Grant to Berkeley and Carteret
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 on of
his Majesty's most Honourable Privy Council of the other
part: WHEREAS his said Majesty King Charles the Second, by
his Letters Patents 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 Kenebeque, 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
Island, situate and being toward the west of Cape Codd and
the Narrow Higansetts, abutting up 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 the Connecticut river to the east side of the
Delaware Bay: and also several other islands and lands in
said Letters Patents mentioned, together with the rivers,
harbours, mines, minerals, quarries, woods, marshes, waters,
lakes, fishing, hawkings, huntings, and fowling, and all
other royalties, profits, commodities and heriditaments 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 Hiness James Duke of York,
his heirs and assigns for ever; to be holden of his said
Majesty, his heirs and successors, as of the manner of East
Greenwich, 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
do and may more plainly and at large appear. Now this
Indenture witnesseth, that his said Royal Highness James Duke
of York in hand paid by the aid John Lord Berkley 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 thereof doth acquit and
discharge the said John Lord Berkley 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
Berkley and Sir George Carteret, their heirs and assigns for
ever, 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 part 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 the 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 Caeserea or New Jersey: and also all
rivers, mines, mineralls, woods, fishings, hawking, hunting,
and fowling, and all other royalties, profits, commodities,
and hereditaments whatever, 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 Patents; and all the estate, 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: All of which said tract of land and
premises were by indenture, bearing date the day before the
date hereof, bargain's 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 Berkley 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
Berkley 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 the
said John Lord Berkley 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 interchangeably set their
hands and seals, the day and year first above written.
JAMES
Sign'd, seal'd and deliver'd in the presence of
William Covenrye
Thomas Heywood