THE GRANT OF 1680

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          [The Duke of York's Second Grant to William Penn, Gawn
     Lawry, Nicholas Lucas, John Eldridge, Edmund Warner, and Edward
     Byllynge, for the Soil and Government of West New Jersey --
     August 6, 1680.]


          THIS INDENTURE made the sixth day of August, Anno
     Domini, 1680, and in the two and thirtieth year of the reign
     of King Charles the Second, over England, &c. between his
     Royal Highness, James Duke of York, and Albany, Earl of
     Ulster, &c. and brother to our Sovereign Lord the King, of
     the one part; Edward Byllynge of Westminster, in the County
     of Middlesex, gentleman; William Penn, late of Rickmansworth,
     in the county of Hertford, and now of Warminghurst, in the
     county Sussex, Esq; Gawen Lawry, of London, merchant;
     Nicholas Lucas, of Hertford, in the said county of Hertford,
     maulster, John Eldridge, of St. Pauls Shadwell, in the County
     of Middlesex, tanner, and Edmond Warner, citizen of London,
     of the other part.   WHEREAS our Sovereign Lord the King's
     Majesty in and by his Letters Patent, under the great seal of
     England, bearing date the twelfth day of March in the
     sixteenth year of his said Majesty's reign, did (amongst
     several other things therein mentioned ) give and grant unto
     his said Royal Highness, the said James Duke of York, his
     heirs and assigns, all that tract of land adjacent to New
     England, in the parts of America, and lying and being to the
     westward of Long Island, and Manhattas Island, and bounded on
     the east part by the main sea, and part by Hudson 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 Delaware bay, and to the northward, as far as the
     northermost branch of said bay or river of Delaware, which is
     in one and forty degrees, and forty minutes of lattitude, and
     crossing over thence in a straight line to Hudson's river, in
     one and forty degrees of lattitude.  Which said tract of land
     was then after to be called by the name of New Caesarea, or
     New Jersey, with all the lands, island, soiles, rivers,
     harbours, mines, minerals, quarries, woods, marshes, waters
     lakes, fishings, hawkings, huntings, and fowlings, and all
     other royalties, profits, commodities, and hereditaments,
     unto the said premises belonging and appertaining;  with
     their and every of their appurtenances, and all his said
     Majesty's estate, right, titles, interest, benefit,
     advantage, claim and demand of, in and to the same premises,
     or any part or parcel thereof, and the reversion and
     reversions, remainder and remainders, together with the
     yearly and other rents, revenues and profits of the same, and
     of every part and parcel thereof, to hold unto his said Royal
     Highness, the said James Duke of York, his heirs and assigns
     for ever, to be holden of his said Majesty, his heirs and
     successors, amongst other things therein granted, as of his
     Majesty's mannor of East Greenwich, in his Majesty's county
     of Kent, in free and common soccage, and not in capite, by
     knight service, and under the yearly rent therein mentioned.
     And whereas his Royal Highness the said James Duke of York,
     did heretofore by several good and sufficient conveyances and
     assurances, under his hand and seal, duly executed, and dated
     the three and twentieth and four and twentieth days of June,
     in the sixteenth year of his said Majesty's reign, for the
     consideration therein mentioned, grant and convey the said
     tract of land, and premises before mentioned, unto John Lord
     Berkley, Baron of Stratton, and one of his Majesty's most
     honourable privy Council, and their heirs, the said tract of
     land and premises before particularly mentioned, and the
     reversion and reversions, remainder and remainders of the
     same, to hold unto the said John Lord Berkley, and Sir George
     Carteret, their heirs and assigns forever, under the yearly
     rent of twenty nobles sterling, payable as the same is
     therein reserved to be paid.  And whereas the said John Lord
     Berkley, did afterwards convey all his full and undivided
     moiety of all and singular the same premises, unto John
     Fenwick, Esq; his heirs and assigns for ever, in trust, and
     by the said John Fenwick owned to be in trust for the said
     Edward Byllynge, his heirs and assigns for ever.  And the
     said John Fenwick, afterwards by the consent and direction of
     the said Edward Byllynge, and also the said Edward Byllynge
