would probably have stood, had the country at the time been within his jurisdiction, but it had previously been conveyed, and all ownership and all proper authority were in other hands.

No immediate interruption of harmony resulted from the contrariety of interests and of claims, that thus arose in the province; the consequences may not have been fully foreseen. At subsequent periods various expedients were resorted to in order to remove the evil, or prevent the injury. Some of the grantees of Nicholls received new patents from the Proprietary government, and others disposed of their claims." But the difficulty continued to exist; many of these claimants insisted that they had already obtained a sufficient title, and resolved to hold to the rights that had thus been acquired, without any regard to the proprietary regulations and demands.

At the same time that they obtained their lands, the settlers in the province received grants authorizing the exercise of particular privileges and powers. Nicholls had required, that settlements should be made in companies, that the planters "should set out a town and inhabit together," and to these "towns" certain corporate privileges were allowed. Similar grants were also made by Governor Carteret. These grants, which may properly be termed charters, formed instruments of government by which the people of the several places were enabled to make such regulations as their particular situation required, and also to supply any lack that might have existed at this early period, from the imperfect organization of the provincial government. The local charters were somewhat different in their conditions. That which was granted by Nicholls to the people of Middletown and Shrewsbury, and which was allowed to continue in force under the proprietary government, and which was finally confirmed, gave to the people important privileges. It gave full authority to dispose of the lands conveyed in their patent as to them should seem meet. To exercise their own

" Governor Carteret himself became concerned in a purchase from some of the holders of the Elizabethtown tract. He may have designed by the measure to lessen the difficulty from conflicting claims, but it was afterwards used as an argument against him, it being represented as an acknowledgment of the title obtained through Nicholls.

discretion as to the employment and maintainance of ministers. That all cases not criminal in their nature, should first have a hearing within their cognizance, and that no appeal should be taken to a higher court when the sum in issue did not exceed ten pounds. That criminal cases and matters above ten pounds were to be determined in higher courts, and appeals to his Majesty were not to be hindered. That the people should have the liberty to nominate two persons to fill each commissioned office, whether civil, or military, of whom one should be selected and commissioned by the Governor. Finally, they were to be allowed to make such peculiar prudential laws amongst themselves, as might be deemed necessary."

12

An association which was formed in 1666, received a charter from Governor Carteret, in which they were allowed to choose their own magistrates for the government of the corporation; to select their own minister; to nominate their military officers and justices of the peace for the approval of the Governor, and to have courts to try all causes actionable within their own jurisdiction, from which no appeal should be taken when under the sum of five pounds. Liberty of conscience was guarantied short of licentiousness, and disturbance of the public peace. No tax or custom to be imposed, save such as should be approved by the provincial government, together with other particulars agreeing with the provisions of the proprietary concessions. 13

In the same year (1666,) an association was formed by a company of persons in New England, for the purpose of forming a settlement in the province of New Jersey, and previous to their removal they adopted "two fundamental agreements touching their intended design," and these agreements exhibit a new feature of civil polity. The company resolved "that none should be admitted freemen or free burgesses within our town upon Passick River, in the province of New Jersey, but such planters as are members of some or other of the congregational churches; nor

12 Grants and Concessions, p. 664.

13 The settlers under this charter were to settle one or two townships, consisting of fron forty to one hundred families, between Rahway and Raritan rivers. See note in Whitehead's East Jersey, p. 183.

shall any but such be chosen to magistracy, or to carry on any part of civil judicature, or as deputies or assistants to have power to vote in establishing laws, or making or repealing them, or to any chief military trust or office. Nor shall any but such church members have any vote in any such elections; though all others admitted to be planters shall have the right to their proper inheritances, and do, and shall enjoy all other civil liberties and privileges, according to laws, orders, or grants, which are or hereafter shall be made for this town."

That "we shall with care and diligence provide for the maintainance of the purity of religion professed in the congregational churches."

A portion of this body upon their arrival in the province, held a meeting "near to Elizabethtown and the Town Plots, on Passaick River," on the 21st of May, 1666, and resolved that at the arrival of their associates they would endeavor to settle together, and form one township, and be of one heart and consent with God's blessing in endeavoring to carry on their spiritual concernments, as well as their civil and town affairs, according to God and a godly government.14

The "agreements" entered into by these settlers, manifested a disposition to make the enjoyment of civil privileges dependent upon a certain religious profession and belief; a rule of action which had been generally adopted, and acted upon, in New England. It was fortunate perhaps that no such principle was recognized in the form of government which the Lords Proprietors of New Jersey had devised; had it been otherwise, the religious intolerance and oppression that had been witnessed in New England, might have been revived, to the injury and affliction of this new province.

A period of three years elapsed before the government projected by the Proprietors was brought fully into action. Earlier than this, the population and condition of the province were not supposed to be such as to require, that a general representative body should be chosen.

These settlers were from several different towns in Connecticut. They established themselves at Newark. Whitehead, p. 45.

But on the 7th of April, 1668, Governor Carteret issued a proclamation requiring the freeholders of each town to make choice of two able men that were freeholders and dwellers within their limits, to be their Burgesses and Representatives in a General Assembly, to be held at Elizabethtown, on the 25th of May.15 In accordance with the Governor's direction, deputies were elected in the several towns, and met together, and on the 26th of May, 1668, the first Legislative Assembly in the history of New Jersey commenced its proceedings.

15 Whitehead, p. 52.

CHAPTER IX.

FIRST LEGISLATIVE PROCEEDINGS.-OPPOSITION OF THE PEOPLE TO THE GOVERNMENT.-RETURN OF THE DUTCH, AND RESTORATION OF THE ENGLISH AUTHORITY.

Ar the first meeting of the legislative body, all the principal towns in the province were found to be represented.1 The session seems to have passed with a good degree of harmony, and was brief in its duration; it continued but four days. A principal measure was the enactment of a bill of pains and penalties which was somewhat remarkable for its extreme severity. In many particulars, it followed the Levitical law; twelve crimes were enumerated for which, under certain circumstances, the punishment of death would be incurred. But it was prescribed “that no man's life shall be taken away under any pretence, but by virtue of some law established in the province, that it be proved by the mouth of two or three sufficient witnesses."

An enactment was passed providing for the expenses of government, ordering that the sum of thirty pounds should be raised, by a levy of five pounds on each of the towns represented at the time. It was also enacted that the Assembly should meet on the first Tuesday in November of every year, until they should see cause to alter the said time of meeting, and that the deputies of each town should be chosen on the first of January according to the concessions; and for the absence of any deputy, he should be liable to pay forty shillings for every day's absence, as a fine to the county, unless the Assembly should see cause to remit the

1

The following Burgesses appeared, for Bergen, Gasper Steenmetts and Balthazar Bayard; for Newark upon Pishawack River, Captain Robert Treat and Samuel Swarne; for Elizabethtown, John Ogden, Sen'r. and John Brackett; for Woodbridge, John Bishop and Robert Dennis; for Middletown, James Grover and John Bound, the last named also represented Shrewsbury.

Grants and Concessions, p. 77.