"CHAPTER XVI.

"That no man, nor number of men upon earth, hath power or authority to rule over men's consciences in religious matters; therefore, it is consented, agreed and ordained, that no person or persons whatsoever, within the said province, at any time or times hereafter, shall be anyways, upon any pretence whatsoever, called in question, or in the least punished or hurt, either in person, estate or privilege for the sake of his opinion, judgment, faith or worship towards God, in matters of religion; but that all and every such person and persons may, from time to time, and at all times, freely and fully have and enjoy his and their judgments, and the exercise of their consciences in matters of religious worship throughout all the said province."

"CHAPTER XXV.

"In case any of the proprietors, freeholders or inhabitants, shall anywise wrong or injure any of the Indian natives there, in person, estate or otherwise, the commissioners are to take care, upon complaint to them made, or any one of them, either by the Indian natives or others, that justice be done to the Indian natives and plenary satisfaction be made them, according to the nature and quality of the offense and injury: And that in all trials wherein any of the said Indian natives are concerned, the trial to be by six of the neighbourhood, and six of the said In

dian natives, to be indifferently and impartially chosen by order of the commissioners; and that the commissioners use their endeavour to persuade the natives to the like way of trial; when any of the natives do anyways wrong or injure the said proprietors, freeholders or inhabitants, that they choose six of ! the natives and six of the freeholders or inhabitants, to judge of the wrong and injury done, and to proportion satisfaction accordingly."

Having promulgated this excellent Charter, the trustees and Byllinge now proceeded to effect partition with Sir George Carteret, which they did by deed quintipartite, dated July 1st, 1676, fixing the dividing line as shown in the following extract of a letter from them to

Richard Hartshorne:

"We have divided with George Carteret and have sealed deeds of partition, each to the other; and we have all that side on Delaware River from one end to the other; the line of partition is from the East side of Little Egg Harbor, straight North, through the country, to the utmost branch of Delaware River, with all powers, privileges and immunities whatsoever: ours is called New West Jersey, his is called New East Jersey.

2d. "We have made concessions by ourselves, being such as Friends here and there (we question not,) will approve of, having sent a copy of them by James Wasse; there we lay a foundation for after ages to understand their liberty as men and Christians, that they may not

be brought in bondage, but by their own consent; for we put the power in the people, that is to say, they to meet and choose one honest man for each propriety who hath subscribed to the concessions; all these men to meet as an assembly there, to make and repeal laws, to choose a governor, or a commissioner, and twelve assistants, to execute the laws during their pleasure; so every man is capable to choose or be chosen: No man to be arrested, condemned, imprisoned or molested in his estate or liberty, but by twelve men of the neighbourhood: No man to lie in prison for debt, but that his estate satisfy as far as it will go, and be set at liberty to work: No person to be called in question or molested for his conscience, or for worshiping according to his conscience; with many more things mentioned in the said conces

we have in any one thing improved the theory and principles."

The sons of the second Richard Smith, "induced by the grateful prospect of religious freedom after long oppression," removed to America, (with one exception, that of Benjamin, who died single in England,) at various times from 1677 to 1699. John, the eldest, was the first to emigrate, in 1677, and to him was allotted No. 9 of the city lots in Burlington, on which lot, after his death, his next brother, Daniel, built one of the oldest mansions in Burlington, still standing. Daniel, Joseph and Emanuel followed John, in 1691; next came Samuel, and lastly, in 1699, Richard.

The value of seven thousand pounds in goods was paid to the Indians in final satisfaction of their claims, by the hundred proprieties; this gives seventy pounds per share, which being added to first cost, makes the full cost of the proprieties of Richard Smith and his eldest sons, something over four hundred pounds apiece. Their titles covered lands in various parts of West Jersey, on the Rivers Delaware, Mesconetcong, Rancocas and Egg Harbor.

HE commissioners appointed by Byllinge's trustees, the London and Yorkshire proprietors, left England in the ship Kent, Gregory Marlow, master, early in 1677, "being the second ship from London to the western parts." When about leaving the Thames, we read that "King Charles II.," (being) "in his barge, pleasuring on the Thames, came alongside," (and) "seeing a great many passengers, and" (being)" informed whence they were bound, asked if they were all Quakers, and gave them his blessing." "They arrived at New Castle the 16th of the sixth month, O. S., and landed their passengers, two hundred and thirty in number, about Rackoon creek, where the Swedes had some scattering habitations, but they were too numerous to be all provided for in houses; some were obliged to lay their beds and furniture in cow-stalls, and appartments of that sort; among other inconveniences to which this exposed them, the snakes were now plenty enough to be frequently seen upon the hovels under which they sheltered: Most of the passengers in this ship were of those called Quakers—some of good estates in England." It is likely that our young pioneer-proprietor, John Smith, (who was one of the passengers

by this ship,) with the modesty proper to youth, took his chance with those who thus "camped out," and so got his first taste of the roughness of the new home. "The commissioners had before left them, and were, by this time, got to a place called Chygoe's Island," from Chygoe, an Indian sachem, who lived there, (afterwards Burlington,) their business being to treat with the Indians about the land there, and to regulate the settlements, having not only the proprietors', but Governor Andros' commission for that purpose; for in their passage hither they had first dropped anchor at Sandy Hook, while the commissioners went to New York to acquaint him with their design; for though they had concluded the powers they had from the proprietors were sufficient to their purpose, they thought it a proper respect to the Duke of York's commission, to wait on his governor upon the occasion; he treated them civilly, but

* A late lecturer (W. A. Johnson, 1870,) has advanced the theory that Samuel Smith was stating a mere conjecture when he wrote of the Indian sachem Chygoe; that there was no such sachem, and that the owner of the island was Pierre Jegou, a Frenchman. Yet Jegou, in his own description of his property, makes it over against Matinagcom Island and Burlington."(!) If opposite Burlington, it evidently could not be in Burlington. I prefer the authority of the ancient and accurate historian.

