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, 168O, 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; Gawn 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 Majestv’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, al1 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 rivers 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, buntings, 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, of 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 liens, 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 Sir George Carteret of Saltrum, in the county of Devon, knight, and baronet, 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, Gawn 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, Gawn Lawry, and Nicholas Lucas, their heirs and assigns forever, in trust for the said Edward Byllynge, his heirs and assigns forever. After which the said John Fenwick, conveyed all his said ten equal and undivided hundred parts, of the said undivided moiety, unto John Eldridge, and Edmund Warner their 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, Gawn Lawry, and Nicholas Lucas their heirs and assigns forever, the better to enable them the said Edward Byllynge, William Penn, Gawn 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, Gawn Lawry, Nicholas Lucas, Edward Byllynge, the said Sir George Carteret, did bargain, sell, release, and confirmed unto the said William Penn, Gawn Lawry, and Nicholas Lucas, their 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, 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, profits, 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, Gawn 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 southward, from the west side of the said line of partition before mentioned, To hold unto the said William Penn, Gawn Lawry, and Nicholas Lucas, their heirs and assigns, in severally to the use of them, their heirs and assigns forever. Upon which partition so made, they the said William Penn, Gawn 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 severally. 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 Lawry, and Nicholas Lucas, remaining still seized of the other ninety equal and undivided hundred parts of the said westernly part of the said premises called Wrest 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 1lave 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 sane, 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, soda, and confirmed, and by these presents doth grant, bargain, sell, and confirm unto the said William Penn, Gawn 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, Gawn 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, Gawn 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, Gawn 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, oar 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
