ferr but draw new Bills it may bee thence allowed wthout lymitt & nothing don but p'senting one Bill for another 4 As to the matter of the Bill now sent differing from the Bill sent hence to the Deputyes yesterday. This Bill now sent is defective in these p'ticulars 1st The Bill Insinuates that the p'vince is Indebted and makes out no debt-Nothing appearing to us that the p'vince was indebted but in the Quitt Rents-all other demands appeare not on Record, And it's a maxim in Reason that it's the same thing not to bee as not appeare to bee 2 The Debts ought to be p'ved else the p'vince not to be Charged therwth 3 The Debts ought to be p'ved in a Court of Record that they may there remaine for Justification of Just demands and Impeachmts of Cheates if any bee offered to abuse the publicke 4 A Constable is not made by any Act of Assembly a Court of Record, nor a Judiciall but a ministeriall officer, he Cannot trye any petty Causes, nor has bin thought meet to be a Magistrate but only a minister or Servant in the petty Courts 5 The Deputyes are not a Court of Record destinct from the Governor and Councill, So noe opp'tunity nor Capacity to take p'ofe of such Debts. 6. for the gen'all Assembly to approve of Accompts as Just or not Just debts before proof made or opp'tunity offered for p'sons to proof them, seems verry irregular & agst reason-for wch reasons wee Adhere to the Bill sent vp wth our amendmts yesterday and Concurr not wth this new Bill. Agreed that Captn Palmer and Captn Berry carry vp the same Reasons A Bill read here for the Coroners & Constables Subscripc'ons for faithfull p'formance of their offices read & ordered to be signed and sent vp to the Deputyes by Captn Berry & Benj Price A Message from the Deputyes being an Answer to ors yesterday sent for their Concurrence to 2 Bills before them the Consideration thereof Deferred till afternoone this day A A Message from the Deputyes in writing vizt March 27th 1683 Ordered by this house to send downe two of their Members to the Governor & Councill to acquainte them that the house will wait upon them forthwth in order to an Adjournment of this Assembly. Message brought by Sam Moore & Joseph Parker, A Bill for the office of Coroner and Constable brought vp from the Deputyes in wch the [they] Concurr Ordered that the Bills past by the Governor Councill & Deputyes be Transcribed & sent vnder the seale of the p'vince to every County Vpon debate & Consideration of some tyme of Adjournem1, It's ordered & agreed by mutuall desire and Consent of the Deputyes, That the gen'all Assembly bee Adjourned to the ninth day of May next, & the said gen'all Assembly are Adjourned to the ninth day of May next Then to sett for the publick affaires of this p'vince at Eliz: Towne Att a Councill held the 28th day of March Anno Dni 1683 Agreed & Ordered, That all Com'issions made & granted to the Justices of the Court of Com'on Right and Justices of the peace of all Countyes & to keepe County Courts & Justices to keepe Courts for tryall of petty Causes and all Com'issions for Sheriffes Coroners, Clerkes of the peace & other officers wch are & shalbe Com'issionated by the Councill or order of Councill shalbe made & graunted vnder the seale of the p'vince & signed by the Deputy Governor onely It's agreed & Ordered that Every Clerk appointed for the respective County Courts shall from and after they have made such Subscripc'on as is directed by Act of gen'all Assembley make out writts & p'cesses agst any p'son for any matter or thing, (Criminall Causes excepted) Subscribed by their owne names to appear and Answer to any p'son or matter in the said Courts, And from & after the next Sessions or County Courts they shall signe or subscribe them (By the Court) Whereas Whereas there are severall writeings vnder the hands and Seales of the Earle of Bath, St Edward Atkins &c the Trustees of, St George Carterett Deceased & vnder the hand & seale of the Lady Caterett not onely the Conveyances of this p'vince to the p'sent p'prietors thereof, but also gen'all Com'issions orders and Direc❜ons to Captn Phillip Caterett Late Governor of this p'vince & the then Secretary and Surveyor Gen'all of this p'vince, and the said Governors Councill and also to the Inhabitants of this p'vince wch are not duely Entred on Record as the [they] ought to have bin, but are now in the possession & keeping of the Deputy Governor of this p'vince, And inasmuch as severall thereof are of much Concerne as well to the Inhabitants & planters as to the p'sent p'prietors of this p'vince-It's therefore ordered and Agreed that the Same be duely Entred on Record by the Deputy Secretary to secure and p'petuate the Knowledge thereof and that the like Entryes be made of all late orders Com'issions & direc'ons for the p'sent p❜prietors The Com'ission for the Justices of peace for the County of Bergen sealed and Delivered this day to Captn Berry for safe Conveyance The Com'ission for the Sheriffe and also for the Clerk of the same County Sealed and given alsoe to Captn Berry for safe Conveyance An orig'nall letter from the Earle of Bath & Lady Carterett Dated the 28th of June 1682, directed and sent to Captn Phillip Carterett late Governor-and now brought here by Sam Groome from the hands of Captn Vicars-It's ordered that the said letter with the other writeings & things before menc❜oned bee Recorded, And that the said orig'nall letter bee delivered into the Deputy Governor for Safe keeping thereof Ordered that to the Justices or members nominated for the Court of Com'on Right, Thomas Codrington and Sam11 Wilson be added to make vp the number twelve according to the Act of the gen'all Assembly and Henry Lyon in respect of other office wherein hee is placed is ordered to be excused from this Service The p'sons to heare and Determine Cases in the Respective Courts for small Causes 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 and that Depty Governor make out distinct Com'issions for the Same & seale them by the seale of the p'vince signeing them wth his owne hand, And that the respective p'sons Elect their owne Messinger and Clerke Ordered that a warrt be made and delivered by the Deputy Governor to the Surveyor Generall 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 The 28th Day of the 1mo cald March Anno Dni 1683 This is a True Journal of the p'cedure of the Deputy Governor & Councill to this Day wherein all Matters comeing before them have bin duely Entred and the Minutes of all things [justly expressed] to the best of their knowledg Remembrance & understandinge THO RUDYARD Dt Governor & p'pr JOHN BERRY J PALMER BEN: PRICE Att Att a Councill held at Elizabeth Town according to the former Adjournmt the 9th Day of May Anno Dni 1683 p'sent The Deputy Governor Captn Wm Sandford of the Councill This Day the Court of Com'on Right being held and the Members of the Councill Attending the same as Justices thereof, 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 Captn Wm Sandford Captn Berry Lawrence Andresse & of the Councill Samuel Moore & Nathaniel ffitzrandolph makeing applicac'on here and requesting to have the Administrac'on of 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 Declareing that he dus absolutely renounce all p'tence and Claime to the Adm'istrac'on thereof, It is Therefore 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 ffitzrandolph dureing the minority of the said orphans according to the Due Course of Law, they bringing in here a perfect Inventory or appraismt of the said Intestates Estate to be recorded Agreed and ordered, That the Deputy Governor Issue out his warrt to the Surveyor gen'all to layout for Benj" Price sen' one of the Governors Councill the quantity of 270 Acres of |