This indenture, quintipartite, made the first day of July, Anno Domini1676, and in the eighth and twentieth year of the reign of our sovereign Lord King Charles, the Second, over England, &c. Between Sir George Carteret, of Saltrum, in the County of Devon, knight and baronet, and one of his Majesty s most honourable privy Council, of the first part: William Penn of Ricksmansworth, in the county of Hertford, Esq; of the second part: Gawn Lawry London, merchant, of the third part: Nicholas Lucas of Hertford, in the county of Hertford, malster, of the fourth part: and Edward Billinge of Wisminster, in the county of Middlesex, gent. of the fifth part. Whereas our said Sovereign Lord the king’s Majesty, in anti by his Letters Patents under the great seal of England bearing date the twelfth day of March, in the sixteenth year of his said Majesty’s reign, for the consideration therein mentioned, did give and grant unto his dearest brother 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 to a certain place called Pemaquine or Pemaquid, and so up the river to the furthest head of the same as it tendeth northward; anti extending from thence to the river of Kenebeque, and so upwards to the river Canada northward. And also all that island or islands commonly called by the several name or names of Matowacks or Long Island, situate and being towards the west of Cape Codd and the Narrow Higansetts, abutting upon the main land between the two rivers there, commonly called or know n by the several names of Connecticutt, and Hudson’s river; together also with the said river called Hudson’s river, and all the lands from the west side of Connecticutt river to the east side of Delaware bay: and also all those several islands called or known by the names of Martin’s Vineyard or Nantukes, otherwise Nantucket; together with all the lands, islands, soils, rivers, harbours, mines, minerals, quarries, woods, marshes, waters, lakes, fishing, hawking, hunting, and fowling, and all other royalties, profits, commodities and hereditaments to the said several islands, lands and premises belonging and appertaining, with their and every of their appurtenances; and all his said Majesty’s estate, right title;, and interest, benefit, advantage, claim and demand of, in, or to the said land and premises, or any part thereof; and the reversion and reversions, remainder and remainders; together with the yearly and other rents, revenues, and profits of all and singular the said premisses, and every part and parcel thereof; to have and to hold unto his said Majesty’s said dear brother, the said James Duke of York, his heirs and assigns for ever; to be holden of the King’s Majesty, his heirs and successors, as of his majesty’s manner of East Greenwich, in his Majesty’s county of Kent, in free and common soccage, and not in capite or by knight service, under the yearly rent of forty-beaver skins, to be paid unto his said Majesty his heirs and successors, when they shall be demanded, or within ninety days after, as by the said Letters Patent, relation being thereunto had, it may appear: in and by which said Letters Patent his said Majesty did likewise give and Grant unto his said dearest brother James Duke of York, his heirs, deputies, agents, commissioners and assigns, full and absolute power and authority for the correcting, punishing, pardoning, governing -and ruling such of the subjects of his said Majesty, of his heirs and successors, as shall at any time adventure themselves into the said port and places, or inhabit there, according to such laws, orders, ordinances, directions and instructions, as by his said Majesty’s said dearest brother, or his assigns, shall be established; and in defect thereof, in case of necessity, according to the good discretions of his deputies, commissioners, officers or assigns respectively, as well in all causes and matters capital and criminal, as civil, both marine and others, in such manner, and under such restrictions as is therein specified; and to do, exercise and execute all and every others the powers and authorities therein mentioned, as by the same Letters Patent, and by the several powers and authorities thereby given and granted, and therein specified, it doth and may appear. And whereas, in and by two several indentures, the one being an indenture of bargain and sale for the term of one whole year, and bearing date the three and twentieth day of June, Anno Domini 1664: and the other being an indenture of grant, release or confirmation, and bearing date the three and twentieth day of the same month of June, Anno Domini 1664, and both of them made between his said Majesty’s said dearest brother, the said James Duke of York by the name of 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 Forts, and Governor of Portsmouth, of the one part: John Ford Berkley, Baron of Stratton, and one of his Majesty’s most honourable Privy Council, and Sir George Carteret of the other part: And by other good and sufficient conveyances and assurance in the law duly executed, reciting the said Letters Patents herein before recited, and the several and respective premises thereby granted; his Royal Highness he the said James Duke of York, for the considerations therein mentioned, did grant, convey and assure to John Lord Berkley and Sir George Carteret, their heirs and assigns forever, all that tract of land adjacent to New England, and lying and being to the westward of Long Island and Manhatan Island, part of the said main land of New England, beginning at St. Croix, mentioned to be granted to his said Royal Highness by the said therein and herein before recited Letters Patent, 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 Delaware