George Heathcott and Captn vicars being here p'sent it was inquired of Geo. Heathcott whether hee upon any discourse wth Governor Carteret Deceased, or wth Captn Vicars before the Comeing of the proprietors in this province vizt agt the last winter, Ever tooke and agreed to take the house where the p'sent Governor now lives for winter onely or that the proprietors should come in here as Tents for winter onely George Heathcott affirmes that hee spoke to the late Governor ag the last winter and his words were to him—That hee vnderstood that his father Groom and some other of the proprieto" 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 agt 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 proprietors 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 Heathcott 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 agt 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 Tents 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 Coll Lewis Morris Capt John Palmer Captn Wm Sandford p'pr of the Counc: The The petition of Captn John Palmer and Tho: Codrington here p'sented, weh setts forth that they have formerly had by order of this board A warrant issued out according to Custome for the survey of a Tract of Land belonging to them and their Associates att the Raritan, That the warrt has bin Delivered to the now Surveyor Generall 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 instructed with the proprieto's Intrest here, refused to Consent that the Land should bee laid out to them before hee had reserved to himselfe in his owne name and Ga: Mienvell the 4th p't thereof wch they Conceive was or ought to bee for the proprietors sevenths Captn Palmer wth Drawing 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: Codrington 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 proportions 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 Then was againe Read over the petition of Captn Palmer & Tho: Codrington, And in writeing Captn Berry gave in his sence vizt Governor Carteret having formerly taken taken up farr more Land to his p'ticular than was Due to him by Concessions or grant of the Lds proprietors my sence is that the proprieto's seventh p't ought to bee bee taken out of the ffourth pt of the above sa Land next to the piscataway bounds and the rest to bee Devided amongst the purchasers, Then Sam11 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 Sam11 Groome After a Considerable Debate of the p'misses in Councill the Governor proprietors and Councill came to this Resoluc'on viz-That a warrt 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 pt 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 proprietors Seventh p't of the whole Tract of Land shall bee laid out and taken from and out of the above menc'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 4th 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 Correct the Errors of a Judgmt had agt 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 Judgmt 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 Judgm1 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 wch pap. was as followeth vizt— Whereas Whereas it's publickly knowne that Coll Richard Nicholls, Did by pattent 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 specifiedAnd in as much as the said pattentee's and their Associates hath to this Day by force been p'vented of the peaceable Injoymt planting setling and reapeing the benefitt of the s grant and pattent afores the wre forre wee hope Cannot Deprive us of the benefitt ffreedomes and Im'unities intended vs by the sa Grant but on the Contrary from henceforth Doe Desire and Expect a Removall of the afores force and obstruc'ons of a full and ffree Injoymt of the said pattent or grant wth all it's ffreedomes and Im'unities wch wee finde to bee the mindes of the most of the Towne wth vs, and wch will best tend to a peaceable and loveing settlemt of the Inhabitants of the sd Elizabeth Towne, and soe Doing will oblige vs to p'forme what is required of vs according to the true intent and meaneing of the sa grant and pattent Eliz Towne Augt 3th 1683 by order of the Com'ittee or p'sons ISAAC WHITEHEAD. wch 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 wch he made such grant as is alledged, That then the matters further Alledged may bee taken into Due Considerac'on and such order and agreemt 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 Generall to Survey a Tract of Land mentioned in the s warr lyeing on the Raritan River wch warrt was Delivered to the Surveyor generall and hee refused to yeild obedience thereunto-And Sam" Groome the Surveyor Generall comeing here in Council 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 that the warrt of Survey was neither to Determine The Deputy Governor proposed a matter to the Councill for their Advice-viz-That in Conference wth Sam11 Groom about a Treaty with 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 Sam11 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 paymt but alsoe before any Treaty Contract or Agreemt wth the Natives Agreed and ordered that the grant lately had from the Duke of yorke to the proprietors bee Entered upon Record De Ha pro mo the |