho; ye Gover' to know by what authoritie he acted as Governour, Ss y* he had nothing more in Charge save y' one question. Then his ho ; ye Gover' Answered y' true it was y' it had been usuall for ye House of Representatives, To desire a seight of ye Gover'8 Commission, So if y' was what they desired they shonld be satisfied, Ss accordingly ye Gover'8 Commission was Read, and then ye Gover' gave them a full account of all ye Steps y' had been made towards an approbation Sse, and after some [debate they did all with draw &c Adjourned till further occasion Att A Council held at perth Amboy 15th August i700 ' Gover' Hamilton Sam" Dennes Present-/ Sam" Leonard John Bishop Benj Griffith of ye Councill His Ho : ye Gover' proposed to this board y* for prevent ing 230 ing tumults & disorders within this province for ye future, a proclamation may be drawn up Ss published Sse. Ordered y' a proclamation be forth with drawn up, forbid-? ding all his ma:'y8 good subjects to hold any tumultuous or Sedi tious or unlawfull assemblyes or meetings within this Province,& Commanding all Magistrates Ss officers to Suppress all Such, Of ye Councill Sam" Hale Benj* Griffith It being moved to this board, y' Severall of ye proprietors of this Province being in town desired to be present Att ye hearing of M' Willoks make good his Charge Ss Information Agst M' Dockwra, being they are very much Conserned in sd business, wob was Consented to & they were Called in ac cordingly. M' Willoks being Called appeared Ss his Information agst Mr Dockwra being read as followeth Province of To the Honble Coll: Hamilton, Governour East New Jersey Ss Councill of 6d Province The Infoemation oe Geoege Willoks Humbly Sheweth That the proprietors of sd province Residing in & about London, by Commission under their hands and provinciall Seal, have Constituted William Dockwra of sd London Merch' Sec'ry Ss Reg'r' of the aforesd province of EasJ; New Jersey as may appear by ye publick Records of y'e Same. And y° sd office of Secr'y Ss Reg" being a place of great trust to whose Custodie y6 publick Seal, Books of Records, Laws, Instruments, Charters, Patents, Wills, Testaments, Deeds, Ss writtings whatsoever, touching & Concerning yB province in Generali the propr's planters & Inhabitants of ye Same & others in particular. And 235 And whereas ye publick welfeare of ye sd province as well as of private persons Concerned in ye Same very much depend upon ye faithfull discharge of ye office of Secr'y Ss Rg'r & on ye Contrarie by means, Contrivance assistance aid Connivence Or permission of wicked Corrupt Covetous Mali- tious Or mercinarie Officer in y* place, may tend to ye hurt Sd dishonour of the Goverm*, Ss to ye lose detriment or utter ruin of private persons And whereas ye sd wm Dockwra is a person of Evill fame, & hath perpetrated divers unjust & wicked actions, Ss lyeth under no ty or Restraint to obleidge him to a faith full discharge of ye Trust reposed in him, and probably may Embrace any opportunity whereby he may attain his Covetous Corrupt or Malitious ends, Either by himself or Deputy, to Raze viciate falssifie withdraw or destroy the publick Records Instruments or writtings Committed to his Charge, & leave those so Injured w'bout hopes of any futur Remedie ; For preventing of wcb ye sd George Willoks doth Informe your Hon'8 y* sd wm Dockwra is Guilty of yB Enormous actions underwritten ld Hath sent an Instrument under ye Seal of ye sd province, Signed only by himself as Agent, that whatever orders & In structions Should be Sent from him under ye sd Seal Signed as aforesd, be as authentick orders to ye Gover' &c here, as if Signed by ye Major part of all y° propr's of sd province. 2d Hath under his hand 7* this Robt Burnett board would suspend him from his office of David Lyell Chiefe Secretary Ss Reg'r' & from ye perqui- Miles Forster sitts & profitts thereof untill ye propr's in Eng- Tho: Warne jan(j jje a0quainted Ss their minds known there- John Johnston . , . y-. . ^--Lti-iii. John Barclay }n '¦> and Y mY mean time he y* shall be put into sd office may be obleidged to find security for his faithfull discharge of sd office. In answer to wob peti tion, it is ye opinion of this board y' if ye Instrument wch was produced under ye hand of sd Dockwra Ss Seal of ye province be genuin, there Can remain no doubt of y8 Reasonableness of Suspending him, thereby directing ye Records to be defaced, yet being willing to give him an opportunity to make his de fence, wee have f orborn Suspending him, Recomending to ye propr's in England y* unless he make appear y' yB sd Instru ment dated ye 14th Septr i686, be fictitious & false, they dis miss him of y" sd office of Secr'y & Reg'r': The Estates of the Inhabitants & others Conserned being very precarious under ye Custodie of a person Who has made so unjustifiable a step, And in ye mean time, Ordered, that the Records of all publick papers Ss Instruments, be keepib. in ye Custodie of Thomas Gor don, Dd Present ? of ye Councill 242 don, ye present Deput Secretary, untill ye sd Dockwra acquitt himself of ye above Charge. Adjourned till further Occasion Att A Councill held -at perth-Amboy for ye sd province of East New Jersey ye 29th of Aprill anno Dom : 1703. ' Lewis Morris pr' Wm Pinhorn Sam" Dennis John Bishop Wm Sandford Sam" Hale ' Ordered y* a Letter be written to his Excellencie Lord Corn bury, Gover' of new york, acquaintting him w'b ye death of Co" Hamilton Late Governour of this province Sse; which was accordingly done & being Read here was approved of,