bay and to the northward as far as the northermost branch of the said bay or river of Delaware, which is in forty one degrees and forty minutes of lattitude, and crosseth over thence in a strait line to Hudson’s river in forty one degrees of lattitude; which said tract of land was then afterwards to be called by the name or names of New Caesarea or New Jersey; and also all rivers, mines, minerals, woods, fishings, hawkings, buntings, and fowlings, and all other royalties, profits, commodities and hereditaments whatsoever to the said land and premises belonging, or in anywise appertaining, with their and every of their appurtenances, In as full and ample manner as the same w as or were granted to his said Royal Highness the said Duke of York, in and by the said therein and herein before recited Letters Patents; and all the estate, right, title, interest benefit, advantage, claim and demand of the said James Duke of York, of, in, or to the said lands and premises, or any part or parcel thereof, and the reversion and reversions remainder and remainders thereof, to have and to hold unto the said John Lord Berkeley and Sir George Carteret, their heirs and assigns for ever, under the yearly rent or sum of twenty nobles, payable unto his said Royal Highness the said James Duke of York, in manner as the same is aforesaid Herein be paid, as in and by the said last recited indentures and conveyances, relation being thereunto had, may appear. And whereas in and by one certain indenture of bargain and sale dated the eighteenth day of March Anno Domini 1673, and in the six and twentieth Year of his said Majesty’s reign, made between the said John Lord Berkeley of the one part, and John Fenwick, of Binfield, in the county of Berks, Esq; of the other part, and duly enrolled in his Majesty s High Court of Chancery in England, reciting the said herein before recited Letters Patents, indentures and conveyances, the said John Lord Berkeley for and in consideration of the sum of one thousand pounds therein mentioned, to have been paid unto him by the said John Fenwick, and for other the consideration therein mentioned, did grant, bargain, sell and convey unto the said John Fenwick, his heirs and assigns, all that the moiety or half part of him the said John Berkeley of and in the said tract of land and premises so to be or then called by the names of New Caesarea or New Jersey: And also all that his moiety or half part of all rivers, rivelets, mines, minerals, quarries, woods, fishings, hawkings, huntings, fowlings, and all other royalties, profits, forts, franchises, liberties, governments, powers, priviledges, commodities, hereditaments and immunities whatsoever, to the said land and premises belonging; with their and every of their appurtenances, in as full, ample and beneficial manner to all intents and purposes as the same was granted to the said John Lord Berkley and the said Sir George Carteret, their heirs and assigns, by him his said Royal Highness the said James Duke of York, and all the estate, right, title interest, benefit, property, claim and demand whatsoever, unto the said John Lord Berkeley, of, in, or to the said moiety or half part of the said lands and premises or any part or parcel thereof, by force, virtue or means of the said therein and herein before recited Letters Patents or conveyances, or either or any of them, or otherwise, howsoever, and the reversion and reversions, remainder and remainders of the same, to have and to hold unto the said John Fenwick, his heirs and assigns forever, to the only use and behoof of the said John Fenwick his heirs and assigns forever, as by the said last recited indentures of bargain and sale, relation being thereunto had, it may appear. And whereas in and by two other indentures, the one being an indenture of bargain and sale for the term of one whole year, and bearing date the ninth day of February which was in the year of our Lord 1674, and made between the said John Fenwick and Edward Billinge, of the one part, and the said William Penn, Gawn Lawry and Nicholas Lucas of the other part. And the other being an indenture tripartite of grant, release or confirmation, bearing date the tenth day of the same month of February, Anno Domini 1674, and made between the said John Fenwick of the first part: The said Edward Billinge of the second part: And the said William Penn, Gawn Lawry, and Nicholas Lucas of the third part; and by several other good and sufficient conveyances and assurances in the law duly executed, the said moiety or half part of the said tract of land, and the said moiety or half part of all and every other the said several and respective premises so convey’d unto the said John Fenwick as aforesaid, with all and every the right, members and appurtenances of the same, were convey’d unto, and remains now vested in the said William Penn, Gawn Lawry and Nicholas Lucas, and their heirs, to the use of them and their heirs and assigns for ever, (in which nevertheless the said Edward Billinge, claimeth to have equitable interest) so as the said William Penn, Gawn Lawry and Nicholas Lucas, do now actually stand seized of, and in one undivided moiety or half part of all and every the said premises so granted unto the said John Lord Berkeley and Sir George Carteret as aforesaid, as jointerlalits between themselves; and do now hold the same to them and their heirs, as tenants in common with the said Sir George Carteret, who is now actually seiz’d of the other undivided moiety or half part of all and every the same premises, and doth now hold the same to him and his heirs as tenant in common with the said William Penn, Gawnn Lawry, and Nicholas Lucas. Affect Whereas they the said Sir