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1699] PROPRIETORS OF E. J. RELATIVE TO PROPOSED TRIAL. 269

of a Port in East-Jersey, together with the Right of Government of that Province, upon which (Yo! Lord Pps conceive) their said Claim is Grounded, to a Judiciall Determination, Doe humbly crave leave to Represent to Represent to Yo! Lordshipps.

That their proposall to have such a Tryall of their Claim to a Port was intended only as their last resort to Justify themselves against the Clamours of the Inhabittants, but their principall Design & Desire in the Petic'on was & is to avoid all Controversy with his Maj And to remove the Objection made by NewYork in putting the Trade of East Jersey under the same Duties of Importation & Exportation and therefore they humbly pray that Yo! Lord's will together [with] Yo! Report lay before his Maj! their Memorialls delivered to Yo Lords upon this Occasion.

That the Proprietors made no offer to try their Right of Government in such feigned Issue, and are advised their right to a Port doth not depend upon their Right of Government, And the Law having prescrib'd a proper Method of trying the Right to Royall Franchises, claimed by Subjects—The Proprietors conceive they cannot without Injustice to themselves and the Inhabittants of that country, Submitt their Right of Government to be part of such an Issue,-Nor can the Omission of it be any prejudice to his Maty since if the right of a Port should depend upon the right of Government his Maj! will have the benefitt of that Point in evidence at the Tryall, as much as if it were part of the Issue itselfe.

All which they humbly submitt to Yo! Lord's Consideration

By Order & on behalf

of the Proprietors

Apr. 19th 1699

W DOCKWRA

S & R

Letter from the Town of Newark to the other Towns in East New Jersey, in reference to a certain Act of the Legislature, and reflecting upon the conduct of Governor Basse.

[From the Original among the Manuscripts of the N. J. Hist. Society.]

To ye Townes of Perth Amboy Elizabethtowne Woodbridge ffreehold Bergen Shrewsbury Middletowne Piscataqua Aquechenonck &c.

Gentlemen.

The meetings of our towne have considered an Act entitled an act for redressing a force of our Neighbo Province;' and we find yt ye money Ordered to be raised by that act is put into such hands as we have no reason to trust nor are we any waies secured yt ye money will be applyed for ye countrys good: but have great reason to believe y contrary which has made us resolve not to pay it, but to resist all force that shall be used for ye gathering of it and because the taking away of ye Ship Hester has been made the only pretence for raising yo money mentioned in that act we have thought fit to let ye Proprietors know y' the country was ready enough to have deffended her and that we are owing only to ye cowardess of ye Govern for her Loss and we have also thought fit to Acquaint ym how he has Invaded our rights and Priviledges.

1 Printed in Grants and Concessions p 376: raising £675 by tax, to meet the expenses likely to be incurred in resisting the encroachments of New York. The money was to be remitted through "Mr. Edward Earl, Mr. John Cooper, Capt. Samuel Walker, Mr. William Lawrence Jun'r and Peter Vanest, being chosen by the Deputies; Captain Andrew Bowne, Mr. John Koyse, Captain John Bishop, Mr. Thomas Warne and Mr. Samuel Dennis, appointed by the Council, seven whereof shall be a Quorum " acting as Commissioners, to Sir Thomas Lane, Knight, our present Governor Jeremiah Basse, Esq. Mr. Thomas Hart Mr. Robert Waley, and Mr. John Loften, Merchants in London who were appointed Agents to act according to such instructions as they might receive from the Commissioners.-ED.

These be things friends and neighbours we thought fit to write unto you Hoping youle Joyne wth us in Hindering the execution of so unreasonable an act and to remonstrate our Grievances.

We are your ffriends

Signed by order of ye Towne of NEWARKE

Aprill ye 21: anno: 1669: NATHANIELL WARD, Clerk. Aprill ye 21st 1699 Signed By Order of ELIZA: TOWNE SAMLL WHITEHEAD Clerke

Aprill 25th 1699

Signed By order of PERTH AMBOY

JOHN BARCLAY Clerk.

