Random History Bytes 116: Brief of Title West New Jersey

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John H. Yates

Last Update: Wed Dec 28 08:11 EST 2022


Random History Bytes 116: Brief of Title West New Jersey
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BRIEF OF TITLE WEST NEW JERSEY.

Discoverer of America 1492, Christopher Columbus.

The Dutch claim New York, New Jersey, &c., under alleged discovery of Henry Hudson in 1609, in the employ of the Dutch Government.

The Swedes made settlements on the Delaware in 1626, in consequence of a proclamation during the reign of Gustaphus Adolphus, approving the West India Company.

In 1648 a pamphlet was published by Sir Edmund Ployden, entitled "A description of the province of New Albion, &c.," including New Jersey, claiming title for the English Government, by virtue of various discoveries under the English flag, taking formal possession, raising the cross, and treaties with the natives, &c.

In 1664 Charles the Second, King of England, granted to his brother James, Duke of York, a territory, including New York, New Jersey, &c. Smith. p. 59, &c.

In the same year, 1664, the Duke of York conveyed to John Lord Berkley and Sir George Carteret the territory now comprising New Jersey. Smith. p. 60.

In 1669 Carteret and Berkley agreed upon concessions, and Carteret, (Philip,) was appointed Governor of New Jersey with power, with the advice of the council, to grant lands to all such as by the concessions were entitled thereunto. Smith. p. 63.

In 1675 Lord Berkley sold and conveyed his half part of New Jersey to John Fenwick in trust for Edward Byllinge and his assigns. Smith, p. 79.

Byllinge conveyed his interest in New Jersey to William Penn, Gawin Lawrie, and Nicholas Lucas, as trustees for the benefit of his creditors. Smith, p. 79.

In 1676 Penn, Lawrie, and Lucas and purchasers, being Proprietors under Lord Berkley, effected a division with Carteret of the province. The trustees and Proprietors and John Fenwick, (who claimed one equal tenth part,) took the western division, which was termed "West New Jersey," and Carteret's part "East New Jersey." p. 80.

In a letter to Richard Hartshorn, of East New Jersey, they state "We have made concessions by ourselves," by which they provided a form of government for the colony, and empowered said Hartshorn, James Hasse and Richard Grey to act for the Proprietors in such a way as instructions would direct for their benefit, and to facilitate settlements. p. 81, &c.

"Concessions and agreements of Proprietors, Freeholders, and Inhabitants of West New Jersey," dated 1676, authorized the appointment of Commissioners "To have power to order and manage the estate and affairs of the said province of West New Jersey," according to the aforesaid concessions, which said Commissioners was authorized "to take care for setting forth and dividing all the lands of said province as be already taken up, or by themselves shall be taken up or contracted for with the natives." Suggesting a plan for the "expedition" of laying out of land "to be planted and settled upon;" and to mark the same in the Register, and upon some of the trees, &c., &c. p. 522. (Appendix,) Smith's History.

In page 523 it is provided in said concessions, cap. 2, that surveyors appointed by the Proprietors or Commissioners (or future Proprietors) may survey all such lands as shall be granted from any of the Proprietors to the freeholders, planters, or inhabitants, and a particular or tenior thereof to certify to the "Register" to be "recorded."

It would appear that provision was thus made for surveying, returning and recording lands, by the Register. to individuals as early as 1676.

In 1677 Thomas Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsmley, Robert Stacy, Benjamin Scott, Richard Gray and Thomas Foulk, were appointed Commissioners, pursuant to the concessions. Smith's History. p. 92.

They came in the ship Kent, (Gregory Marlow, master) except Gray, who was here. Commenced their labors, purchasing lands of the Indians, and discharging their other duties. Laid out the city of Burlington, &c. p. 98.

The government of West New Jersey appears to have been conducted by the aforesaid Commissioners, and their successors, from 1677 to 1680, when Byllynge was made Governor, who appointed Samuel Jennings, his Deputy, who called an Assembly, and passed several laws, among them "the method of regulating land afiairs." For this purpose, Commissioners were appointed as follows: Samuel Jennings, Governor; Thomas Olive, Robert Stacy, Thomas Budd, Daniel Wills, Thomas Gardener and Benjamin Scott, who were authorized to lay out and survey land, and return surveys thereof to the new Court, held at Burlington, to be registered by order of said Court. p. 135, 1681.

In 1688 the Proprietors changed their system of laying out and surveying lands. Instead of Commissioners appointed by the Legislature, the Proprietors decided to elect nine of their number to act on behalf of the whole, to survey for one year, as Commissioners and Trustees, since termed the Council of Proprietors, and under that name had succession unto the present time.

The records of this body in regard to the laying out of lands belonging to the Proprietors, should be found in the office of the Surveyor General, at Burlington, West New Jersey.

But locations between 1677 and 1688, eleven years, must be sought for mostly elsewhere. It appears a registry was provided for, but where it may be found is the difficulty with me.

