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of the Quit rent of Eliz. Town even according to Nicols patent will be, That upon what quit rent & services soever the Choicest land in York governm and the most convenient were setled by Nicols at the time or after Eliz. patent, so ought Eliz. Town which is the choise situation & land of East Jersey all things considered.
Que: if Nicolas patent is not void no certain quit rent being specified
To take advise how to repossess the prop's of the Land Coll! Townley holds at the point & the house & orchard at Eliz: Town. The last the prop" were cast at a tryall, & the first Judgement passed by default becaus we durst not come to tryall he haveing preingadged all the Lawyers.
If Col. Townly plead survivorship in right of Ph: Carteret from S. George Carteret whether he must not produce a contract of Survivorship. In short unles Townleys cas be heard at home by a Mandamus, the Prop's will be always cast let their right be ever so clear. That you acquaint the prop"s if they come to any composition with the Eliz. Town men They except what lands are already patented within their pretended bounds for the prop's themselves have a great deale there. But Indeed the props ought to aggree no other. wise at home but by instructions to their Council of Prop's here otherwise they will be in that disrepute for the future they will not be capable of serving the prop? As to such of the Inhabitants that hold by Ph: Carteret's patents which are without clause of distress Its humbly offered if distress is incident at Common Law, the Stat. of (Queen Elizabeth?] does not take it away which only provides in favours of Chief & Mean Lords that what parcel of land soever the ffeofor sels the ffeoffee shall hold the same of the chief or mean Lord by the same tenure that ffeoffor held it. And so do all the Inhabitants hold in free & Common
Soccage as the Prop's do and if the Prop"* may not let it out upon what quit rent they please where is their advantage in purchasing the Province?
To get certain instructions how to recover the rents of those patents where there is no clause of distress and the form of the writs & procedures Que. whether such of Ph: Carterets patents are not but Estates for life which have the clause (To have & to hold (his heirs or assigns) instead of (and Assigns) And of Consequence a distress to ly the Reversion being in the Donor. And if it should be urged that it was but a mistake of the Clerk, whether the present prop's be oblidged to make good that which is supposed to be an error in S! George Carteret's Secretary.
There is no other intention in this Quere than if by the form of those patents the prop's cannot distrain that the people may be forced to take new patents. And if the people alleadge one Neglect in the Secretary the prop"* may alleadge another that he forgot to put in a clause of distress, & that there may be no reproach thrown upon the prop's acquaint them, That when the people desired that by Act of Assembly the word (or) should be understood as the word (and) It was told them by the gov? That he would not by Act of Assembly make that an Estate of Inheritance which the laws of England made but an Estate for life. And tho they had behaved themselves undutifully to the prop's yet when they applyed for new patents and payed their arrears of quit rent They should have it granted them. It is a strange thing its the very form of patents in the original Concessions.
Quae What state the prop" are in & of whom they hold whether they are chief Lords, Mean Lords or ffeofees only to the DukeIts humbly desired the prop" would give the reading to some points of law sent over.
Quae. Whether by the Stat. 12 Ch. 24 Ch: 24 all the pleadings upon the Stat. of Quid Emptores be not out of doers since by that Stat. all terms for the future are to be in free & common Soccage. And yet the rents are by that Statute reserved to chief & Mean Lords & the distresses incident thereunto. & if the prop's be either chief or Mean Lords why have they not a right of distress.
Quae: if the assent of the whol Countrey to the government of the prop" & at one time or other most of them have payed some part of their quit rent, if that is not a sufficient seisin of the rent of the whole province.
Quae Whether ejectment can be barr'd by 20 years possession (as pleaded in the case of Jeff Jones') by the 21 of Jas. 1 unles it be a varium Domicilium which cannot be in his case the proprs having the Dukes title to the land before his occupancie
That unles the prop's remove the blemish (?) of the port of Amboy either by bringing Mr Brook to a tryall or by some order of King & Council (but the first is the way that will secure it in all times to come.) The props land in the province will be quite unvaluable, & its a chief objection the people makes for not paying their Quit rents. And when the port is releaved the only thing that will make it public or make it beleeved is for the prop's to send over a small vessel with European goods. They will turn to as good an account at Amboy as at York & would encouradge several to set up & trade from here. Upon terms the Inhabitants will consent by act of Assembly to Establish a lasting fund for the support of a government (whom the proprietors shall from time to time appoint) such as the proprietors now allow, and that they will relieve the proprietors of the Charge of public writings such as Commissions civil & Military proclamations &c And that the prop's land befor setling shall not be Taxed as is provided by the Concessions. Then we offer it to the proprs as our opinion that they sell of the quit rents sinse it breeds so great heart burning amonst the Inhabitants and that instructions be sent over to the Council of proprietors to that end. viz for how many years purchase they will sell the Quit rents, for that being known to the people, &, if they like the terms, it will the more readily incline them to comply with what is demanded in this paragraph But the prop's must not set it high or it will discourage them. Twenty years the highest & a power to the Council of prop's even to abate something of occasion as they will raise it if they can.
This was the interesting case of " Fullarton vs. Jefry Jones," which was decided adversely to Fullarton (representing the Proprietors), “the Jury being all planters." The case is adverted to in “Elizabethtown Bill in Chancery," pp. 44, 1%, 124, and in " Answer"' thereto, pp. 29-31.
2 Originally written "the government."-ED.
It is to be remembered when the people do find that by law they can be forced to pay their quit rents they will the more readely buy them off.
If the Inhabitants will not provide for the support of the Government | Then the prop's are not to blame not to sell the Quit rents. And if by Law they can force the people to pay their Quit rent then they may keep the govern' while they think its their interest so to do. And if the people prove obstinat in refuseing to support the government & defraying the public charge We are of opinion that the prop's thro it up, upon the best terms with the Crown as they can.
As on the other part When the prop" have releaved the port of the Countrey Support the goverm' we are of opinion its a right the people may claim that the proprietors keep the governm' & defend it
To guard that no misrepresentation be made against the Jerseys as not Joining in the Common defense and
Words between bars originally written “ comply with this last paragraph."-ED.
to give the influences of Our supplys of men & money & to carry(?) over the governour of New Yorks speech upon his first goeing to Philadelphia where he liberally owns it.'
Signed at a Councel of Proprietors at Perth Amboy this eleventh day of November 1695
Governor Hamilton of East Jersey, to Governor
Fletcher of New York.
(From New York Col. Docts , Vol. IV., p. 199.1 May it please yo" Excell.
I have formerly acquainted yo" Excell that I had set some young men who had been formerly to Albany to invite others; they now inform me that Captain Matthews is soe much in their good graces that if he come down he is the likelyest man to prevail. I would have him first finde out Matthew Moore of Woodbridge who was of his Company. He knows the temper of the young men and can the best assist. They must
1 Here follows in the original a paragraph erased, which is as follows:
“We recommend to the proprietors that the Secretaries office is an office of great trust & small profits how that most of the land of the province is patented & that the public writings do amount one year with another to 50 lb a year That therefore either the proprietors would conferr this office upon Mr Thomas Gordon who is qualified for it & undertakes to write all the public writings gratis which hitherto has cost the prop 50 or 60 lb a year Or that Mr. Dockwra will please to provide a qualified person to execute si office upon the Conditions."-ED.