Earl of Bellomont to the Lords of Trade.

[From N. Y. Col. Docts., Vol. IV, p 521.]

To the Right Honourable the Lords Commissioners for Trade and Plantations.

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* To confirme your Lordships in the maintenance of the Port of New Yorke against the pretentions of the Proprietors of East Jersey, I send your Lordships the copy of the Duke of York's letter to Colonel Dongan when Governour of New Yorke' which accidentally has fallen into my hands. 'Tis copyed by M. Spragg then Secretary of this Province, and I believe it is a true one. This letter shows that the Duke of Yorke was tender of the priviledges of New York in that respect and that he rejected the pretensions of the said Prorietors to have freedome of Port at Perth Amboy, in East Jersey * BELLOMONT. New Yorke May the 15th 1699.

* *

1 See Page 475 of Volume I of this series.-ED.

Proclamation of Governor Basse against certain immigrants from Scotland.

[From P. R. O. B. T., among West Indies, Vol. 383.]

By yeHonble Jeremiah Basse Esq'Gov" of his Majesties Provinces of East & West Jersies.

A PROCLAMATION.

WHEREAS by a Letter from White Hall dated ye 2 of January last past directed to me from ye Honble James Vernon Esq' one of his Majesties principal Secretaries of State, I am given to understand that severall Shipps of force have been fitted out in Scotland, with design, (as some of yo Adventurers therein have declared) to settle themselves in some part of America, and that the Enterprise hath bin laid and Contrived, & is now effectually carried on by Projectors and Undertakers without their Acquainting of his Majesty with their Intentions; So that his Majesty cannot but look upon such an undertaking to tend to ye Breach of Peace with his ffriend & Ally ye King of Spain, & to Militate against ye Treaties his Majesty hath entered into with that Crown, & of dangerous consequence also to his Majesties Colonies in y West Indies;

These are therefore in his Majesties name, & in pursuance of his Majesties Commands signifyed to me in ye said Letter strictly to prohibit & forbid all & every his Majesties Subjects, & others Inhabiting within this Gov'mn' to hold any Correspondence or to give any Assistance, Aid, or Reliefe whatsoever to any of said Shipps, or to any Person, or Persons concerned therein while they are engaged in yo afores" Enterprise; or to Transport, or carry, or cause, or suffer to be Transported, or carried any Armes Ammunition, Provisions

or other necessaries whatsoever out of this Province either in their own Vessells, or in any other Shipps, or vessells for ye use of ye said Shipps, or Persons, or any of them, as they do tender his Majesties Pleasure & Service, and will answer ye Contrary at their Peril.

Given at Burlington ye 25th day of May Anno R R Gulielmi Tertij Angt & Undecimo: Annoq Dom' 1699.

Letter from the Towns of Newark, Elizabethtown, Perth Amboy and Freehold to the Proprietors, condemning Governor Basse.

[From P. R. O. B. T., Proprieties, Vol 6, D 28.]

Worthy Gentl.

The Representatives of this Province of East New Jersey, haveing made an address to Jeremiah Bass Wherein as we are informed, they Tell him he has Spent his Estate in Endeavouring the good of the Province, and they hope he will long continue theire Governour; with much more the like fullsome fflatteries. Wee think it our duty to Informe Your Hon"; That address was made and Passed, by A Number of his own Creatures in the house, and that it is Very Farr, from being the Sentiments of the Generallity of ye Province, that he has Spent any money for their good; and as farr from their desires, that he may continue their govern! for instead of Keeping up the hon of Governm as was his duty, he has upon all Occasions basely Prossituted it; Which to Instance were but to recount all his Acts of Governmţ Wherein it was Possible for him So to do. Wee owe the Unhappy circumstances Our Port lies under to his Cowardize and

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