     did convey the said undivided moiety of the premises, unto
     the said William Penn, Gawen Lawry, and Nicholas Lucas, and
     their heirs, to the uses following, (that is to say) as to
     ten equal and undivided  hundred parts thereof to the use of
     the said John Fenwick, and of his heirs and assigns forever;
     and as to the other ninety equal and undivided parts being
     the residue of the said undivided moiety, to the use of the
     said William Penn, Gawen Lawry, and Nicholas Lucas, their
     heirs and assigns forever, in trust for the said Edward
     Byllynge, his heirs and assigns forever.   And the said John
     Eldridge, and Edmond Warner, did convey the same ten equal
     and undivided hundred parts, unto the said William Penn,
     Gawen Lawry, and Nicholas Lucas their heirs and assigns
     forever, the better to enable them the said Edward Byllynge,
     William Penn, Gawen Lawry, and Nicholas Lucas, to make a
     partition of the said intire premisses, with the said Sir
     George Carteret.  And whereas afterwards upon a partition
     made of the said whole and intire premisses, between the said
     Sir George Carteret, and the said William Penn, Gawen Lawry,
     Nicholas Lucas, Edward Byllynge, the said Sir George
     Carteret, did bargain, sell, release, and confirmed unto the
     said heirs and assigns forever, all that westerly part, share
     and portion of the said whole and intire tract of land and
     premisses as before mentioned, which is extending southward,
     and westward, and northward, along the sea coasts, and the
     before mentioned bay, or river, called Delaware bay and
     Delaware river, unto a certain point there, now called the
     south partition point, being the most southerly point of the
     east side of a certain place, or harbour, lying on the
     southern part of the said tract of land and premises, called
     or known in the map of the said premisses, by the name of
     Little Egg Harbour, unto a certain other point there, now
     called the north partition point, being the most northerly
     point, branch, or part of the said river, called Delaware
     river; and from thence, that is to say, from the said north
     partition point, extending southward unto the said south
     partition point, by a streight and direct line drawn through
     the said tract of land, from the said north partition point,
     unto the said south partition point, by the consent and
     agreement of the said parties, now called the line of
     partition, and by them intended for the dividing and making a
     partition of the said westerly part, share and portion, from
     the easterly part, share and portion, of the said tract of
     land and premises.  And all and every the isles, islands,
     rivers, mines, minerals, fishings, hawkings, huntings,
     fowlings, and all other royalties, powers, franchises,
     harbours, proffits, commodities, and heriditaments,
     whatsoever unto the said westerly part, share and portion,
     belonging or appertaining.  And all the estate, right, title,
     and interest, claim and demand whatsoever of him the said Sir
     George Carteret, of, in, unto and out of the same, and the
     reversion and reversions, remainder and remainders of the
     same, and of every part and parcel:  All which said westerly
     part, share and portion, was then and now is by the consent
     and agreement of the said parties, the said Sir George
     Carteret, William Penn, Gawen Lawry, Nicholas Lucas, and
     Edward Byllynge, called and agreed from thenceforth to be
     called by the name of West New Jersey, and all that and only
     all that part, share and portion, and all those parts, shares
     and portions of the said tract of land and premises, so
     conveyed by the said James Duke of York, unto the said John
     Lord Berkley, and Sir George Carteret as aforesaid, as lyeth,
     and lye extended westward and southword, from the west side
     of the said line of partition before mentioned, To hold unto
     the said William Penn, Gawen Lawry, and Nicholas Lucas, their
     heirs and assigns, in severalty to the use of them, their
     heirs and assigns forever.  Upon which partition so made,
     they the said William Penn, Gawen Lawry, and Nicholas Lucas,
     became seized of all that westerly part of the said premises
     as now called West New Jersey, with the appurtenances in
     severalty.  And being so seized pursuant to a trust for that
     purpose reposed in them, they conveyed ten full equal
     undivided hundred parts of the said westerly part of the said
     premises, called West New Jersey, unto the said John