† Governor under the Duke of York.

asked them if they had anything from the duke, his master? they replied, nothing particularly, but that he had conveyed that part of his country to Lord Berkeley, and he to Byllinge, etc., in which the government was as much conveyed as the soil. The governor replied: 'All that will not clear me; if I should surrender without the duke's order, it is as much as my head is worth; but if you had but a line or two from the duke, I should be as ready to surrender it to you as you would be to ask it.' Upon which the commissioners, instead of excusing their imprudence in not bringing such an order, began to insist upon their rights, and strenuously to assert their independency : But Andros, clapping his hand on his sword, told them that should defend the government from them till he received orders from the duke, his master, to surrender it; he, however, softened, and told them he would do what was in his power to make them easy till they could send home to get redress; and, in order thereto, would commissionate the same persons mentioned in the commission they produced. This they accepted, and undertook to act as magistrates under him till further orders came from England, and proceed in relation to their land affairs according to the methods prescribed by the proprietors."

The lands now purchased from the natives by the commissioners extended from Oldman's Creek, the northern boundary of the Salem tenth, through the later divisions of Gloucester, Camden,

Burlington and Mercer Counties, to the Falls of Delaware and the Assunpink Creek. The lands on the Raritan and Musconetcong were bought in 1703.

"Having traveled through the country and viewed the land, the Yorkshire commissioners, Joseph Helmsley, William Emley and Robert Stacy, on behalf of the first purchasers, chose from the Falls of Delaware down, which was hence called the first tenth; the London commissioners, John Penford, Thomas Olive, Daniel Wills and Benjamin Scott, on behalf of the ten London proprietors, chose at Arwaumus, (in and about where the town of Gloucester now is); this was called the second tenth. To begin a settlement there, Olive sent up servants to cut hay for cattle he had bought. When the Yorkshire commissioners found the others were like to settle at such a distance, they told them if they would agree to fix by them, they would join in settling a town, and that they should have the largest share, in consideration that they (the Yorkshire commissioners), had the best land in the woods: Being few, and the Indians numerous, they agreed to it. The commissioners employed Noble, a surveyor, who came in the first ship, to divide the spot. After the main street was ascertained, he divided the land on each side into lots; the easternmost among the Yorkshire proprietors, the other among the Londoners. To begin a settlement, ten lots of nine' acres each, bounding on the west, were laid out; that done, some passengers from

Wickaco, chiefly those concerned in the Yorkshire tenth, arrived the latter end of October. The London commissioners also employed Noble to divide the part of the island yet unsurveyed, between the ten London proprietors, in the manner before mentioned: The town thus by mutual consent laid out, the commissioners gave it the name, first of New Beverly, then Bridlington, but soon changed to Burlington."

After giving a list of the heads of families, passengers by the Kent, Samuel Smith continues:

"John Wilkinson and William Perkins* were, likewise, with their families, passengers, but dying on the voyage, the latter were exposed to additional hardships, which were, however, moderated by the care of their fellow-passengers. Perkins was, early in life, convinced of the principles of those called Quakers, and lived well in Leicestershire, but seeing an account of the country wrote by Richard Hartshorne, and forming views of advantage to his family-though in his fifty-second year-he, with his wife, four children and some servants, embarked in this ship. Among the latter," (servants,)" was one Marshall, a carpenter, particularly serviceable in fitting up habitations for the new-comers; but, it being late in the fall when they arrived, the winter was much spent before the work was begun; in the interim they lived in wigwams, built after the manner

* Maternal grandfather to the wife of Richard Smith, the fourth.

of the Indians. Indian corn and venison, supplied by the Indians, was their chief food. These people were not then much corrupted with strong liquors, but generally very friendly and helpful to the English; notwithstanding it was thought endeavours had been used to make them otherwise, by insinuations that the English sold them the small-pox in their match-coats. This distemper was among them, and a company getting together to consult about it, one of their chiefs said: 'In my grandfather's time the small-pox' came, in my father's time the small-pox came, and now in my time the smallpox is come.' Then, stretching his hands towards the skies, said: 'It came from thence.' To which the rest assented."

Thomas Budd, an early settler, reports this speech more at length; it was addressed to the English, as follows: "You are our brothers, and we are willing to live like brothers with you; we are willing to have a broad path for you and us to walk in, and if an Indian is asleep in this path, the Englishman shall pass by and do him no harm; and if an Englishman is asleep in this path, the Indian shall pass him by, and say, ‘lie is an Englishman, he is asleep; let him alone, he loves to sleep.' It shall be a plain path; there must not be in this path a stump to hurt our feet. And as to the small-pox, it was once in my grandfather's time, and it could not be the English that could send it to us then, there being no English in the country. And it was once in my father's time,