George Carteret, William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge; have agreed to make a partition between them of the said tract of land, and of the said several and respective premises whereof they now stand so seized as tenants in common as aforesaid, and it hath been agreed bctwctll them, that the said Sir George Carteret shall have for his share and part of the said tract of land, and of the said several and respective premises to lie holden by him the said Sir George Carteret his heirs and assigns for ever, in severally as his lawful and equal part, share and proportion tract of land, and of all and every the said several and respective premises, and to be from henceforth called, known and distinguished by the name of East New Jersey, all that easterly part, share and portion of the said tract of land and premises, lying on the east side and eastward of a strait and direct line drawn thro’ the said premises from north to south, from the dividing and making a partition or separation of the said eastern part, share and portion from the westerly part, share and portion of the same tract of land and premises, as is herein after particularly described. And that the said William Penn, Gawn Lawrie, and Nicholas Lucas, shall have their share and part of the said tract of land, and of the said several and respective premises to be holden by them the said William Penn, Gawn Lawry and Nicholas Lucas, their heirs and assigns, in severalty as their full and equal part, share and portion of the said tract of land; and all and every the said several and respective premises, subject to the same trust for the benefit of the said Edward Billinge as the said undivided moiety was subject, and to be from henceforth called and distinguished by the name of West New Jersey, all that westerly part, share and portion of the said tract of land and premisses, lying on the west side and westward of the aforesaid strait and direct line drawn thro’ the said premises from north to south as aforosaid, as is hereafter also particularly described. Now these presents witness, that in pursuance and performance of the said before recited agreement, and for the better perfecting of the said conditions are agreed to be made as aforesaid; and for and in consideration of five shillings to them the said William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge in hand paid by the said Sir George Carteret. the receipt whereof they do hereby respectively acknowledge, the said Edward Billinge and they the said William Penn, Gawn Lawry and Nicholas Lucas, by and with the consent, direction and appointment of the said Edward Billinge, testified by his being a party hereunto, and by his sealing and executing of these presents, have and each of them hath bargained, sold, released, and confirmed and conveyed; and do, and each of them doth, bargain, sell, release, confirm and convey unto the said Sir George Carteret his heirs and assigns forever, all that easterly part, share and portion, and all those easterly parts, shares and portions of the said tract of land and premises so granted and conveyed by his said Royal Highness the said James Duke of York, unto the said John Lord Berkeley and Sir George Carteret as aforesaid, extending eastward and northward along the sea coast and the said river called Hudson’s river, from the east side of a certain place or harbour lying on the southern part of the same tract of land, and commonly called or known in a map of the said tract of land, by the name of Little Egg Harbour, to that part of the said river called Hudson’s river, which is in forty-one degrees of latitude, being the furthermost part of the said tract of land anal premises which is bounded by the said river, and crossing over from thence in a strait line, extending from that part of Hudson’s river aforesaid to the northermost branch, or part of the before mentioned river called Delaware river, and to the most northerly point or boundary of the said tract of land and premises, so granted by his said Royal Highness James Duke of York, unto the said Lord Berkely and Sir George Carteret, now by the consent and agreement of the said parties to these presents, called and agreed to be called the north partition point, and from thence, that is to say, from the said north partition point extending southward by a strait and direct line, drawn from the north partition southward, thro’ the said tract of land, unto the most southwardly point of the east side of Little Egg Harbour aforesaid; which said most southwardly point of the east side of Little Egg Harbour is now by the consent and agreement of the said parties to these presents, called and agreed to be from henceforth called, the south partition point: and which said strait and direct line drawn from the said north partition point, thro’ the said tract of land, unto the said south partition point, is now by the consent and agreement of the said parties to these presents, called and agreed to be called, the line of partition, which is the line herein before mentioned to be intended, by the said consent and agreement of the said parties, for the dividing and making a partition or separation of the said easterly part, share and portion, from the westerly part, share and portion of the said tract of land and premises, so conveyed by his said Hoyal Highness aforesaid, in and by these presents intended to be bargain’d, sold and convey’d by the said Sir George Carteret unto the said William Penn, Gawn Lawry and Nicholas Lucas, and all and every the isles, islands, rivers, mines, minerals, woods, fishing, hawkings, buntings, and fowlings; and all other royalties, governments, powers, forts, franchises, harbours, profits, commodities