be returned from it to the Duke, until it became settled. So, Nicholls instantly issued a proclamation, in print, which was scattered broadcast over the settled portions of Northern North America. It cannot now be ascertained what was the exact date of this proclamation, but it was undoubtedly issued in 1664 and probably before the month of September of that year.

On the 26th day of September, 1664, six inhabitants of Jamaica, "commonly so called," on Long Island, humbly petitioned "the Right Honorable Colonel Nicholls, Esq., Governor of New York," &c., to grant them " liberty to purchase and settle a parcel of land to improve our labor upon in the River Cull, before mentioned," that is, the River Cull or Kill Van Cull, near Elizabeth Port. The governor acted promptly upon this petition, for four days afterwards, on the 30th of September, he was pleased graciously to grant its prayer.

By the proclamation already mentioned, Nicholls made liberal offers to settlers within the bounds of his province without specifying any particular part of it, except that the land he intended first to be planted was that lying west of the Hudson's River, at or near the "Sopes." What is meant by this word "Sopes" is not known. It is, however, certain that the land most affected by the proclamation was that contained within the bounds of New Jersey. The terms offered were these:

"The Conditions for new Planters in the Territories of his Royal Highness the Duke of York."

"The Purchases are to be made from the Indian Sachems, and to be recorded before the Governor."

"The Purchasers are not to pay for their Liberty of Purchasing to the Governor."

"The Purchasers are to set out a Town and inhabit together."

"No purchaser shall at any Time contract for himself, with any Sachem, without consent of his Associates, or special Warrant from the Governor."

"The Purchasers are free from all manner of Assessments or Rates for five Years, after their Town Platt is set out; and when the five Years are expired, they shall only be liable to the publick Rates and Payments, according to the Custom of other Inhabitants both English and Dutch."

"All lands thus purchased and possessed, shall remain to the Purchasers, and their Heirs, as free Lands to dispose of as they Please."

"In all Territories of his Royal Highness, Liberty of Conscience is allowed, provided such Liberty is not converted to Licentiousness, or the Disturbance of others in the exercise of the Protestant Religion." "The several Townships have Liberty to make their particular Laws, and deciding all Small Causes within themselves."

"The lands which I intend shall be first Planted, are those upon the West side of Hudson's River, at or adjoining to the Sopes; but if any Number of Men sufficient for two or three or more Towns, shall desire to Plant upon any other Lands, they shall have all due Encouragement proportionable to their Quality and undertakings."

"Every Township is obliged to pay their Minister according to such Agreement as they shall make with them, and no Man to refuse his Proportion, the Minister being elected by the Major Part of the Householders, Inhabitants of the Town "

"Every Township hath the free choice of all the Officers both Civil and Military, and all Men who shall take the Oath of Allegiance and are not Servants, or Day Labourers, but are admitted to enjoy a Town Lot, are esteemed free Men of the Jurisdiction, and cannot forfeit the same without due Process in Law." "R. NICHOLLS."

By this proclamation, settlers were invited to secure land within the province over which Nicholls was governor; certain rights were promised; certain immunities were guarantied to these settlers. The grants made by Nicholls were afterwards attacked in the most strenuous manner possible; their validity was questioned and it was argued with great vehemence that if any one of these six petitioners from Jamaica, or if all of them together, or if any other person, made purchases from the Indian sachems and these Indian titles had been confirmed by Nicholls, and they had "set out a town and lived together," expending their money and giving their time and labor for those purposes, without notice that it was no longer "the will and pleasure" of the Duke that Nicholls should act as governor, no court of justice could have decided that they should forfeit the land they had thus acquired, or that they should lose a single one of the rights or immunities promised to them by the proclamation of Governor Nicholls. This seems very plausible, and the arguments, according to modern notions of equity, would have great force with the Court of Chancery. There were then no offices of record, where deeds could be recorded and thus notice given to the public of all matters affecting the titles to land. The land was unoccupied, except by bands of roving Indians, so that no

notice was given by possession to put purchasers on their inquiry. Let the decision be for either party, in case of a contest, wrong would be done to the party defeated. The grants made by Nicholls were sub sequent to the deed to Berkeley and Carteret but neither he nor his grantees knew of the existence of that deed On the other hand, the Duke had no title to the land which Nicholls granted in New Jersey and the right of Nicholls to make grants ceased when York conveyed to Berkeley and Carteret. But there were two certain equities created by the grants from Nicholls: One--York should have repaid any of the grantees of Nicholls for any outlay they had made and for the damage sustained; and the other-that Berkeley and Carteret should have confirmed the grants made by Nicholls in the most equitable manner. The Lords Proprietors appreciated this equitable claim and in many instances confirmed the grants of Governor Nicholls upon the easiest terms. This was especially the case with the four families and their associates, whom Philip Carteret found living at Elizabeth Town when he assumed his governorship.

