[Enclosed in the foregoing letter.]

Persons Recommended by ye Majority of the Proprietors of the Province of East and West Jersie to be of ye Councill in New Jersie.

the Board may be Inform'd of ye characters of Persons in that Country by

St Edmond Andross Coll Joseph Dudley Capt" Jasper Hicks Capt" Christopher Billop Capt" James Thomas M' Adolph Phillips M James Mills Mr Thomas Palmer the Reverend George Keith:

Memorial of Jeremiah Basse to the Lords of Trade, asking to be heard before any final decision, as to the Surrender of the Government of East & West Jersey.

[From P. R. O. B. T., Proprieties, Vol. 6, G. 35 ]

TO THE RIGHT HONOR THE LORDS COMMISSES OF

TRADE &

THE HUMBLE Memorial of J Bass on the behalfe of His Majesties Province of East Jersie.

May itt please Your Lordsh*.

Being Informed that some few of the Proprietors of the Jersies have made some proposals of surrendring their Pretentions to that Government vnto his Majesty, & have also petitioned for the Aprobation of their late Governor Hamilton but not being aqvainted with the termes of their Surrender or the contents of the saide petition I must humbly move on the behalfe of the saide Inhabitants least theare should be any thing thearin that may be derogotary to their just rights & interests that your Lordships would be pleased to Order Me Coppys boath of the saide Pretended Articles of Surrender & Petition that I may advice with Councill on the same & that your Lordships would be pleased to Allow me time if theare should appeare any thing contrary to the Interests of the Inhabitants to give in Reasons against either the saide Articles or Petition. This my Lords I am the rather Induced to Request of your Lordships in that I am advised by Council Learned in the Law That these Pretended proprietors of the Jersies have no Legal Title to the saide Government of the Jersies.

Because. The Grant of Government from King Charles the Second to James Duke of Yorke & of the Jersies togeather with a much larger tract of Land was a personal trust & not by law Assignable to any others. The Grant from the saide James Duke of Yorke & to the the Proprietors of the Jersies of the saide Government ought to have passed to them All the whole extent of the land Mentioned in the Original Grant from Kinge Charles the Second & not have devided the same into Three distinct & independent Goverments as by the pretended grants to the Proprietors their Heirs & Assigns is apparant.

If the saide powers of Government May be Legaly boath Assigned & Divided The saide pretended Proprietors have no legal right to dispose of the same They being butt some part of those Gentlemen Grantees of the said Government & conveyed to them Joyntly with several Others who are not aqvainted with much less consenting to the saide pretended articles of Surrender, from which reasons and many more to tedious to trouble your Lordships with the recital of I am advised that the said Proprietors ought not to pretend to the nomination of any person to Your Lordships as Governor of the saide Provinces much Less the saide Andrew Hamilton Esq' who Not being a native borne Subject of England Ierland nor the Plantations is by Council Learned in the Law Deme'd to be vnqualified for the said trust by the Act made in the Seaventh & Eigth years of his majesty for the Regulation of the plantation trade In that The Governors of any of the Provinces have not onely the Com'isionating the Naval Oficers to take care of the Plantation trade butt Have also the Heareing & determining of all Causes by Appeale from any of the Lower Courts whearein the breaches of the saide Acts of trade & plantations are more perticulerly complained of & tried: & the saide Act doth Expresly provide That all places of Trust in

the Courts of Law or what Relats to the Treasurie in the saide Islands shall from the makeing this Act be in the hands of the Native borne Subjets of England Ireland or the saide Islands, so that Not onely this clause but the whole designe & end of the Act being to Keepe the trade of the Plantations intirely in a dependance on England & the great cause of makeing itt being the Continued complaints of an Illegall trade Carried on by Scotchmen to Scotland Holland Curasoe & & connived att by Such as vare in Authority an Instance wheareof I am informed was given by Edward Randolph Esq' Survey Gen" of his Majestys Customs & in this very Gentlemans open countenancing & abbeting on William Righton in bringing Scotch goods & into the provinces of the Jersies of which he was att that time Governor. I would humbly intreat your Lordships that I may be heard by my selfe & councill before your Lordships doe make any finall Report on the Articles or Petition of the saide Proprietors. [September 30th 1701]

J BASS

Lords of Trade to the Lords Justices, relating to the Surrender of the Governments of East & West Jersey by the Proprietors.

[From P. R. O. B. T., Proprietors, Vol. 27, p 244.]

TO THEIR EXCELLENCIES THE LORDS JUSTICES

May it please your Excellencies;

In obedience to your Excellencies Commands signified to Us by M: Yard, upon severall Papers laid before your Excellencies relating to the State of his Majesties Provinces of East and West New Jersey in America.

We have considered all the said Papers togeather

with others of the like nature that were already in our hands, and having like wise heard what the Proprietors and others had to offer. We thereupon most humbly report to your Excellencies

That these Countrys which are now known by the name of East and West New Jersey were granted, together with Severall other Territories by King Charles the Second by Letters Patents bearing date the 12th day of March 1664 to the then Duke of York, his heirs and assigns, Together with full and absolute power and authority to him, his Heirs, Deputies, Agents, Commissioners & Assignes, to Correct, punish, pardon, govern and rule all such persons as did then or should at any time thereafter reside within the said Territories according to such Laws, Orders, Ordinances, Directions and Instructions as by the said Duke of York or his Assigns should be Established, and with Several other Clauses relating to the Goverm' and defence of the same.

That the said Duke of York did thereupon grant, carry & Assign the said Provinces (by the name of Nova Caesaria or New Jersey) to John Lord Berkley and S George Carteret their Heirs and Assignes, wth all and every the Appurtenances thereto belonging, in as full & ample manner as the same were granted to him by the foresaid Letters Patents of King Charles the 2d

That his said Majesty King Charles the second by other Letters Patents, Dated the 29th of June 1674, did again grant and convey to the said Duke of York, all the said Lands and Territories in the same manner as before expressed; And that Severall Subdivisions and Sales having in the mean while been made by the said Lord Berkeley, S George Carteret and others claiming under them He the said Duke of Yorke did by Indenture dated the Sixth day of August 1680, Grant and Confirm the Province of West New Jersey, with all