and hereditaments whatsoever, unto the said easterly part, share and portion of the said tract of land and premises belonging, or in any wise appertaining, with their and every of their appurtenances, and all the estate,. right, title, interest, benefit, advantage, claim and demand whatsoever, as well in law as in equity, of them the said Edward Billinge, William Penn, Gawn Lawry, Nicholas Lucas, and each and every of them, of, in, unto, and out of the said easterly part, share and portion, easterly parts, shares and portions of the said tract of land and premises, and of, in, unto and out of every part and parcel of the same, and the reversion and reversions, remainder and remainders of the same, and of every part and parcel of the same, and all rents, duties and services reserv’d upon any estates or grants heretofore made or glinted by the said Lord Berkeley and Sir George Carteret, or by any persons claiming any estate, interest or authority from, by or under either of them, of any part of the premises hereby convey’d to the said Sir George Carteret; which said rents, duties and services reserved upon, which said estates and grants made of any part of the premises hereby conveyed to the said Sir George Carteret, shall be from henceforth due and payable unto the said Sir George Carteret and his heirs, of Shone all such estates so made and granted as aforesaid, are to be from henceforth holden according to the true intent of these presents; which said easterly part, share and portion, parts, shares and portions of the said tract of land and premises is now by the consent and agreement of the said parties to these presents, called and agreed from henceforth to be called by the name of least New Jersey; and is all that, and only all that part, share and portion of the said tract of land and premises so convey’d by his said royal highness as aforesaid; as lyeth extended from the east side of the said line of partition before mentioned, to have and to hold unto the said Sir George Carteret his heirs and assigns in severally, to the sole and only use of the said Sir George Carteret, and of his heirs and assigns forever. And each of them the said William Penn, Gawn Lawry, Nicholas Lucas, and Edward Billinge for himself, severally and respectively, and for his several respective heirs, executors and administrators, and for his several and respective own acts only, and not jointly, nor the one for the other, or for the heirs, executors, administrators, or acts of the other, doth covenant, grant and agree to and with the said Sir George Carteret, his heirs and assigns, by these presents, that he hath not at any time heretofore done, or suffered anv act, matter or thing whatsoever, whereby, or by reason whereof, the said premises hereby bargained, sold, reused, confirmed or conveyed by the said Edward Billinge, William Penn, Gawn Lawry and Nicholas Lucas, unto the said Sir George Carteret herein or hereby meant, mentioned or intended so to be or in part or parcel of the same, is, are, shall or may be any ways charged, burthened or incumbered in title, charge, estate or otherwise howsoever, other than such arrears (if any be) which now at the day of the date of these presents are due and unpaid, upon any the restrictions, contained in the said herein before recited Letters Patents, herein before recited conveyances, herein before recited to have been made by his said royal highness James Duke of York or either or any of them. And these presents further witness that in further pursuance and performance of the said herein before recited agreement, and for the further perfecting the said partition so agreed to be aforesaid, and in consideration of five shillings to him the said Sir George Carteret in hand paid, by the said William Penn, Gawn Lawry and Nicholas Lucas, the receipt whereof he doth hereby acknowledge, the said Sir George Carteret hath bargained, sold, released, confirm’d and conveyed, and doth by these presents, bargain, sell, release, confirm and convey unto the said William Penn, Gawn Lawry, and Nicholas Lucas, and to their heirs and assigns forever, all that westerly part, share and portion, and all that and those other part and parts, share and shares, portion and portions, of the said tract of land and premises so granted by his said Royal Highness, the said James Duke of York, unto the said John Lord Berkley and Sir George Carteret, as aforesaid; and which said westerly part, share and portion, and which said other parts, shares and portions, is and are extending southward and westward, and northward along the sea coast, and the before mentioned bay and river commonly called and known by the name or names of Delaware bay and Delaware river, from the said south partition point before mentioned, to be on the east side of Little Egg Harbour, unto the said north partition point herein before mentioned, to be on the before mentioned northermost branch or part of Delaware river aforesaid; and from thence, that is to say, from the said north partition point, extending southward into the said south partition point before mentioned, by the said before mentioned strait and direct line called the line of partition, drawn thro’ the said tract of land from the said north partition point unto the said south partition, by the consent and agreement before mentioned, intended for the dividing and making a partition or separation of the said westerly part, share and portion from the before mentioned easterly part, share and portion of- the said tract of land and premises so conveyed by his said Royal Highness as aforesaid, and herein before bargain’d, sold and conveyed by the said William Penn, Gawn Lawry, Nicholas Lucas, and