The date of the release from the Duke to Berkeley and Carteret was the 24th day of June, 1664. It cannot now be determined when or how Nicholls first received notice of that release. It was most probably in the year 1665, but at what precise date, cannot be stated. It was certainly after the time when the petition from the six men from Jamaica was received and its prayer granted. It will be remembered that reference has been made to a letter of remonstrance written by Nicholls to York; that letter was written in 1665, and was probably the result of the indignant feelings aroused by the first intimation received by him of the Duke's release to Berkeley and Carteret. It would have been natural for him to have given vent at once to his indignation by a protest to his grantor. The whole tone of the letter denotes that it was the first communication from him to the Duke about the release. In that letter, he objected strongly to the action of the Duke in dividing his domain by granting part of it to Berkeley and Carteret and protested most energetically against his being deprived of a part of his government.

It is not probable that the settlers who were induced by the promises made to them by the proclamation to settle in New Jersey, ever knew of the release until they themselves had actually made settlements and had become inhabitants of that province. Three of these six men from Jamaica, in pursuance of the license from Nicholls purchased a large

66

tract of land from the Indians, thus described: One Parcel of Land Bounded on the South by a River commonly called the Raritons River, and on the East by the River which Parts Staten-Island and the Main, and to run Northward up after Cull-Bay, till we come at the first River which sets Westwards up after Cull Bay, aforesaid, and to run West into the Country twice the Length as it is broad from the North to the South of the aforemention'd Bounds."

This deed was dated the 28th day of October, 1664, was signed by Mattano, Manamowaone and Cowescomen, three Indian chiefs, described in the deed as being of Staten Island and who all signed by making their marks. The land conveyed by this deed undoubtedly included Elizabeth Town and an extensive country surrounding. The consideration for this conveyance was "Twenty fathoms of trading. cloth, two made coats, two guns, two kettles, ten Barres of lead; twenty handfuls of powder," delivered at the time of the execution of the deed and "four hundred fathom of white wampum," to be paid after a year's expiration from the day when entry should be made upon the land by the grantees. This prospective payment was afterwards made and fully receipted for by the representatives of the Indian grantors. On the 1st day of December, 1664, Governor Nicholls, under his hand and seal confirmed this Indian title, not to the three original purchasers from the aborigines, but only to two of them and to two others, one of whom is described as being of New York, presumably of the city, and the other two of North Hampton. The deed from Nicholls was not only a confirmation of the title from the sachems, but it also contained a conditional conveyance in fee to these four persons, of this character:

"TO HAVE AND TO HOLD the said Lands and Appurtenances to the said Capt. John Baker, John Ogden, John Baily, and Luke Watson, and their Associates, their Heirs, Executors, Administrators and Assigns for ever, rendering and paying Yearly unto his Royal Highness the Duke of York, or his Assigns, a certain Rent, according to the Customary rate of the Country for new Plantations, and doing and performing such Acts and Things as shall be appointed by his said Royal Highness, or his Deputy. And the said Capt. John Baker, John Ogden, John Baily, and Luke Watson, and their Associates, their Heirs, Executors, Administrators and Assigns, are to take Care and Charge, of the said Lands and Premises, that People be carried there with all convenient speed, for the settling of Plantations thereon, and that none

have Liberty so to do, without the Consent and Approbation of the said Capt. John Baker, John Ogden, John Baily, and Luke Watson, and their Associates, except they shall neglect their Planting thereof, according to the true intent and meaning of these presents. And I do likewise promise and grant that the Persons so Inhabitting and Planting the Lands and Premisses aforesaid, shall have equal Freedom, Immunities and Privileges with any of his Majesty's Subjects in any of his Colonies of America. And the said Capt. John Baker, John Ogden, John Baily, and Luke Watson and their Associates have Liberty to Purchase of the Natives, (or others who have the Propriety thereof) as far as Snake Hill to the End and purposes aforesaid.”

In this deed Nicholls described himself as governor, under his Royal Highness, Duke of York, of all his "territories in America." He also described the lands bought of the Indians as being within his government and gives permission to his grantees to purchase from the natives, other lands in New Jersey, as far as Snake Hill. When Governor Nicholls made that deed he must have believed himself to be governor of New Jersey, as well as of New York, and it cannot be imagined that he then had heard of the release to Berkeley and Carteret. Nor could the Duke have given any notice of his withdrawal from him of his right to act as governor, and the plain inference is that these acts of Nicholls were to a certain extent binding on York and on Berkeley and Carteret.

But Nicholls made other conveyances besides the Elizabeth Town tract, one of which was much more important as it conveyed a whole county, or what was afterwards called Monmouth County, besides parts of others. This was done by a deed, or what was then called Letters Patent, dated the 8th day of April, 1665. This deed did not lead to such results as did that for the Elizabeth Town tract, but it is worthy of notice as it serves to elucidate a very vexed question which afterwards disturbed the peace of the province and involved the interests of the Lords Proprietors and of the citizens. It is called the Monmouth Patent. It suggests upon its face the object of its execution. It is important, also, in another respect; it evinces the great desire. which the Duke and his deputy governor had to induce immigration into New Jersey, and that, to succeed in procuring that immigration the Duke, although his leaning toward to Romish church was pronounced, was willing to sacrifice his religious prejudices to secure his own aggrandizement. It shows further that there was a growing