     Eldridge, and Edmund Warner, and their heirs, to hold unto
     them and their heirs, to the use of them and their heirs
     forever.  And the said William Penn, Gawn [sic] Lawry, and
     Nicholas Lucas, remaining still seized of the other ninety
     equal and undivided hundred parts of the said westerly part
     of the said premises called West New Jersey, to them and to
     their heirs forever, but always in trust for the said Edward
     Byllynge, his heirs and assigns forever.  And whereas since
     the making and executing of the said conveyance so made by
     his Royal Highness unto the said John Lord Berkley, and Sir
     George Carteret, as aforesaid, and in the times of the late
     war, between his said Majesty and the States of the United
     Provinces of the Netherlands, the armies and subjects of the
     said States General gained the possession not only of the
     said premises, so by his said Royal Highness, conveyed unto
     the said John Lord Berkley, and Sir George Carteret, as
     aforesaid, but also of other the lands and hereditaments,
     which were originally granted unto his said Royal Highness,
     by his said Majesty's said Letters Patents hereinbefore
     recited.  All which were afterwards regained from the said
     States, or by them delivered up unto his said Majesty.  AND
     WHEREAS his said Majesty did by other his Letters Patents,
     dated the twenty-ninth day of June, in the six and twentieth
     of his Majesty's reign, grant and convey unto his said Royal
     Highness and his heirs forever, as well the said tract of
     land and premises herein before recited to have been granted
     and conveyed by his said Royal Highness, unto the said John
     Lord Berkley, and Sir George Carteret, as aforesaid, as all
     other the lands and hereditaments in and by the said herein
     first before recited Letters Patents granted or mentioned to
     be granted.  AND WHEREAS by the said several grants so made
     by his said Majesty unto his said Royal Highness as
     aforesaid, several powers and authority are and were given
     and granted unto his said Royal highness, his heirs and
     assigns to be executed by his said Royal Highness, his heirs
     and assigns, or by the deputies, agents or commissioners of
     his said Royal Highness, his heirs or assigns, which, are
     necessary as well for the planting, peopling and improving of
     all and every the respective lands, places and territories
     thereby granted, and for the transporting thither from time
     to time, such of his Majesty's subjects as should be willing
     to go or be transported into those parts, or any of them; as
     for the defending, guarding and keeping of the same; as also
     for the well governing of the same, and of all such as are or
     shall be inhabitting in the same, and for the making,
     ordaining, and executing of necessary and convenient laws and
     constitutions, in order to such government, and the punishing
     and pardoning offences, and offenders, as occasion shall
     require; and to nominate, make, ordain, constitute and
     confirm, and also to revoke, discharge, change and alter all
     and singular governors, officers, and ministers, which by his
     said Royal Highness, his heirs or assigns, shall be from time
     to time, thought fit or needful to be made, ordained,
     appointed or used in the said parts or places, or any of
     them.  And to do all other things needful, and useful, and
     necessary for the well governing, keeping, defending and
     preserving the said respective places and territories and of
     every of them and all such as are and shall be inhabitants
     thereof.  Now these presents witness, that for and in
     consideration of a competent sum of lawful English money,
     unto his said Royal Highness in hand paid, and for the better
     extinguishing all such claims, and demands, as his said Royal
     Highness may any ways have of or in the premises aforesaid,
     now called West New Jersey, or any part of them; and for the
     further and better settling, conveying, assuring, and
     confirming of the same and of every part thereof, according
     to the purport and true meaning of these presents, his said
     Royal Highness, the said James Duke of York, hath granted,
     bargained, sold, and confirmed, and by these presents, doth
     grant, bargain, sell, and confirm unto the said William Penn,
     Gawen Lawry, Nicholas Lucas, John Eldridge, and Edmund
     Warner, all that part, share and portion, and all those
     parts, shares and portions of all that entire tract of land,
     and all those entire premises so granted by his said Royal
