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whose duty it was to warn the citizens to attend these meetings, and fines were imposed for non-attendance by those whose duty it was to be present. Their ministers were called; their salaries fixed; their schoolmasters were selected and their compensation arranged; the erection of church edifices and of school houses was discussed and plans adopted for their erection, at these meetings. At the very first one of these assemblies, held October 30, 1666, a record was made of these utterances:
"Item, it is fully agreed that every Man that comes to be admitted an Inhabitant with us, shall first produce and bring a certificate from the Chief of the Place from whence he comes unless the Town be upon their Knowledge satisfied in and about the Good Carriage and Behavior of them otherwise; then it is agreed upon by a full Vote of the Town assembled, that all and every Man that comes to be received ... an Inhabitant in our Town on Passaick River, shall first subscribe his Name and declare his assent with the rest of the Town, to all and every one of our fundamental agreements on the other side recorded and here following agreed upon, viz.: That it is fully and unanimously agreed upon as a Condition upon the which every one doth reckon and hold his Lands and accommodations in the Town, viz.: that they will from Time to Time pay or cause to be paid yearly in their full Proportions equally, to the Maintainance & allowance agreed upon for the upholding of the settled Ministry and preaching of the word in our Town, and that was agreed upon before any Division of Land was laid out except Home Lotts—and Eighty Pounds per the year was agreed on and allowed for the present Minister."
"Item, it is agreed upon, that in case any shall come into us or arise up amongst us that shall willingly or wilfully disturb us in our Peace and Settlements, and especially that would subvert us from the true Religion and worship of God, and cannot or will not keep their opinions to themselves or be reclaimed after due Time and means of Conviction and reclaiming hath been used; it is unanimously agreed upon and Consented unto us a fundamental Agreement and Order, that all and Persons so ill disposed and affected shall after Notice given them from the Town quietly depart the Place Seasonably, the Town allowing them valuable Considerations for their Lands or Houses as Indifferent Men shall price them, or else leave them to make the best of them to any Man the Town shall approve of."
"Item, it was ordered and agreed upon, in Case of changes of Lands or any kind of obligation whatsoever by Gift, Sale, Exchange or otherwise that any new Inhabitant shall arrive or come into Town to inhabit with us; it is agreed and ordered that he or they from Time to Time shall in all respects subscribe and enter into the same engagements as his Predecessors or the rest of the Town have done, before he or they can or shall be accounted Legal Inhabitants in our Town, or have . . . Title to their Lands or Possession therein."
"Item, it is solemnly consented unto and agreed by all the Planters & Inhabitants of the Town of Newark from their settling together at first, and again publickly renewed as their joint Covenant one with another, that they will from Time to Time all submit one to another to be lead, ruled and governed by such Magistrates and Rulers in the Town, as shall be annually chosen by the Friends from among themselves, with such orders and Law whilst they are settled here by themselves as they had in the Place from whence they came, under such Penalties as the Magistrates upon the Nature of the offence shall determine."
Special attention has been given to the history of Newark, not only because that city is the largest and most influential in the State, but, also, because of its exceptional origin, of the peculiar character of its first settlers and of the dominance which these first settlers and their descendants obtained over the civil and judicial interests of the province and State. Before the seventeenth century these energetic men sent forth colonies which founded the towns and villages in their neighborhood. They went towards the mountain and settled in the localities afterwards known as the Oranges, Bloomfield, Montclair, Irvington and other places In the beginning of the eighteenth century, they crossed the Passaic, went over into Morris county and extended themselves, before the first half of the century had passed, into the central part of that county. Wherever they went, they made themselves felt in all religious, governmental and judicial affairs.
The rise of the most, if not all the other large towns and cities of the State was at so late a period that they have not exercised a moulding influence on its governmental policy.
Copy of Commission of Nicholls, as Governor; Effect of his Commission; Proclamation by Nicholls; Application by Six Inhabitants of Jamaica for Liberty to Buy Land upon which to Settle in New Jersey; Terms of Proclamation Issued by Nicholls; Deed by Indian Sachems; Extract from Deed by Nicholls; Indian Title to John Baker and Others; Monmouth Grant or Patent; Copy of Monmouth Patent; Description of Country Conveyed by that Grant; Title to Lands in New Jersey; Indian Title; Dutch Title; Title from Governor Nicholls; Title from the Lords Proprietors; Crown Lands; Title from the King; Right of Sovereignty Claimed and Exercised by Lords Proprietors; Charles II's new Grant to York; Lease and Release to Sir George Carteret for East Jersey; Directions, etc., of Carteret; New Commission as Governor of East Jersey to Philip Carteret; Copy of Commission to Philip Carteret; Treatment of Indians by First Colonists of New Jersey; Deed of Berkeley to John Fenwick and by Fenwick to Penn and Others; Quintipartite Deed; Division into East Jersey and West Jersey; In New Grant Berkeley's Name not Mentioned, nor that of his Assignees; Deed to Fenwick Mentioned in Quintipartite Deed; Fenwick Conveyed to William Penn and Others; Edward Billinge; Tripartite Deed Executed by John Fenwick, Edward Billinge, William Penn and Others; Tripartite Deed Vests Kast Jersey in Sir George Carteret and West Jersey in William Penn and his Associates; Some Landholders Deny the Title of Carteret and Penn; Question as to Berkeley's Title; Edmund Andross, Governor; Berkeley and Carteret Act in Concert; Charles II Recognizes Carteret's Title; Andross Issues Proclamation Affirming Prior Grants; Andross Claims Authority over New Jersey, Imprisons John Fenwick and Arrests Governor Carteret; His Acts Repudiated by York; Condition of Titles to Land in New Jersey; Mode of Obtaining Title.