Edward Billinge, unto the said Sir George Carteret as aforesaid, and all and every the isles, islands, rivers, mines, minerals, woods, fishings, hawkings, buntings, and fowlings, and all other royalties, governments, powers, forts, franchises, harbours, profits, commodities and hereditaments whatsoever, unto the said westernly part, share and portion of the said tract of land and premises, hereby bargained by the said Sir George Carteret, belonging or in any ways appertaining, with their and every of their appurtenances, and all the estate, right, title, interest, benefit, advantage, claim and demand, whatsoever, as well in law as in equity of him the said Sir George Carteret, of, in, unto and out of the same, and of, in, unto and out of every part and parcel of the same, together with the reversion and reversions, remainder and remainders of the same, and of every part and parcel of the same, and all- rents, duties and services upon any estates or grants heretofore made or granted by the said Lord Berkeley and Sir George Carteret, or either of them, of any part or parts of the said premises hereby convey’d to the said William Penn, Gawn Lawry, and Nicholas Lucas, or herein or hereby mentioned, or intended so to be; all which said westerly part, share and portion, parts, shares and portions of the said tract of land and premises are now by the consent and agreement of the parties to these presents, called and agreed from henceforth to be called by the name of West Jersey, and is 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 his said Royal Highness as aforesaid, as lyeth extended westward, or southward from the west side of the said line of partition, before mentioned, to have and to hold unto the said William Penn, Gawn Lawry, and Nicholas Lucas, their heirs and assigns in severally, to the only use of the said William Penn, Gawn Lawry and Nicholas Lucas, and of their heirs and assigns forever. And the said Sir George Carteret for him, his heirs, executors, and administrators, doth by these presents covenant, grant and agree to, and with the said William Penn, his heirs and assigns, and also to and with the said Gawn Lawry his heirs and assigns, and likewise to and with the said Nicholas Lucas, his heirs and assigns, and also to and with the said Edward Billinge,his heirs and assigns, that he the said Sir George Carteret hath not at any time heretofore done or suffer’d any act, matter or thing whatsoever, whereby or by reason whereof the said premises hereby bargain’d, sold, released and confirm’d or convey’d by him the said Sir George Carteret unto the said William Penn, Gawn Lawry and Nicholas Lucas, or herein or hereby meant, mention’d or intended so to be, or any part or parcel of the same, is, are, shall or may be any ways charged, burthened or incumbered in title, charge or estate, or otherwise howsoever, other than such arrears (if any be) which now at the day of the date of these presents are due and unpaid, upon any the reservatiens contain’d in the said herein before recited Letters Patent, and herein before recited conveyances, herein before recited to have been made by his said Royal Highness the said Duke of York, or either or any of them, and other than such lawful estates and grants of lend and plantations, part of the said premises, as have been at any time heretofore by him the said Sir George Carteret, either within themselves, together with the said Lord Berkeley, or by authority lawfully derived from him, or from him and the said Lord Berkeley, made and granted to any planter or planters now in actual possession of the same lands and plantations, and which have been made and granted according to the rules and laws of plantations now in force in the said country, under the usual and accustom’d rents, duties and services by the said rules and laws appointed and directed to be observed upon grants of themselves there: All and singular which said rents, duties and services reserved upon which said estates and grants, shall be from hence forth due and payable unto the said William Penn, Gawn Lawry and Nicholas Lucas, their heirs and assigns; of whom all such estates so made and granted as aforesaid, are to be from henceforth holden according to the true intent of these presents, and of all the respective parties hereunto: And it is hereby declared and agreed, by all the respective parties to these presents, to be the true intent and meaning of these presents, and of all the respective parties hereunto, that the aforesaid rent of twenty nobles herein before mentioned, to be reserved due and payable unto his said Royal Highness the said James Duke of York, and his heirs, shall from henceforth be equally paid and borne in manner following, that is to say one equal moiety or half part thereof by the said Sir George Carteret, his heirs and assigns, and to be issuing out of, and charged and chargeable upon that part and share of the said premises which is hereby conveyed unto the said Sir George Carteret, his heirs and assigns; and the other equal moiety or half part thereof by the said William Penn, Gawn Lawry and Nicholas Lucas, their Heirs and assigns, and to be issuing out of, and charged and chargeable upon that part and share of the said premises which is hereby conveyed unto the said William Penn, Gawn Lawry and Nicholas Lucas, their heirs and assigns. In witness whereof all the said respective parties to these presents, have to each part of these presents set their respective hands and seals, the day and year first above
- CARTERET.
W. PENN.
GAWN LAWRY.
NICHOLAS LUCAS.
EDWARD BILLINGESealed and delivered in the presence of
HENRY WEST.
JAMES BOWERS.
THOMAS LANGHORN.
RICHARD LANGHARN.
JOHN RICHARDSON.
