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of the said government, as also for the publick benefit and advantage of the said people and Province."

But the most extraordinary part of the concessions is that found in the XVI clause, which reads as follows:

"That no men, nor number of men upon earth, hath power or authority to rule over men's consciences in religious matters, therefore it is consented, agreed and ordained, that no person or persons whatsoever within the said Province, at any time or times hereafter, shall be any ways upon any pretence whatsoever, called in question, or in the least punished or hurt, either in person, estate, or priviledge, for the sake of his opinion, judgment, faith, or worship towards God in matters of religion. But that all and every such person and persons, may from time to time and at all times, freely and fully have, and enjoy his and their judgments, and the exercises of their consciences in matters of religious worship throughout all the said Province."

This clause rings with the true spirit of toleration, and there can be no possible doubt of its meaning. The Quakers who published these concessions to the world challenged the views and antagonized the action of the great majority of Christendom. Less than a century had elapsed since all Europe had been convulsed with war fought for toleration and the right had not always been successful. Fifty years. before Gustavus Adolphus fell a martyr for religious toleration. Baptists and Quakers were still whipped and hung in New England, and the Dissenters were driven from Old England. The Edict of Nantes had not yet been revoked and the true principles of religious freedom was not understood except by a very few. William the Silent had proclaimed it as a right inherent to humanity, but the declaration had cost him his life.

It remained for these Friends, simple minded, but wiser than their day and generation, to announce this grand truth, then so little known or appreciated, with an intensity of purpose which fully evinced that they were determined that the settier on the virgin soil of New Jersey should be protected at all times and at all hazards, in this inestimable right.

These are some of the important matters contained in the "Concessions and Agreements." There were many other minor provisions, but these quotations give full evidence of the wisdom of the Proprietors and their desire to provide for the very best interests of the people of their province.

To keep them constantly before the people, it was provided “that these Concessions, law or great charter of fundamentals, be recorded in a fair table, in the Assembly House and that they be read at the beginning and dissolving of every general free Assembly: And it is further agreed and ordained, that the said Concessions, common law, or great charter of fundamentals, be writ in fair tables, in every common hall of justice, within this Province, and that they be read in solemn manner four times every year, in the presence of the people, by the Chief Magistrate of those places."

The first Legislature of West New Jersey convened at Burlington, on the 21st day of "the 9th month, called November 1681" and continued in session until the 28th day of the same month. "On the 15th day of the eleven month, called January, 1681," according to the mode of computing time then in vogue, but in what would now be called January, the first month of the year 1682, Samuel Jenings, the Deputy Governor, approved the acts passed at this session. In the "Concessions" the Legislature is called "The General Free Assembly" and was composed of the Governor, or his Deputy and Council and representatives elected by the inhabitants of the "tenths" into which the Province was divided. This Legislature must have been called together by Jenings acting as Deputy Governor. He had been appointed such Deputy by Edward Billinge. This man, Billinge, was a brewer residing at London, and had been an officer in Cromwell's army. He had an interest in the purchase of West New Jersey, as appears by the "Quintipartite Deed," but the amount of it was uncertain and in dispute. Lord Berkeley had become dissatisfied with the pecuniary profits of his colonization scheme and had sold his moiety in New Jersey to John Fenwicke, but Edward Billinge was the real buyer. This dispute was referred to William Penn as arbitrator, who decided that Fenwicke was entitled to one-tenth and that the balance of Billinge's interest should be held for the benefit of his creditors. Penn's arbitrament was deemed satisfactory by all, or, at least, was acquiesced in. Billinge had become insolvent and his interest in the province was conveyed to trustees, in trust for the payment of his debts. He was appointed Governor, however, of West Jersey and deputed Jenings, who resided there, to act for him.

On the 25th day of November, 1681, with considerable form and ceremony, and with due solemnity, the Legislature made certain proposals to the Governor, in the shape of what they called "Fundamen

tals." It would seem from the reading of the "Concessions and Agree ments," that every possible right which could be claimed by the citizens of the new province was protected by that remarkable document. and that the people were guarded from any interference in the exercise of their privileges. But, judging by their action, the Assembly thought it necessary to further protect and guard and they made the acceptance of Jenings, as deputy governor, dependent upon the direct compliance by the Governor with the demands made in these Fundamentals. The intention of the Legislature doubtless was to limit the power of the Governor and so restrain him that by no possibility could he interfere with any rights of the people. In these modern times, these "Fundamentals" would be called a "Bill of Rights." They were remarkable for two characteristics: First, their negative character. There were ten clauses, seven of which declared what the Governor should not do, and the other three, what should be done. Second: the language used in the Preamble: "The Governor and Proprietors, freeholders and inhabitants of West New Jersey, by mutual consent and agreement, for the prevention of innovasion and oppression, either upon us or our posterity, and for the preservation of the peace and tranquility of the same; and that all may be encouraged to go on chearfully in their several places; We do make and constitute these our agreements to be as fundamentals to us and our posterity, to be held inviolable, and that no person or persons whatsoever, shall or may make void or disanul the same upon any pretence whatsoever." The following are the ten clauses of these "Fundamentals" which follow. the Preamble already quoted:

"I. That there should be a General Free Assembly for the province aforesaid, yearly and every year, at a day certain, chosen by the free people of the said province, whereon all the representatives from the said Province, shall be summoned to appear, to consider of the affairs of the said Province, and to make and ordain such acts, and laws, as shall be requisite and necessary for the good government and prosperity of the free people of the said Province; and (if necessity shall require) the Governor for the time being with the consent of his Council, may and shall issue out writts to convene the Assembly sooner, to consider and answer the necessities of the people of the said Province."

"II. That the Governor of the Province aforesaid, his heirs or successors for the time being, shall not suspend or defer the signing sealing and confirming of such acts and laws as the General Assembly (from

time to time to be elected by the free people of the Province aforesaid) shall make or act for the securing of the liberties and properties of the said free people of the Province aforesaid."

"III. That it shall not be lawful for the Governor of the said Province, his heirs or successors for the time being, and Council, or any of them, at any time or times hereafter, to make or raise war upon any accounts or pretence whatsoever, or to raise any military forces within the Province aforesaid, without the consent and act of the General Free Assembly for the time being."

"IV. That it shall not be lawful for the Governor of the said Province, his heirs or successors for the time being, and Council, or any of them, at any time or times hereafter, to make or enact any law or laws for the said Province, without the consent, act and concurrence of the General Assembly; and if the Governor for the time being, his heirs or successors and Council, or any of them shall attempt to make or enact any such law or laws of him or themselves without the consent, act and concurrence of the General Assembly; that from thenceforth, he, they, or so many of them as shall be guilty thereof, shall, upon legal conviction, be deemed and taken for enemies to the free people of the said Province; and such act so attempted to be made, to be of no force." "V. That the General Free Assembly from time to time to be chosen as aforesaid, as the representatives of the people, shall not be prorogued or dissolved (before the expirance of one whole year, to commence from the day of their election) without their own free consent."

"VI. That it shall not be lawful for the Governor of the said Province, his heirs or successors for the time being, and Council, or any of them, to levy or raise any sum or sums of money, or any other tax whatsoever, without the act, consent and concurrence of the General Free Assembly."

"VII. That all officers of State, or trust, relating to the said Province, shall be nominated and elected by the General Free Assembly for the time being, or by their appointment; which officer and officers shall be accountable to the General Free Assembly, or to such as the said Assembly shall appoint."

"VIII. That the Governor of the Province aforesaid, his heirs or successors for the time being, or any of them, shall not send ambassadors or make treaties, or enter into an alliance upon the publick account

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of the said Province, without the consent of the said General Free Assembly."

"IX. That no General Free Assembly hereafter to be chosen by the free people of the Province aforesaid, shall give to the Governor of the said Province for the time being, his heirs or successors, any tax, or custom for a longer time than for one whole year.

"X. That liberty of conscience in matters of faith and worship towards God, shall be granted to all people within the Province aforesaid; who shall live peaceably and quietly therein; and that none of the free people of the said Province, shall be rendered uncapable of office in respect of their faith and worship."

"Upon the Governors acceptance and performance of the proposals herein before expressed, we the General Free Assembly Proprietors and Freeholders of the Province of West New Jersey aforesaid, do accept and receive Samuel Jenings as Deputy Governor."

"In testimony whereof I have hereunto put my hand and seal, the day and year above written."

"SAMUEL JENINGS, Deputy Governor." "THOMAS OLLIVE, Speaker, to the General Free Assembly per order and in the name of the whole Assembly."

It will be noticed that by the terms of the "Fundamentals" the Legislature refused to accept Jenings as Deputy Governor, unless the Governor himself agreed to the proposals contained in them. The Governor did agree to them, Jennings was accepted Deputy Governor by the Legislature and continued to hold that position until 1684, when Thomas Ollive, who was Speaker of the first Legislature became Gov

ernor.

Thomas Ollive was one of the leading men of the new province, held in the highest esteem by all the inhabitants and was unanimously elected Speaker of the Legislature for several years. He was a Quaker, of the people, a plain farmer, of excellent good sense, of sound judg ment and possessing an intuitive discrimination between right and wrong. His advice was universally sought and his services as arbitrator and judge, to decide matters of difference between his fellow citizens, eagerly solicited. His meadow, or field, was often his court room; parties would visit him as he was ploughing or engaged in cultivating his farm, state their cases to him; if necessary, produce their witnesses and, seated upon a stump, he would give judgment on the spot without the assistance of jury or counsel. So much deference was

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