THE CONCESSIONS AND AGREEMENTS OF
THE PROPRIETORS OF EAST JERSEY
The CONCESSIONS and Agreement of the Lords Propriators
of the Province of New Cesarea or New Jersey to and with all
and every the Adventurers and all such as shall settle or
plant there.
IMPRIMIS wee doe consent and agree That the Governor of
the said Province hath Power by the advice of his Councell to
Depute one in his place and Authority in case of death or
removall, To continue untill our further order unless wee
have Com'issionated one before.
ITEM that he hath (likewise) power to make choice of and
to take to him six Councellors at least, or twelve at most,
or any even number between six and twelve with whose advice
and consent, or with at least three of the six, or foure of
a greater number (all being sum'oned) hee is to governe
according to the limitac'ons and instructions following
during our pleasure.
ITEM that a Cheife Secretary or Register which wee have
chosen or shall choose (wee failing that hee shall chuse)
shall keep exact entries in faire bookes of all publique
affaires, And to avoid deceipts and Law Suites shall record
and enter All graunts of Land from the Lords to the Planters,
and all Conveyances of Land house or houses from man to man
As alsoe all Leases for Land house or houses made or to be
made by the Landlord to any Tenant for more than one yeare,
Which Conveyance or Lease shall be first acknowledged by the
Grantor or Lessor, or proved by the Oath of two witnesses to
the Lease or Conveyance before the Governor or some cheife
Judge of a Court for the time being, who shall under his hand
upon the backside of the said Deed or Lease Attest the
acknowledgment or proofe as aforesaid which shalbe a Warrant
for the Register to record the same, which Conveyance or
Lease soe recorded shalbe good and effectual in Law
notwithstanding any other Conveyance Deed or Lease for the
said Land house or houses or for any part thereof, although
dated before the Conveyance Deed or Deeds or Lease soe
Recorded as aforesaid. And the said Register shall doe
all other thing or things that wee by our instrucc'ons shall
direct, and the Governor Councell and assembly shall ordeine
for the good and welfare of the said Province.
ITEM That the Surveyor Generall that wee have chosen or
shall choose (wee failing that the Governor shall chose)
shall have power by himselfe or Deputy to Survey lay our and
bound all such Lands as shall be graunted from the Lords to
the Planters, and all other Land within the said Province
which may concerne particular men as hee shalbe desired to
doe, And a perticular thereof Certifie to the Register to be
recorded as aforesaid. Provided that if the said Register
and Surveyor or either of them shall misbehave themselves as
that the Governor and Councell or Deputie Governor and
Councell or the major part of them shall find it reasonable
to suspend their Actings in their respective imployments it
shall be lawfull for them soe to doe, untill further order
from us.
ITEM That the Governor Councellors Assembly men
Secretary Surveyor and all other Officers of Trust shall
sweare or subscribe (in a book to bee provided for that
purpose ) That they will beare true Allegiance to the King of
England his heires and successors and that they will be
faithfull to the interest of the Lords Propriaters of the
said Province and their heires executors and assignes And
endeavor the peace and welfare of the said Province And that
they will truely and faithfully discharge their respective
[trusts in their respective] Offices, and doe equall Justice
to all men according to their best skill and Judgment without
corrupcon favour or affeccon And the names of all that have
sworne or subscribed to be entred in a Booke And whosoever
shall subscribe and not sweare, and shall violate his promise
in that subscripcon shall be liable to the same punishment
that the persons are or may bee that have sworne and broken
their Oathes.
ITEM That all persons that are or shall become subjects
to the King of England and sweare or subscribe Allegiance to
the King and faithfulness to the Lords shalbe admitted to
Plant and become ffreeman of the said Province and enjoy the
ffreedomes and Im'unities hereafter expressed untill some
stopp or contradiction bee made by us the Lords or else the
Governor Councell and Assemblie, which shalbe in force untill
the Lords see cause to the contrary, Provided that such stopp
shall not any way prejudice the right or continuance of any
person that hath been received before such stopp or order
come from the Lords or generall Assemblie.
ITEM That noe person qualified as aforesaid within the
said Province at any time shalbe any waies molested punished
disquieted or called in Question for any difference in
opinion or practice in matters of Religious concernements,
who doe not actually disturbe the civill peace of the said
Province, but that all and every such person and persons may
from time to time and at all times truly and fully have and
enjoy his and their Judgments and Conciences in matters of
Religion throughout all the said Province: They behaveing
themselves peaceably and quietly and not using this liberty
to Licentiousnes, nor to the civill injury or outward
disturbance of others, any Law Statute or clause conteyned or
to be conteined usage or custome of this Realme of England to
the contrary thereof in any wise nothwithstanding.
ITEM That no pretence may be taken by us our heires or
assignes for or by reason of our right of Patronage and power
of Advowsen graunted by his Ma[ties} Letters Patents unto his
Royall Highnes James Duke of Yorke, and by his said Royall
Highnes unto us, thereby to infringe the generall clause of
Libertie of Conscience aforement'oned WEE doe hereby graunt
unto the Generall assembly of the said Province power by Act
to Constitute and appoint such and soe many Ministers or
Preachers as they shall think fitt, and to establish their
maintenance, Giving liberty besides to any person or persons
to keep and maintaine what Preachers or Ministers they
please.
ITEM That the inhabitants being ffreemen or cheife
Agents to others of the Province aforesaid doe as soone as
this our Com'ission shall arrive by Virtue of a writt in our
names by the Governor to be for the present (untill our Seale
comes) sealed and signed make choice of Twelve Deputies or
Representatives from amongst themselves who being chosen are
to joine with the said Governor and Councell for the makeing
of such Lawes Ordinances and Constitutions as shalbe
necessary for the present good and welfare of the said
Province, But so soone as Parishes Divisions Tribes or other
distinctions are made That then the Inhabitants or
ffreeholders of the severall and respective Parishes Tribes
Devisions and distinctions aforesaid doe (by our writts under
our seale which wee engage shall be in due time be issued)
Annually meet on the first day of January and choose
ffreeholders for each respective division Tribe or Parish to
be the Deputies or Representatives of the same Which body of
representatives or the major part of them shall with the
Governor and Councell aforesaid bee the generall Assembly of
the said Province, the Governor or his Deputy being present
unless they shall wilfullee refuse, in which case they may
appoint themselves a President dureing the absence of the
Governor or his Deputy Governor.