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New Jersey, in behalf of themselves and the rest of the Proprietors of both those Divisions; Which Draughts they have Unanimously approved; And, in Confidence that Your Majesty will be graciously Pleased, accordingly, to Constitute a Governor, over those Countrys, they have declared themselves willing and ready to Surrender all their Right, or pretence of Right, to Government, which they have hitherto claimed.

Whereupon, We humbly represent to Your Majesty that the reducing those Colonies to an Orderly Form of Government, under a Governor Constituted by Your Majestys immediate Commission, will be of great Service to Your Majesty, in preventing illegall Trade, and the Harbouring of Pirates, and will be of good influence, throughout the other Plantations. And We humbly offer that Mr Attorney General be directed, forthwith, to Prepare a Form of Surrender of their said Right, or Pretence of Right, to Goverment, which may be most effectual to the extinguishing their said Pretensions, and present the same to Your Majesty.

And Whereas they have desired that the first Governor, to be thus appointed by Your Majesty, may be a person fitly Qualified for that Service, But cannot Agree in the Recommendation of any Particular Person, We humbly propose that, when the Surrender shall be made, Your Majesty would be Pleased to Nominate some Person, wholly unconcern'd in the Factions. which have divided the Inhabitants of those Parts. All which, nevertheless, is most humbly Submitted. Wm Blathwayt. John Pollexfen.

Whitehall

Janu the 6th

170

Stamford.
Ph. Meadows.
Abr. Hill.

Mat Prior.

From the Council to the Lords of Trade, enclosing the

Attorney General's draft of the surrender of the Government of East and West Jersey for the signatures of the Proprietors.

[From P. R. O. B. T. Proprieties, Bundle G. H. I. & K, H. 8.]

Order of Council upon ye Draught of a Surrender of Govt prepared by Mr Atty Gen! to be executed by ye Proprietors of East & West New Jersey.

At the Court at Kensinton the 29th of January 1701 [1701-2]

Present.

THE KINGS MOST EXCELLENT MAY IN COUNCILL. Vpon reading this day at the Board a Report from M: Atturny Generall, with the Form of a Surrender, Prepared by him, to be made by the Proprietors of the Provinces of East and West New Jersey in America, to His Ma, of all their Right or Pretence of Right to the Government they have hitherto Claimed of the said Provinces, His May in Council Approving the same, is pleased to Order that the said Form of a Surrender, which is hereunto annexed be, as the same is hereby Referred to the Lords Comms of Trade and Plantations, who are to Call upon the said Proprietors to Execute the said Surrender according to the said Forme.

JOHN POVEY

Lords of Trade to Lord Cornbury.

From N. Y. Col. Docts: Vol. IV, p 948.1

To the Rt Honble the Lord Viscount Cornbury. My Lord.

Whereas your Lordship is commissionated to take

upon you the Command of the Militia of East and West New Jersey, and to be Vice Admiral of the same; and these Colonies having been and continuing to be without any settled. Government, your Lordship is to cause the High and Mighty Princess Anne to be proclaimed Queen of England, Scotland, France and Ireland and all the Dominions thereu[n]to belonging & in the most solemn manner and most proper places of those Colonies, to the End there may be no failure there in the speedy acknowledging her Majestys Title and Authority, and for your information we further send you.

Her Majestys declaration at her first sitting in Privy Council.

Her Majestys Proclamation for continuing all officers &c.

The Address of the House of Lords to her Majesty. The Address of the House of Commons to her Majesty and

Her Majesty's speech to both Houses of Parliament. You are upon this occasion to assure all Her Majesty's subjects in those Colonies of her Majesty's especial care and Protection and to exhort them to do on their parts what is necessary for their security and defence in the present con uncture, and you are to return a speedy account of your proceedings therein. We are My Lords

Your Lord's most humble Servants

Whitehall

March the 20, 1702.

STAMFORD

LEXINGTON

WY BLATHWAYTE

JNO POLLEXFEN

MATT: PRIOR

Surrender of the Government of East and West Jersey to the Crown.

[From copy of the Attorney General's draft in P. R. O. B. T. Proprieties, Bundle G. H. I. & R. H. 8. Compared with an official copy from the Rolls of the High Court in Chancery, and Smith's History of New Jersey, pp. 215-219.]1

Surrender from the Proprietors of EAST and WEST NEW JERSEY, of their pretended Right of Government to Her Majesty.

Whereas his late May King Charles the Second by his Letters Patents under the Great Seale of England bearing date at Westminster on or about the Twelfth day of March in the Sixteenth Yeare of his Reigne Did Give and Grant to James then Duke of Yorke his heirs and assigns All that part of the Main Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New Scotland in America, and from thence extending along the Sea Coast unto a certain Place called Pemaquod or Pemaquid and so up the River thereof to the farthest head of the same, as it tendeth Northwards, and extending from thence to the River of Kinebiquie, and so upwards by the shortest Course to the River Canada Northward, And also All that Island or

1 The draft of this document was submitted to the King in Council, January 29th, 1701-2, by the Attorney General, as shown by the Order of Councill under that date, and, having been approved, was referred to the Lords of Trade for execution. The draft as reported is of record in the Public Record Office, London, as stated in the above heading, but the death of King William, which occurred early in March, prevented immediate action. It was finally executed on 15th April, 1702 and accepted by Queen Anne on the 17th. (See succeeding document). As the death of the King occasioned some slight changes of phraseology, the document is here given as recorded in the Public Record Office after comparison with, and being corrected by, a certified copy from the rolls of the High Court of Chancery, in the library of the New Jersey Historical Society. Smith's History of New Jersey was also compared with the two records, all three varying in some, although not important, particulars. The surrender in substance had been acceded to by the Proprietors in the Province in 1701. (See document under date of June 19th, 1701).—ED.

Islands com'only called by the severall Name or Names of Mattowacks or Long Island seituate lying and being towards the West of Cape Codd, and the Narrow Higansets Abutting upon the Main land between the Two Rivers there called or known by the severall Names of Connecticut and Hudsons River, together also wth the said River called Hudsons River, And all the land from the West side of Connecticut River to the East Side of Delaware Bay, and alsoe All those severall Islands called or knowne by the Names of Martins Vinyard and Nantucks or Nantucket, Together with all the Lands Islands Soyles Rivers Harbours Mines, Mineralls, Quarryes, Woods Marshes Waters Lakes ffishings, Hawking Hunting and Fowling and all other Royaltyes profits Comodityes and hereditamts to the said severall Islands Lands and premisses belonging and appertaining wth their and every of their appurtences To have and to hold all and singular the said Lands Islands and hereditamts with their and every of their appurten'ces to the said James Duke of Yorke his heirs and Assignes for ever, To be held of the said King his heirs and Successors as of his Mannor of East Greenwich in Kent in free and Com'on Socage and not in Capite or by Knights Service YEILDING AND RENDRING therefore yearly and every yeare Forty Beaver Skins when demanded or within Ninety days after, And by the same Letters Patent the said late King Charles the Second for himselfe his heirs and Successors Did Give and Grant to the said James Duke of Yorke his heires Deputyes Agents Commissioners and Assigns full and absolute Power and Authority to Correct, punish Pardon Govern and Rule all such Subjects of the said King his heirs and Successors as should from time to time adventure themselves into the Parts and Places aforesaid or that should at any time then after inhabit within the same according to such Laws, Orders, Ordinances, directions and Instru

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