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were confirmed separately in their holdings and in their privileges as citizens. There is no record, so far as can be ascertained, that the settlers in Bergen county were required to take the oath; presumably, because the authorities believed that as they were of Dutch blood, they were so attached to their native country as not to require that ceremony to secure their loyalty. An assembly met on the 18th of November, 1673, at Elizabeth Town, where a code of laws was promulgated "By the Schout and Magistrates of 1 Achter Kol, Assembly held at Elizabeth Town to make laws and orders." This code was intended to govern the province of New Jersey and superseded all English laws which had been passed for that purpose. It was exceedingly mild, certainly, in one respect, namely, the character of the punishments for crimes. It reflected great credit on the authority which passed it, as it made strong efforts to provide for the morality of the communities and for their regulation in such matters as were for their best interests in the very beginning of their history. Religion was not forgotten; the observance of the Christian Sabbath; the providing for ministers. of the gospel and the erection of churches were considered of prime importance and received due consideration. In less than a year after war was declared, the peace of Westminster was signed by the commissioners of the belligerents. New Netherlands was restored to England and the country continued in her possession until the Revolution of 1776, when New York and New Jersey, following the fortunes of the other rebellious colonies, renounced their allegiance to the English crown, became free and independent, and materially aided in founding the great Republic.

It will be remembered that the deed to the Duke of York from his royal brother was made in March, 1663-64, and for a very indefinitely described country. Even before the duke had obtained possession of the land really claimed by him under the grant from the king; even before the fleet which his brother had sent to America to aid him in dispossessing the Dutch had reached New Amsterdam, he made a convevance by the way of lease and release to Lord Berkeley and Sir George Carteret of a portion of his domain. The lease is not copied here, as it is not deemed important for present purposes. It was in the ordinary form of a lease used in those days, dated the day prior to

Dr. Hatfield, in his excellent history of Elizabeth, makes the strange mistake of calling Newark Bay "Achter Koll." There can be no possible doubt that by that term the Dutch intended to name the whole province of New Jersey.

that of the release, was given for the term of one year and for the rent of a "peper corn.' But the release is important, as it is the foundation of titles to land in New Jersey, is very often referred to in the legal literature of the State, and gave rise to much discussion and some controversy in the courts, and was as follows: "THIS INDENTURE made the four and Twentieth Day of June, in the Sixteenth Year of the Reign of our Sovereign Lord, CHARLES the Second by the Grace of God of England, Scotland, France and Ireland, KING Defender of the Faith, &c. Annoq. Domini, 1664, Between His Royal Highness, JAMES Duke of York, and Albany, Earl of Ulster, Lord High Admiral of England, and Ireland, Constable of Dover-Castle, Lord Warden of the Cinque-Ports, and Governor of Portsmouth, of the one part: John Lord Berkeley, Baron of Stratton, and one of His Majesty's most Honourable Privy Council, and Sir GEORGE CARTERET of Saltrum in the County of Devon, Knight and one of His Majesty's most Honourable Privy Council, of the other Part: Whereas his said Majesty King CHARLES the Second, by his Letters Patent under the Great Seal of England, bearing Date on or about the Twelfth Day of March, in the Sixteenth Year of his said Majesty's Reign, did for the consideration therein mentioned, give and grant unto his said Royal Highness JAMES Duke of York, his Heirs and Assigns all that part of the Main Land of New-England, beginning at a certain Place called or known by the Name of St. Croix next adjoining to New-Scotland in America; and from thence extending along the Sea Coast unto a certain Place called Pemaquie or Pemaquid, and so by the River thereof to the furthest head of the same as it tendeth Northward; and extending from thence to the River of Kinebeque, and so upwards by the shortest Course to the River Canady Northwards; and also all that Island or Islands commonly called by the several Name or Names of Matowacks or Long Isl and, situate and being towards the West of Cape Codd and the Narrow Highansetts, abutting upon the main Land between the two Rivers there, called or known by the several Names of Connecticutt, and Hudson's-River; together also with the said River called Hudson's-River and all the land from the west side of Connecticutt to the east side of Delaware Bay: And also several other Islands and Lands in the said Letters Pattents mentioned, together with the Rivers, Harbours, Mines, Minerals, Quaries, Woods, Marshes, Waters, Lakes, Fishing, Hawkings, Huntings and Fowling, and all other Royalties, Proffits, Commodities and Hereditaments to the said several Islands,

Lands and Premises belonging and appertaining, TO HAVE and TO HOLD the said Lands, Islands, Hereditaments and Premises with their and every of their Appurtenances, unto his said Royal Highness JAMES Duke of York, his Heirs and Assigns forever; To be holden of his said Majesty, his Heirs and Successors as of the Manner of EastGreenwich in the County of Kent, in free and common Soccage, yielding and rendering unto his said Majesty his Heirs and Successors of and for the same, Yearly and every Year, forty Beaver Skins, when they shall be demanded, or within Ninety Days after; with divers other Grants, Clauses, Provisos, and Agreements, in the said recited Letters Patents contain'd, as by the said Letters Patents, relation being thereunto had, it doth and may more plainly and at large appear. Now this Indenture Witnesseth, that his said Royal Highness JAMES Duke of York, for and in consideration of a competent sum of good and lawful Money of England to his said Royal Highness JAMES Duke of York in Hand paid by the said JOHN LORD BERKELEY and SIR GEORGE CARTERET, before the Sealing and Delivery of these presents, the Receipt whereof the said JAMES Duke of York, doth hereby acknowledge, and therefore doth acquit and discharge the said JOHN LORD BERKELEY and SIR GEORGE CARTERET forever by these Presents, hath granted, bargained, sold, released and confirmed and by these Presents, doth grant, bargain, sell, release and confirm unto the said JOHN LORD BERKELEY and SIR GEORGE CARTERET, their Heirs and Assigns forever, All that Tract of Land adjacent to New-England, and lying and being to the Westward of Long Island, and Manhitas Island, and bounded on the East apart by the main Sea, and part by Hudson's-River, and hath upon the West Delaware Bay or River, and extendeth Southward to the Main Ocean as far as Cape-May at the mouth of Delaware Bay; and to the Northward as far as the Northermost Branch of the said Bay or River of Delaware which is forty-one Degrees and forty Minutes of Latitude, and crosseth over thence in a strait Line to Hudson's-River in forty-one Degrees of Latitude; which said Tract of Land is hereafter to be called by the Name or Names of New Ceaserea or New Jersey: And also all Rivers, Mines, Mineralls, Woods, Fishings, Hawking, Hunting, and Fowling, and all other Royaities, Proffits, Commodities, and Hereditaments whatsoever, to the said Lands and Premises belonging or in any wise appertaining; with their and every of their appurtenances, in as full and ample manner as the same is granted to the said Duke of York by the before recited Letters Patent; and all the

