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Att a Councill held the 22th Day of March Anno Dni 1683

p''sent

The Dt Governor
Captn Berry
Captn Palmer
Captn Sandford
Benj" Price

of the Counc:

The Bill to Enable the freeholders of this P'yince to p’pose and agree Divers Orders &c being Transcribed as it was sent hence att first to the Deyutyes wth some Additions wch 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 agst R. Vauquellin wch being read it's Ordered, That Robt Vauquellin have notice thereof in Order to the further p'ceedure therein

The Bill agst fugitive Servants & Entertainers of them Sent here from the Deputyes wth Some amendmts wch being read it's agreed and ordered the Bill passe wth the amendmts

The observatons relating to the Bill agt 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 & Benjň Price

Ordered that they acquainte the Deputyes that this board expects a returne of the Deputyes Oaths of Subscripc'on of Allegiance to the king & fidelity to the Lords p’prietors

The Deputyes sent downe the Same and is as followeth

March the first 168

The Deputyes Subscription of Allegiance to the King and fathfullness to the Lords proprietors 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 Interest of the Lords proprietors of this P'vince their heires Executors and Assignes & endeavour the peace and welfare of the said P’vince, And that I will truely and faith fully Discharge

the

the Trusts reposed in me according to my best Skill and Judgmt wthout Corrupc'on favour or affection

Henry Lyon
Benjň Párkis
Ric: Hawthorne
John Bowne
Joseph Parker
John Hannce

Sam” Moore
Samll Dennis
Edw: Slater
John Gillman
Tho: Johnson
John Curtis
Elias Mickellson
Mathewis Cornelis

Elizabeth Towne March the 22th 168

A coppy of the Records of the house of Deputyes p: me Isaac Whitehead Clerk to Depts

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 busynes 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 } of the Counc.
Captn Sandford
BenjPrice

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 wch 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 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 wth amendment of the word sterling and making it lawfull money-ordered that the Same Bill bee signed by the Deputy Governoras, a testimony of our Concurrance

A petic'on presented from the Inhabitantes of Newark wch being read and the Deputyes being here present-It's agreed that a view thereof shalbe in Convenient tyme and the Governor hath declared his willingnes to see those Towne bounds the next month the wether being seasonable and nothing extraordinary 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 wth the provisoe bee sent vp to the Deputyes

A Bill for punishmt 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 and 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

Att a Councill held the 24th of March Anno Dni 168

p'sent The Deputy Governor

Captn Berry
Captn Palmer
Captn Sandford &

of the Counc:

° Benj” Price

Captn Sandford have leave to goe home this moorneing

The Deputyes sent vp here a Bill for the better observacion and keeping holy the first day of the week or Lords Daywch being read the Councill agreed not therewth haveing these exceptions thereto--viz

1st Ther's an Act already that sufficienly p’vides for abstinecy 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 private or pay 5d Every p'son who has not witness of his private 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 day his holy to the Lord_hee has noe profane Dayes, But the holy 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 pferred and Licenciousness 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

18t If the plentiffes writt or Capias expresse not the spetiall Cause of Action, Then the Defendant shall not bee held to speciall Bayle to Answer and pay the Debt and damages de

manded

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 Acc'on and the Debt and damages therein demanded or laid shalbe the sume of pounds or vpwards then the Deft 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 Deft 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 agt 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 wthout speciall order from the CourtThat 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 Judgmts 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 returned niehill or in Case ther shalbe any acc'on of Debt brought vpon the Bond or Recognizance agst the Bayle then if the principall shall come and render himselfe vpon or before the prosses returned served noe further p'ceedings to bee had agst the Bayle.

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