It appears in page 204 that John Skene, Deputy Governor for the dominion and territory of New Jersey, was authorized to receive the records, rolls and papers, from Thomas Revel and John Reading. They applied to the Council of Proprietors, who directed that the records relating to government might be delivered; but such as related to lands not to be delivered.

It appears, however, from page 266 (Smith), that a warrant was served upon Thomas Revel and John Reading, to compel a delivery of all records, rolls, &c. Whether this demand was complied with or not, I have not learned. The Council still refusing their consent.

Councils answer to Lord Cornbury, in p. 286, showing the forming of the Councils of Proprietors.

In the controversy between Cornbury and the State Legislature, it appears he obtained the land records of East Jersey, and had them delivered to Peter Soumans, an Englishman, lately arrived, and perhaps he also received the records of West New Jersey, as demanded. pp. 324, 330.

In a memorial of the West Jersey Proprietors in England to the "Lord's Commissioners for Trade and Plantations," complaining of the conduct of Cornbury, Governor of New Jersey, they charge, page 342, that he has ordered all public books, records and papers delivered by our late secretary to Mr. Bass, our great debtor, and therefore our avowed enemy, and has carried our record of deeds and conveyances out of the province. By this method the Proprietors of both divisions are deprived of all means to justify their past administration of the evidences of their grants of land to the purchasers under them (all the surveys and patents being recorded in those books); "and will destroy the office of our register, or at least will disable him to perform his duty in some cases, which by acts of General Assembly he is obliged to do." Query - were these records ever returned?

RECAPITULATION.

In 1606 King James, of England, granted an extensive territory, including New Jersey, to Walter Raleigh.

The Dutch claim to have discovered New Jersey in 1609, and to have settled in New York in 1614, in 1623 built a fort on the Delaware, in New Jersey, and took possession.

In 1627 the Swedes and Finns made claims upon New Jersey, and took possession, made settlements upon the Delaware, and exercised government until 1655, a period of twenty-eight years. The Dutch now being in the ascendant, assumed the exclusive government until 1664, a period of nine years, when the English, under the authority of James, Duke of York, conquered the Dutch and exercised government, but for a short term - three months and three days - for in the same year the Duke of York granted New Jersey to John Lord Berkley and Sir George Carteret, p. 60.

Berkley and Cartaret exercised government and promoted settlements until 1675, a period of eleven years, when Berkley sold his undivided half part to John Fenwick, in trust for Edward Byllnyge and his assigns.

In the same year, 1675, Fenwick and emigrants took possession and exercised government in Salem, on the Delaware, p.79. , Byllynge made an assignment of his interests to William Penn, Gawen Lawrie and Nicholas Lucas as trustees, who effected a division with Carteret, and in 1676 granted to settlers a form of government, &c., appointed commissioners to locate (1681) lands, &c., who acted for three years, when the power for locating lands was exercised by the Legislature, returns to be made to Burlington court and registered. This system lasted seven years, to 1688, when a Council of the Proprietors was established, which continues to the present time.

In 1674 Governor Andros issued a proclamation on behalf of the Duke of York, confirming all titles under former governments, pp. 77-8.

RECAPITULATION OF GOVERNMENT.

Swedes from 1627 to 1655 - 28 years. Records of titles to land. Query. Dutch from 1655 to 1664 - 9 years. Records to title of lands. Query. Berkley and Cartaret from 1664 to 1675 - 11 years. Sec. to record grants of land, p.542. Berkley one-half part to John Fenwick in trust - held one year. Record. Query. Penn, Lawrie and Lucas, trustees and proprieters, from 1677 to 1681 - 3 years. Record by Register, p. 523. West Jersey Legislature from 1681 to 1688 - 7 years. Record in Burlington Court, p. 135. Council of Proprietors from 1688 to present time. Records in Surv. Gen. office, 198.

It would seem that for the West Jersey records of land located from 1676 to 1688, a period of twelve years, we must rely upon the Registry appointed aforesaid. In page 198, Smith's History of New Jersey, I find quoted Revels' Book B, in Secretary of State's office. There must have been a Book A. Query: Is there more than one book in Secretary of State's office at Trenton?

In the Memorial of West Jersey Proprietors pp. 341-2, &c., of Smith's History it would appear that Bass was at one time Secretary - his book in Secretary's ofiice at Trenton, as well as Revels', were by authority. I refer particularly to the Memorial, and to views as to the records suggested by it.

Records - Revels, 2 books; Bass, 1 book, Trenton; Burlington court records, and Council of Proprietors - from 1676 to present time.

CHARLES STOKES.

7TH Mo., 13TH, 1878.

P.S. - The Registry from 1676 to 1688 is of great importance. Is it in the office of Secretary of State, or elsewhere in America?

C.S.

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Stokes, Charles, Proceedings, Constitution, By-Laws, List of Members, &c., of the Surveyors' Association of West New Jersey (Camden, NJ: S. Chew, Printer, 1880), 115-118.
This article was a submitted paper for publication in the above named Proceedings.