Estate, Right, Title, Interest, Benefit, Advantage, Claim and Demand of the said JAMES Duke of York, of in or to the said and Premises or any Part or Parcel thereof, and the Reversion and Reversions, Remainder and Remainders thereof; All which said Tract of Land and Premises were by Indenture, bearing Date the Day before the Date hereof, bargain'd and sold by the said JAMES Duke of York, unto the said JOHN LORD BERKELEY and SIR GEORGE CARTERET, for the Term of One whole Year to Commence from the first Day of May last past, before the date thereof, under the Rent of a Peper Corn, payable as therein. is mentioned as by the said Deed more plainly may appear: By Force and Virtue of which said Indenture of Bargain and Sale, and of the Statute for transferring of uses into Possession, the said JOHN LORD BERKELEY and SIR GEORGE CARTERET, are in actual Possession of the said Tract of Land and Premises, and enabled to take a Grant and Release thereof, the said Lease being made to that end and purpose, TO HAVE AND TO HOLD all and singular the said Tract of Land and Premises, with their, and every of their Appurtenances, and every part and parcel thereof, unto the said JOHN LORD BERKELEY and SIR GEORGE CARTERET, their Heirs and Assigns for ever, to the only use and behoof of the said JOHN LORD BERKELEY and SIR GEORGE CARTERET their Heirs and Assigns for ever; Yielding and rendering therefore unto the said JAMES Duke of York, his Heirs and Assigns, for the said Tract of Land and Premises, Yearly and every Year the sum of Twenty Nobles of lawful money of England, if the same shall be lawfully Demanded at or in the Inner Temple Hall London, at the Feast of St. Michael the Arch Angel yearly. And the said JOHN LORD BERKELEY and SIR GEORGE CARTERET for themselves and their Heirs, covenant and grant to and with the said JAMES Duke of York, his Heirs and Assigns by these Presents, that they said JOHN LORD BERKELEY and SIR GEORGE CARTERET, their Heirs and Assigns, shall and will well and truly pay or cause to be paid unto the said JAMES Duke of York, his Heirs and Assigns, the said Yearly Rent of Twenty Nobles at such Time and Place, and in such manner and form as before in these Presents is expressed and delivered. IN WITNESS whereof the Parties aforesaid to these Presents have inter-changeably set their Hands and Seals, the Day and Year first above Written.

Sign'd, Seal'd and deliver'd

in the Presence of

WILLIAM COVENRYE,
THOMAS HEYWOOD."

JAMES.

There was a distinction between the form of the deed to the Duke of York and that to Lord Berkeley and Sir George Carteret. In the one case it assumed the form of an absolute, indefeasible conveyance in fee simple, with all the technicalities then known to the English law necessary to convey a fee simple; in the other case it took that peculiar form known to English conveyancers, never recognized in New Jersey, certainly not since colonial days, called "Lease and Release." This was an invention of British lawyers, made after the passage of the statute of uses, and was accomplished in this wise: A lease was made by the seller to the purchaser of the premises sold, for a term, generally of one year, or a bargain and sale for the same, or some other term, with a reservation of rent, which might be nominal; then, on some day, generally the next one after the date of the lease, a release was executed by the lessor, who, of course, must be the owner, to the lessee, with granting words sufficient to convey a fee. The grantee of the release being the lessee and in possession under his lease, or presumed so to be, was vested with a full estate in fee in the land released, and this precluded the necessity of "livery of seizin," or of actual delivery of possession in person. This method of conveying land became a favorite one with English conveyancers and obtained so strong a hold upon lawyers and courts that the practice could not be shaken, although, at first, some good counsel doubted its efficiency.

For the first time in history the name, New Jersey, was applied to a portion of the earth's domain; the country so denominated now became, in some respects, a distinct province, but not yet independent of New York; for a few months, Colonel Nicolls was governor of the two provinces. The name was given in honor of Sir George Carteret, who had been an intense royalist during the civil war between Charles I and the English Parliament, and who had gallantly defended the Island of Jersey for the king against the rebel army sent to reduce it. He had been a naval officer and had attained a high standing in his profession. Through the influence of the Duke of Buckingham, he had been appointed joint governor of the Island of Jersey. On the breaking out of the Civil war he held the position of comptroller in the navy. He was greatly esteemed by all parties and would have been appointed vice-admiral in the navy, under the Parliament, had he not obeyed the orders of Charles I, who expressly forbade his acceptance of the appointment. Being thus deprived, by the action of the king, from serving in the navy, he retired with his family to Jersey, but soon returned to

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