o' lawes and without our Authority, hade taken upon him to Conveen our Indians and purchase land within o' province. He likewise told him yt hade their been nothing else to restrain him than the Publick engagements, y the two governors of both provinces lay under, viz, y' no land Should be purchased near the line, or which Should seeme to be in controversie till all differances were ended touching the line, hade been enough to deservee....neither Could he Judge so ill of Governo' Skene, as to beleive he hade the lest hand in it, Considering how but so lately he hade writ a challenge to Lord neil Campbell (upon misinformation) as taking upon him to break the public faith, which Lord Neil did very handsomly acquitt himselfe off, and made him a........?.., yt the thing was entirely false, and that the aggreement Should be closely kept upon his part, not doubting the like from them.

The deputy Governo' furder Said to Thomas Budde that if he as a probate person took upon him to disturb the peace of a Country, he was highly punishable. He made answer yt what he did, was by act of their assembly, And if they did not bear him out the blame be upon them. The deputy Governo' demanded a Sight of their act but he declared he hade it not by him, but hade left it at home: this he declared before halfe a doson of witnesses. To which our Governo made answer, if he hade an act of their Assembly for what he did, their Governo' must be a Consenter, and if so, he was guilty of a double breach first of the publick faith entred into by the two GovernoTM and last of his bond of five thousand pounds entred into at Greenlands, for Consenting to purchase any land, within o' awarded line.

In fine The deputy Governo' took a recognisance of Thomas Budde, for an thousand pounds to appear at o' next Court of Com'on right to be held in October next to answer &c:

Also some of West Jersey have forbid the people of Piscataway, to pay their quitt rents, upon pretense y' Piscataway is within their province, which doth oblige o' governo' and Counsell to issue out warrants of distresse to make them pay them

Upon the whole Matter yee See their is an absolute necessity, y' this matter toutching the deviding line of the two provinces be put to a close seing those of west Jersey have begun to purchase land within our line and undoubtedly within our province, and on the other hand the Governo' and Counsel of the province are obleiged to make a legal resistance, and how farre the Consequence may amount to in trouble and expense yee may easily perceive.

If the affair be brought to any judicatory in old England as seemeth most proper if it cannot be otherwise aggreed, it seemeth to be very fair on o' side, for first, why should not the late aggreement hade at greenlands obleige them seing they who made y1 aggreement, were the representatives of their province and hade power given them by the most considerable part of the said province Considering y' their Governo represented thirtie proprieties of their whole province, so y' wee see not how any thing can shake or Invalidate the Said aggreement or otherwise, it is Impossible to make any aggreement with them, for with whom can it be be made with all and evry Individual y' has the least Share of a propriety? that seemeth Impossible to gather them together being so scattered in remote parts of the world, or if with the greatest part it is also very difficult for us to find who are the greatest part and besides the lesser part may alledge ye greater has no power to dispose of their property, so y' we see not how any ferme aggreement can be made with them. But Secondly if the said aggreement doth not obleige them to stand to the line as was aggreed, y1 the proprietars of east Jersey have a fair

plea to desire of the King or any judicatory it is referred unto an order yt an equal division be made of the whole continent in two equal halfes in quantity & quality Seeing an equal devision was intended as we judge although these of west Jersey say It was not Intended and in order to the said equal division, yee are disposed to desire y' seeing east Jersey along the whole cost hath been truly & carefully Surveyed by the general Surveyors of both provinces, y' west Jersey be also surveyed and y' some Impartial and Skylful men be ordered to Judge of the equality as to quality of land for they of west Jersey alledge they have more barren land wch yet we think is very doubtfull. And thirdly some other precise bounds needs be appointed for the north end of the two provinces, than what the deed of Partition mentions for as to y bound viz 41 deg: & 40' our Surveyo' tells us it is not to be found on any branch of delaware river as the deed mentions, for no branch is in yt latitude in the true and proper Sense of a branch, wch is a stream coming out of the river y' makes a true branch. but no such can be found in yt latitude, or near to it, only the Surveyours found some brooks running into the river but where they Joined to the river was farre from ye latitude. And Indeed it is very disputable & unclear what is delaware river itselfe above the falles for two great streams meet farre beyond the falles northerly, and which of these is delaware river, cannot be easily determined, but rather seemeth Impossible for the name delaware was only given to it as it extended from the falles to the sea. fourthly seeing the deed of Partition is grounded on a false mapp, and a wrong account of the country, as to its Survey, and delaware river itselfe was supposed to have a branch in that latitude, and yet hath none, we Judge y any Judge will Say, the deed of Partition must be wholly laid aside and a new line of devision

