A Declaration of the True Intent and Meaning of us the Lords Proprietors, and Explanation of There Concessions Made to the Adventurers and Planters of New Caesarea or New Jersey-1672
I. That as to the 6th Article, it shall be in the power of the Governor and his Council to admit of all persons to become planters and free men of the said Province, without the General Assembly; but no person or persons whatsoever shall be counted a freeholder of the said Province, nor have any vote in electing, nor be capable of being elected for any office or trust, either civil or military, until he doth actually hold his or their lands by patent from us, the Lords proprietors.
II. As to the 8th article, it shall be in the power of the Governor and Council, to constitute and appoint such ministers and preachers as shall be nominated and chosen by the several corporations, without the General Assembly, and to establish their maintenance, giving liberty besides any person or persons to keep and maintain what preachers or ministers they please.
AS TO THE GENERAL ASSEMBLY
I. That is shall be in the power of the Governor and his Council to appoint the times and places of meeting of the General Assembly, and to adjourn and summon them together again when and where he and they shall see cause.
II. To the third; that it is to be understood, that it is in the power of the Governor and his Council to constitute and appoint courts in particular corporations already settled, without the General Assembly; but for the courts of sessions and assizes to be constituted and established by the Governor Council and representatives together: and that all appeals, shall be made from the assizes, to the Governor and his Council, and thence to the Lords proprietors; from whom they may appeal to the king, and that no more corporations be confirm’d but by or with the special order of us the Lords proprietors.
III. To the ninth article: that the Governor and his Council may dispose of the allotments of land to each particular person, without the General Assembly according to our directions, as he and they shall think fit.
CONCERNING THE GOVERNOR
I. As to the second and third article; all officers civil and military (except before excepted) be nominated and appointed by the Governor and Council, without the General Assembly, unless he the said Governor and Council shall see occasion for their advice and assistance.
II. As to the fourth article, in case of foreign invasion or intestine mutiny or rebellion; it shall be lawful for the Governor and his Council to call in to their aid, any persons whatsoever whether freeholder or not.
III. That in the sixth article, concerning the regular laying out of lands; rules for building each street in townships, and quantities of ground for each house lot, the same is left to the freeholders or first undertakers thereof, as they can agree with the Governor and Council, and not to the General Assembly, but to be laid out by the surveyor general.
IV. That all warrants for lands not exceeding the proportions in the concessions, being only sign’d by the Governor and Secretary shall be effectual in case his Council or any part of them be not present.
We the Lords proprietors do understand that in all General Assembly’s, the Governor and his Council are to set by themselves, and the deputies or representatives by themselves, and whatever they do propose to be presented to the Governor and his Council, and upon their confirmation to pass for an act or law when confirm’d by us. Witness our hands and seals the 6th day of December, 1672.
JOHN BERKLEY,
G. CARTERET.
