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To y 3 This Article is particular, but notoriously false, for King James haveing some Months before the late happy Revolution, Seiz'd the Government of this and the neighbouring Provinces, and put them all Under the Com'and of St Edmond Andros, the proprietors durst not Exercise any Government over East Jersey, and St Edmond Andros being upon the first news of the Revolution, imprison'd at Boston, All those American Colonys were in great Confusion for some time, but when the Government of England was setled, and the Proprietors restored to their former Right, the Proprietors first appointed John Tatham Esq, and afterward Coll Dudley' (now Deputy Govern. of the Isle of Wight) to be Govern of this province, whom the people Scrupling to Obey, the Proprietors appointed Coll Hamilton to be their Govern; who was Accepted by them, and Administred the Government both Civill and Military severall years to the Generall satisfaction even of the Pet's themselves, The Proprietors insist they ought not to be Answerable for the Vacancy of Government Occasioned by King James his seizure of it, or by the Peoples refusall to Obey M2 Tatham and M Dudley whom the Proprietors had Commissionated, and if this could be imputed to the Proprietors, the Pets had shown more Duty to the King, and Lesse Malice to the Proprietors, if they had been Earlier in their Complaint, and not have deferred It for Seven Years after the Offence (If It be one) committed. A Militia has been long established in the province, and Mustered and Exercised four times every Year, and by a Standing Law there every Inhabitant is Obliged to provide himselfe with a Gun well fixed, sufficient Powder and Bullet, Under the Penalty of a fine whensoever he is found without them They confesse they have not provided Arms or Amunition for this Militia, because ye King himselfe doth not provide them for the Militia of England, or of his

own Colony of New York. As to the latter part of this Article y Propriet's declare they have some times caused Lands to be Surveyed before they purchased it of the Indians, which is no damage to the Indians but they never pretended to settle any Lands till after the purchase of It, from the Indians; nor did the Indians of their own accord make any Complaint, but have been influenced to doe soe by the Petition's that they may have a Colour to defraud the Propriets of their Quit-Rents, and bring their title from the Crowne into Contempt.

To ye 4th The Propriet" acknowledging that Coll Hamilton a Native of Scotland being Govern of East New Jersey, when an Act of Parliament in the Seventh & Eigth years of his now Majesty's Raign, intituled, An Act for, preventing frauds & Regulateing abuses in the Plantation Trade, was made, they were by some Expressions in that Act, misled into a belief, that a Scotchman was disabled to Execute the Office of Govern and therefore to avoid Committing any Offence against that Act, did' Constitute Jeremiah Basse Govern of this Province, who being presented to, and as M Basse informed them, approved of by his Majesty, the Proprietors in confidence thereof, wrote such Account of It to the Inhabitants as is Suggested by this Article; But M Basse haveing noe Instrument in Writing Expressing the Kings Approbation, was opposed in his Administration by many of the Inhabitants, and amongst others, by some of the now Pets and Coll Hamilton came over to England about his own private affairs. After whose Arrivall the ProprietTMs having the Opinion of his Majesty's Attorney & Sollicito! Generall of this Kingdome, that Scotch men were Naturall Born Subjects of England and not disabled to Execute the Office of Govern! and receiving an Addresse from great Numbers of the Inhabitants representing the Abilitys and Acceptable

nesse of Coll Hamilton in that Station, which Mr Basse had left, and returned to England, and praying Coll Hamilton might be restored, the Proprietors Constituted him Govern by a new Commission, & endeav'ed to Obtaine an Approbation of him by the King, but his Majesty haveing a little before that time, by advice of Your Lordships, directed a Tryall at Law for deciding the Right of Goverment, Your Lordships Scrupled to admitt a positive Approbation of him, because it might seem an Owning of the Proprietors Title then in Question; Yet were pleased to declare, that yo! Lordships did not intend it as an Inhibition to the Proprietors from Exercising ye Government till the Right was determin'd, (being very Sensible that the Country could not Subsist in peace without It) and that Coll Hamilton governing according to the Laws of England, the Proprietors would be safe in Com'issionating him, and he in acting under their Com'ission. This was Communicated by Coll Hamilton at his Arriuall there, to the Inhabitants, who were generally inclin❜d to Obey him, but the Petit entertaining a belief that if the Government be Evicted or taken from the Proprietors, their Interest in the Soyle and QuitRents, which are their Civill and personall Rights, must fall with It, laid hold of this want of the Kings Actuall Approbation of Coll Hamilton, Opposed him with Armes, and now Arraign the Proprietors of neglecting to provide for the Government, which themselves have rejected.

The Proprietors conceive the latter part of this Article deserves no particular Answer, being fully cleared by the Opinions of the Attorney and Sollicitor Generall; and therefore only offer to your Lordships Consideration, that the Secretary and Attorney Generall of this Province, and the Clerk of the Supream Court mentioned by the Petitions have been many yeares, Inhabitants there, and though they are Scotch

men by Nation, are Englishmen by their Interest, having embarked their whole Estates in the Prosperity of this Colony.

The Proprietors hopeing they have fully answered the Petitions Remonstrance, wherein they humbly Submitt to Yo! Lordships Judgment, now crave leave to Acquaint your Lordships, that they and ye Propriet of West New Jersey had before this Complaint arrived Unanimously agreed to Surrender the Government of both Provinces to his Maj", Under such termes, and Conditions as they are advised are proper, and this Remonstrance now makes necessary, for preservation of their Civil Rights, which proposalls they are ready to deliver to yo! Lordships, and doubt not yo' Lord'pps Approbation of them.

Signed by Order & on behalfe of ye Proprietors of the Province of East-New-Jersey. 90 x 1700.

WM DOCKWRA,

Secr & Reg!

Jeremiah Basse to the Lords of Trade.

[From P. R. O. B. T. Proprieties, Bundle E & F, 51.]

Mem! from Mr Bass, desiring a copy of the answer of y Proprietors of East New Jersey to the Remonstrance of ye sd Province

To

THE HONORABLE THE LORDS COMISS OF TRADE AND FORREIGNE PLANTATIONS

May it Please your Lordships

Being informed by some of the Proprietors that they have not onely put in an Awnswer to the Petic'on

preferred by the Inhabitants of the Province of East Jersie against them but that they have also (on termes) proposed to Surrender the Government to his Majesty. I would in the behalfe of the Saide Inhabitants humbly Request of your Lordships that a Coppy of the saide Awnswer &c. may be deliuered that On their behalfe I may endeavor to procead to proue by Oath the Allegations in the saide Petition If by them denied And be enabled to make any reasonable Objections against the Saide termes of Surrender If inconsistent either with the Interest of his Majesty or the Propertys of the Saide Inhabitants, & your Orators on their behalfe Shall humblie &c. J. BASS

Secretary Popple to William Dockwra, asking for the transmission of the proposed surrender of the government of East Jersey.

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The Answer of the Proprietors of East New Jersey to the Remonstrance and Petition of the Inhabitants of that Province having been read to the Lords Commission's for Trade and Plantations. Their Lord's have Commanded me to dessire you to lay before them the Proposals relating to the Surrender of the Government both of East and West New Jersey which you mention in the end of the said Answer That they may have the whole matter before them, in order to their Considering the Same and Reporting thereupon as they shall find necessary.

Whitehall

Decemb! 17, 1700

W. P.

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