ordered to be run if y' already run in great part, doe not stand, and if a new line must be run, we are ready to think y' by equal devision the new line shall be more favourable to east Jersey than this already agreed & run in part but nothing can be certainly affirmed till west Jersey be surveyed as well as east Jersey.

And whereas these of west Jersey object y' this line lately aggreed unto cutts them short of their latitude about foure miles at the north end, by running to delaware river about 41 degr: it is answered, and so doth it cutt us off in respect of our bounds with them, if it crosse not ye river and if they can procure it of right yt they may run out their full latitude, crossing yt called delaware river we shall well allow it, and be sharers (?) in the other side of the line; but that is to be disputed with William Penn. But secondly, the province of west Jersey extending from Cape May is Judged bye estimation to be fourteen miles longer than east Jersey, and is also wider than east Jersey & therefore is still the greater province. It is furder to be Considered yt the deputy Govern' of west Jersey, in the late aggreement at Greenlands did not only repre sent thouse proprietars of west Jersey in the person of Edward Billings who hade thirtie proprieties belonging to him, but hade power given to him by the late instrument, to lay aside the deed of partition, and with the concurrence of four or five persons of both provinces, to aggree upon a new line as they should see fitt, wch Instrument was signed by Edward Billings for west Jersey and by Robert Barclay for east Jersey. Besides yt diverse proprietars of east Jersey are also concerned in west Jersey, as having shares in it. If it happens y' these of west Jersey represent to the King or Counsel or any Judicatory in old England the Verdict of two Surveyours to wit Andrew Robeson for west Jersey and Philip Wells for new york and shall alledge y' by an aggreement made at new york

by the three Governors of the three provinces, viz new york west & east Jersey, the verdict of any two of the Surveyours should be valid, without or against the Verdict of the third1 To this it is answered y' George Keith Survey of East Jersey hath given no verdict as yet in the case and as for Philip Wals [Wells] if he has given any verdict for the bounds of west Jersey, and line of partition betwixt west and east Jersey It is easie to prove it void for he went not with the other two Surveyours to litle egge harbour, and has no knowledge of the survey of east Jersey from Sandy hook to egg harbour but only by report, and therefore is no fitt person to give a verdict in the case for he reckoned himself only concerned in the line betwixt new york province and east Jersey, and as for the aggreement at new york, the latter aggreement and award at Greenlands makes it void as toutching west and east Jersey. But as for the line betwixt new york province and east Jersey, the Verdict of any two of the Surveyours may hold, and they seeme to aggree in it y' the line run from 41 degr: on Hudsons river north side northwest by the needle: till it come to delaware river (w'ch seemeth equal and fair to both provinces) and to the latitude of 41 degr. and fourtie minutes, and whereas it is reported, y' Philip Walls [Wells] hath made a late Mapp of the continent of west and east Jersey, and by the line supposed to run from litle egg harbour to the mouth of Milstone river (wch is ten miles at least more easterly on Rariton, than the line lately run by aggreement) the said Mappe represents west Jersey as the lesser province, we say, that Mapp is very unfair and is grounded upon no true knowledge or Survey of the continent of west and east Jersey, and we desire yt no credit be given to it till a just survey be made of all yt continent of land

See Vol: I, pp. 517, 518, 520,