them, and in such manner as the same or any part thereof, are altered or explained in or by these presents or in or by any former order and instruction sent to the Governor, or Deputy Governor and Council. there, under the hands of the said Lord Berkeley and myself, or under my own hand alone."

On the same 31st day of July, 1674, Carteret issued a commission to his kinsman, Philip Carteret, making him governor of that part of the colony thus newly granted to him. This man, Philip Carteret, had been made governor of the whole province by Berkeley and Carteret in 1664, when they received their grant from York. In this last commission, Sir George styles himself Lord Proprietor of New Caesarea or New Jersey, in America and Philip Carteret is called Governor of the province of New Caesarea or New Jersey. No direct reference is made to any prior commission, but it is fairly implied that there had been. one previously given.

The governor was clothed with most ample powers, as will appear by the following quotations from his commission: "full and absolute power and authority for us, and in our name, to let, sell, convey, and assure such lands in our said Province, to such person and persons, and for such estate and estates, and with such provisoes, conditions and limitations as by certain concessions and agreements made by John Lord Berkeley of Stratton, and myself, under our hands and seals bearing date the tenth day of January, 1664, to and with the adventurers, we are obliged to grant, and as you shall be directed by certain instructions and directions under my hand and seal bearing date with these presents, and by such other instructions and rules as from time to time you shall receive from us, and not otherwise; hereby ratifying and confirming whatsoever you shall lawfully do pursuant to our said concessions, and to such instructions, rules and directions as aforesaid, as also to make, do, perform and execute, all our singular act and acts, thing and things, powers and authorities whatsoever, which we ourself may, can, might or could do, in, for, concerning or relating to the government, both civil and military, of the said Province or tract of land by virtue of any grant from or derived under his most excellent Majesty King CHARLES the Second, by the Grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c., to be exercised (nevertheless) according to such instructions, and with such limitations, restrictions, conditions, and provisoes, as in these presents are hereafter contain'd; hereby ratifying, confirming and allowing all and every such act and acts,

thing and things, which our said Governor and our said Council in our name, shall do in the premises, pursuant to the authority hereby committed. Provided, and it is hereby declared, that this present deed, or any thing therein contained, do not extend, nor shall it be deem'd or taken to extend, to give up to the said Governor, or said Councellors, or either or any of them, any power or authority to make any grant, conveyance, demise, or other like disposition of any land, lying within. or being part of the said Province, but according to our said concessions and instructions, and reserving for every acre English measure, which by virtue of this authority you shall grant to any person or persons, one half penny of lawful money of England, yearly rent, to be paid to us, our heirs or assigns, on every five and twentieth day of March, according to the English account, the first payment thereof to begin the five and twentieth day of March, which shall be next after making of the said grant."

Although not germane to the present subject, yet it ought not be overlooked, that this last commission to Philip Carteret affords full evidence of the kind and considerate manner in which the first rulers and settlers in New Jersey treated the aborigines. In that commission, the "Lord Proprietor" thus instructs his Governor and Council:

"And lastly. If you our said Governor and Councellors shall happen to find any natives in our said Province and tract of land aforesaid, that then you treat them with all humanity and kindness, and not in any wise grieve or oppress them; but endeavoring by a Christian car riage, to manifest piety and justice, and charity in your conversation with them; the manifestation whereof will prove beneficial to the planters, and likewise advantageous to the propagation of the Gospel." By this last chain of title it would appear that there had been some division made of the province between Lord Berkeley and Sir George Carteret. In the grant to Carteret, made by the Duke of York, Berkeley is entirely ignored, and it would seem that this was the condition of things: A release having been made by York to Berkeley and Carteret as tenants in common, each was seized of an undivided half of the whole domain, according to the undoubted principle of law. No new grant by a former owner to York could divest either of the tenants of their right to the undivided half and the new deed could only inure to their benefit, so that when the Duke made his new grant to Carteret of part of the whole domain in severalty, he did not divest Berkeley of his interest, but the title remained vested in the two grantees precisely as it

was when the first release was made and delivered. But, on the 18th of March, 1673, Berkeley conveyed his moiety in the whole province of New Jersey to John Fenwick for the consideration of a thousand pounds. On the 10th day of February, 1674, a deed tripartite for the same moiety was made between John Fenwick of the first part, Edward Billinge, of the second part and William Penn, Gawn Lawry and Nicholas Lucas of the third part. This deed had been preceded by another of bargain and sale dated the 9th of February, 1674, for the term of one year, between the same parties, except that they were thus described: John Fenwick and Edward Billinge as of the one part and William Penn, Gawn Lawry and Nicholas Lucas of the other part;-an arrangement undoubtedly made for the purpose of complying with the conditions. accompanying deeds of lease and release. By these two conveyances, William Penn, Gawn Lawry and Nicholas Lucas were vested with the moiety or one-half part of the province of New Jersey, but it was admitted by the tripartite deed that Edward Billinge claimed to have some equitable interest in the domain. It was declared by the last named deed that the whole province was held by Sir George Carteret and by Penn, Lawry and Lucas, as tenants in common; that Sir George was seized of one undivided half of the whole province and that the other three were seized of the other half.