     Highness unto the said John Lord Berkley, and Sir George
     Carteret, and their heirs as aforesaid, as in, by, and upon
     the said partition aforesaid, was and were vested in the said
     William Penn, Gawen Lawry, and Nicholas Lucas, and their
     heirs, and then agreed to be called by the name of West New
     Jersey together with all islands, bays, rivers, waters,
     forts, mines, quarries, royalties, franchises, and
     appurtenances whatsoever, to the same belonging, or in any
     wise appertaining.  And all the estate, right, title,
     interest, reversion, remainder, claim and demand whatsoever,
     as well in law as in equity, of him the said James Duke of
     York, of, into, and out of the same, or any part or parcel of
     the same; as also the free use of all bays, rivers and
     waters, leading unto or lying between the said premises, or
     any of them in the said parts of America, for navigation,
     free trade, fishing or otherwise, to have and to hold, unto
     the said William Penn, Gawen Lawry, Nicholas Lucas, John
     Eldridge, and Edmond Warner, their heirs and assigns forever,
     to the uses following, (that is to say) as to ten equal and
     undivided hundred parts thereof, to the use of the said John
     Eldridge and Edmund Warner, and of their heirs, and assigns
     forever.  And as to the other ninety equal and undivided
     hundred parts thereof, to the use of the said William Penn,
     Gawen Lawry, and Nicholas Lucas, and of their heirs and
     assigns forever; in trust nevertheless for the said Edward
     Byllynge, his heirs and assigns forever.  Yielding and paying
     therefore yearly for the said whole entire premises, unto his
     Royal Highness, his heirs and assigns, the yearly rent of ten
     nobles of lawful English money, at or in the Middle Temple
     Hall London, at or upon the feast day of St. Michael the Arch
     Angel.  And these further witness, that for the better
     enabling the said Edward Byllynge, his heirs and assigns, to
     improve and plant the said premises with people, and to
     exercise all necessary government there, whereby the said
     premises may be the better improved and made more useful to
     him, his heirs and assigns, and to the King's Majesty, his
     said Royal Highness hath likewise given, granted, assigned
     and transferred, and doth by these presents give, grant,
     assign, and transfer unto the said Edward Byllynge, all and
     every such the same powers, authorities, jurisdictions,
     governments, and other matters and things whatsoever, which
     by the said respective Letters Patents, or either of them,
     are and were granted, or intended to be granted, to be
     exercised by his said Royal Highness, his heirs, assigns,
     deputies, officers, or agents, in, upon, or in relation unto
     the said premises hereby confirmed, or intended to be
     confirmed, and every of them, in case the same were now in
     the actual seizen of his said Royal Highness, to be held,
     enjoyed, exercised and executed by him the said Edward
     Byllynge, his heirs and assigns, and by his deputies,
     officers, agents and commissioners, as fully and amply to all
     intents, constructions and purposes as his said Royal
     Highness, or his heirs, might, could or ought to hold, enjoy,
     use, exercise or execute the same, by force and virtue of the
     said several and respective and before recited Letters
     Patents, or either of them, or of any thing in them, or
     either or any of them conteyned or otherways however.  In
     witness whereof the parties to these presents have hereunto
     interchangeably set their hands and seal, the day and year
     first above written,

                                            JAMES

          Signed, sealed and delivered by his Royal Highness James
     Duke of York, within named, in the presence of

          John Worden,
          Thomas Heywood.

          Thomas Heywood maketh oath, that the day and year within
     written, saw his Highness the Duke of York, sign, seal, and
     as his act, and deed, deliver this indenture to the use
     within mentioned, and afterwards subscribed his name as a
     witness, Thomas Heywood.
          Jur. 3d. die. September 1680
          Cor. me Magis. Chane.
                                                 J. CLERKE.

          The foregoing is a true copy taken from and compared
     with the record in the Secretary's office at Burlington, in
     Lib. M. of deeds, folio, 318. &c.
          Examined per.
                                  SAMUEL PEART, Dep. Secretary

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