It will be remembered that the grant made by Charles II to his brother James, Duke of York, was dated the 12th day of March, 1664, and that on the 2d day of April of the same year, the Duke commissioned Col. Richard Nicholls, governor of the whole domain thus granted. The commission accompanying the appointment of Nicholls is important in the history of New Jersey and its examination will aid greatly in understanding some part of that history; it is, therefore, copied verbatim et literatim.
"James Duke of York and Albany, Earl of Ulster, Lord High Admiral of England, and Ireland, &c. Constable of Dover Castle, Lord Warden of the Cinque Ports, and Governor of Portsmouth, &c. Whereas it hath pleased the King's most Excellent Majesty, my Sovereign Lord and Brother, by his Majesty's Letters Patents, bearing Date at Westminster, the 12th Day of March, in the Sixteenth Year of his Majesty's Reign, to give and grant unto me and to my 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 Petaquine, or Pemaquid, and so up the River thereof to the furthest Head of the same, as it tendeth Northwards, and extending from thence to the River of Kinebequi, and so upwards by the shortest Course to the River Canada Northwards; and also all that Island or Islands commonly called by several Name or Names of Matowacks or Long Island, situate, lying and being towards the West of Cape Cod, and the Narrow-Higansets abutting upon the main Land, between the two Rivers there, called or known by the several Names of Connecticut and Hudson's River, together also with the said River called Hudson's River, and all the Land from the West side of Connecticut River, to the East side of Delaware Bay; and also all those several Islands called or known by the Name of Martin's Vineyards, and Nantukcs otherwise Nantucket, together with all the Lands, Islands, Soiles, Rivers, Harbours, Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, Fishing, Hawking Hunting, and Fowling, and all other Royalties, Profits, Commodities, Heriditaments, to the said several Islands, Lands and Premisses belonging and appertaining, with their and every of their Appurtenances, to hold the same to my own proper use and behoof, with Power to correct, punish, pardon, govern, and rule, the Inhabitants thereof, by my self or such Deputies, Commissioners, or Officers as I shall think fit to appoint, as by his Majesty's said Letters Pattents may more fully appear. And whereas I have conceived a good opinion of the Integrity, Prudence, Ability and fitness of Richard Nicholls, Esq; to be employed as my Deputy there, I have therefore thought fit to constitute and appoint, and I do hereby constitute and appoint him, the said Richard Nicholls, Esq; to be my Deputy Governor within the Lands, Islands and places aforesaid, to perform and execute all and every the Powers which are by the said Letters Patents granted unto me, to be execute by my Deputy, Agent or Assign. TO HAVE AND TO HOLD the said Place of Deputy Governor, unto the said Richard Nicholls, Esq; during my Will and Pleasure only, hereby willing and requiring all and every the Inhabitants of the said Lands, Islands and places to give Obedience to him the said Richard Nicholls, in all Things according to the Tenor of his Majesty's said Letters Patents, and the said Richard Nicholls, Esq; to observe follow and execute such Orders and Instructions as he shall from Time to Time receive from my self. GIVEN under my Hand and Seal at Whitehall, this second day of April, in the Sixteenth Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, King of England, Scotland, France, and Ireland, &c. Annoque Domini, 1664.
There is no possible manner in which the terms of this commission can be misunderstood; it is absolute in its grants of power and undoubtedly invested Colonel Nicholls with full authority to act as deputy governor, under the Duke, over the whole of the country granted to York, during the "will and pleasure" of the grantor. Neither could there be any possible doubt that so long as Nicholls continued governor, his lawful acts, within the scope of his authority as such governor, would have been valid and binding, to all intents and purposes, on his principal and upon all persons who submitted to his authority. Neither could there be any doubt that his office could only be terminated by the Duke giving public notice, in some lawful manner, that he withdrew the right from Nicholls. He was to hold that office during the Duke's "will and pleasure " and all "the inhabitants were ordered to render obedience to him " in all things according to the " tenor of his majesty's Letters Patent."
It would be rank injustice if the Duke were to make the grant to Colonel Nicholls, appointing him governor, require the settlers to obey him and then repudiate his acts, unless he should first give notice of the termination of his right to act in such a manner that any one affected by the action of the governor should receive such notice.
Under the circumstances of the case, it was not only the privilege of Nicholls to use his office for his own emolument, but it was also binding on him, as a duty, that he should do all in his power to advance the interest of his patron; provided, of course, that he acted strictly within the lines of authority granted to him. His power, as governor, extended over a large territory, but it had no inhabitants, and no income could