This being the state of affairs with reference to the title to New Jersey, on the 1st day of July, 1676, a quintipartite deed was executed by Sir George Carteret, William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge. This deed contains an immense amount of verbiage, recites all the prior grants and conveyances for the purpose of showing exactly how the title stood and partitioned the province into two parts or shares, one of which was conveyed to Sir George Carteret and the other to Penn, Lawry and Lucas. The part conveyed to Carteret is thus described: "All that easterly part, share and portion, and all those easterly parts, shares and portions of the said tract of land and premises so granted and conveyed by his said Royal Highness, the said James, Duke of York, unto the said John, Lord Berkeley and Sir George Carteret as aforesaid, extending eastward and northward along the seacoast and the said River called Hudson's River, from the east side of a certain place or harbour lying on the southern part of the same tract of land, and commonly called or known in a map of the said tract of land, by the name of Little Egg Harbour, to that part of the said river called Hudson's River, which is in forty-one degrees of latitude,

being the furthermost part of the said tract of land and premises which is bounded by the said river, and crossing over from thence in a strait line, extending from that part of Hudson's river aforesaid to the northermost branch, or part of the before-mentioned river called Delaware river, and to the most northerly point or boundary of the said tract of land and premises, so granted by his said Royal Highness, James Duke of York, unto the said Lord Berkeley and Sir George Carteret, now by the consent and agreement of the said parties to these presents, called and agreed to be called the north partition point, and from thence, that is to say, from the said north partition point extending southward by a strait and direct line, drawn from the said north partition southward, thro' the said tract of land, unto the most southardly point of the east side of Little Egg Harbour aforesaid; which said most southardly point of the east side of Little Egg Harbour is now by the consent and agreement of the said parties to these presents, called and agreed to be from henceforth called the south partition point: and which said strait and direct line. drawn from the said north partition point thro' the said tract of land, unto the said south partition point is now by the consent and agreement of the said parties to these presents, called and agreed to be called the line of partition, which is the line herein before mentioned to be intended, by the said consent and agreement of the said parties, for the dividing and making a partition or separation of the said easterly part share and portion from the westerly part, share and portion of the said tract of land and premises, so conveyed by his said Royal Highness aforesaid, in and by these presents intended to be bargained, sold and conveyed by the said Sir George Carteret unto the said William Penn, Gawn Lawry and Nicholas Lucas." The part conveyed to the other three is thus described: "All that westerly part, share and portion and all that and those other part and parts, share and shares, portion and portions, of the said tract of land and premises so granted by his said Royal Highness, the said James Duke of York, unto the said John Lord Berkeley and Sir George Carteret as aforesaid and which said westerly part, share and portion, and which said other parts shares and portions, is and are extending southward and westward and northward along the seacoast and the before mentioned Bay and River commonly called and known by the name or names of Delaware Bay and Delaware River, from the said south partition point before mentioned to be on the east side of Little Egg Harbour, unto the said north partition point herein before mentioned, to be on the before mentioned northermost branch

or part of Delaware river aforesaid; and from thence, that is to say, from the said north partition point, extending southward unto the said south partition point before mentioned, by the said before mentioned. strait and direct line called the line of partition drawn thro' the said tract of land from the said north partition point unto the said south partition, by the consent and agreement before mentioned, intended for the dividing and making a partition or separation of the said westerly part, share and portion from the before mentioned easternly part, share and portion of the said tract of land and premises so conveyed by his said Royal Highness as aforesaid, and herein before bargain'd, sold and conveyed by the said William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge unto the said George Carteret as aforesaid." By this Quintipartite Deed that part of New Jersey which became the several property of Sir George Carteret was to be called and known. as East New Jersey, and that which was conveyed to William Penn and his associates, was designated West New Jersey. For several years after the date of this deed of partition there were two distinct, independent political organizations in New Jersey, known by those two. names. Each had its own separate governor, council and legislature, and each was governed by a code of laws differing essentially from that of the other. Each of these divisions moved in its own sphere without any attrition with the other; there was, in fact, or seemed to be, perfect harmony between them; but there were dissensions within the province of East Jersey which culminated at last in serious trouble. Comparative quiet reigned in West Jersey, so far as its inhabitants were concerned, but encroachments were made upon the authority of its governors, as will hereafter be noticed.

It will be remembered that in the new grant, made after the peace of Westminster, by the Duke of York to Sir George Carteret, the name of Lord Berkeley is not mentioned, nor is that of his immediate grantee, nor are those of any of that grantee's assignees. It is difficult to account for that omission unless it be that the parties to this new grant purposed to ignore any title in Berkeley, or in his assigns, to either East or West Jersey. He had already conveyed his undivided half of the whole of the province to John Fenwick, by a deed of bargain and sale, dated the 18th day of March, 1673, nearly a year before the date of the new grant by York to Carteret. This deed to Fenwick is mentioned in the Quintipartite Deed and is recognized by that instrument. as valid and subsisting. It was, in fact, one of the muniments of title