THE GRANT OF 1680
[The Duke of York's Second Grant to William Penn, Gawn
Lawry, Nicholas Lucas, John Eldridge, Edmund Warner, and Edward
Byllynge, for the Soil and Government of West New Jersey --
August 6, 1680.]
THIS INDENTURE made the sixth day of August, Anno
Domini, 1680, and in the two and thirtieth year of the reign
of King Charles the Second, over England, &c. between his
Royal Highness, James Duke of York, and Albany, Earl of
Ulster, &c. and brother to our Sovereign Lord the King, of
the one part; Edward Byllynge of Westminster, in the County
of Middlesex, gentleman; William Penn, late of Rickmansworth,
in the county of Hertford, and now of Warminghurst, in the
county Sussex, Esq; Gawen Lawry, of London, merchant;
Nicholas Lucas, of Hertford, in the said county of Hertford,
maulster, John Eldridge, of St. Pauls Shadwell, in the County
of Middlesex, tanner, and Edmond Warner, citizen of London,
of the other part. WHEREAS our Sovereign Lord the King's
Majesty in and by his Letters Patent, under the great seal of
England, bearing date the twelfth day of March in the
sixteenth year of his said Majesty's reign, did (amongst
several other things therein mentioned ) give and grant unto
his said Royal Highness, the said James Duke of York, his
heirs and assigns, all that tract of land adjacent to New
England, in the parts of America, and lying and being to the
westward of Long Island, and Manhattas Island, and bounded on
the east part by the main sea, and part by Hudson river, and
hath upon the west Delaware bay or river, and extendeth
southward, to the main ocean, as far as Cape May, at the
mouth of Delaware bay, and to the northward, as far as the
northermost branch of said bay or river of Delaware, which is
in one and forty degrees, and forty minutes of lattitude, and
crossing over thence in a straight line to Hudson's river, in
one and forty degrees of lattitude. Which said tract of land
was then after to be called by the name of New Caesarea, or
New Jersey, with all the lands, island, soiles, rivers,
harbours, mines, minerals, quarries, woods, marshes, waters
lakes, fishings, hawkings, huntings, and fowlings, and all
other royalties, profits, commodities, and hereditaments,
unto the said premises belonging and appertaining; with
their and every of their appurtenances, and all his said
Majesty's estate, right, titles, interest, benefit,
advantage, claim and demand of, in and to the same premises,
or any part or parcel thereof, and the reversion and
reversions, remainder and remainders, together with the
yearly and other rents, revenues and profits of the same, and
of every part and parcel thereof, to hold unto his said Royal
Highness, the said James Duke of York, his heirs and assigns
for ever, to be holden of his said Majesty, his heirs and
successors, amongst other things therein granted, as of his
Majesty's mannor of East Greenwich, in his Majesty's county
of Kent, in free and common soccage, and not in capite, by
knight service, and under the yearly rent therein mentioned.
And whereas his Royal Highness the said James Duke of York,
did heretofore by several good and sufficient conveyances and
assurances, under his hand and seal, duly executed, and dated
the three and twentieth and four and twentieth days of June,
in the sixteenth year of his said Majesty's reign, for the
consideration therein mentioned, grant and convey the said
tract of land, and premises before mentioned, unto John Lord
Berkley, Baron of Stratton, and one of his Majesty's most
honourable privy Council, and their heirs, the said tract of
land and premises before particularly mentioned, and the
reversion and reversions, remainder and remainders of the
same, to hold unto the said John Lord Berkley, and Sir George
Carteret, their heirs and assigns forever, under the yearly
rent of twenty nobles sterling, payable as the same is
therein reserved to be paid. And whereas the said John Lord
Berkley, did afterwards convey all his full and undivided
moiety of all and singular the same premises, unto John
Fenwick, Esq; his heirs and assigns for ever, in trust, and
by the said John Fenwick owned to be in trust for the said
Edward Byllynge, his heirs and assigns for ever. And the
said John Fenwick, afterwards by the consent and direction of
the said Edward Byllynge, and also the said Edward Byllynge
did convey the said undivided moiety of the premises, unto
the said William Penn, Gawen Lawry, and Nicholas Lucas, and
their heirs, to the uses following, (that is to say) as to
ten equal and undivided hundred parts thereof to the use of
the said John Fenwick, and of his heirs and assigns forever;
and as to the other ninety equal and undivided parts being
the residue of the said undivided moiety, to the use of the
said William Penn, Gawen Lawry, and Nicholas Lucas, their
heirs and assigns forever, in trust for the said Edward
Byllynge, his heirs and assigns forever. And the said John
Eldridge, and Edmond Warner, did convey the same ten equal
and undivided hundred parts, unto the said William Penn,
Gawen Lawry, and Nicholas Lucas their heirs and assigns
forever, the better to enable them the said Edward Byllynge,
William Penn, Gawen Lawry, and Nicholas Lucas, to make a
partition of the said intire premisses, with the said Sir
George Carteret. And whereas afterwards upon a partition
made of the said whole and intire premisses, between the said
Sir George Carteret, and the said William Penn, Gawen Lawry,
Nicholas Lucas, Edward Byllynge, the said Sir George
Carteret, did bargain, sell, release, and confirmed unto the
said heirs and assigns forever, all that westerly part, share
and portion of the said whole and intire tract of land and
premisses as before mentioned, which is extending southward,
and westward, and northward, along the sea coasts, and the
before mentioned bay, or river, called Delaware bay and
Delaware river, unto a certain point there, now called the
south partition point, being the most southerly point of the
east side of a certain place, or harbour, lying on the
southern part of the said tract of land and premises, called
or known in the map of the said premisses, by the name of
Little Egg Harbour, unto a certain other point there, now
called the north partition point, being the most northerly
point, branch, or part of the said river, called Delaware
river; and from thence, that is to say, from the said north
partition point, extending southward unto the said south
partition point, by a streight and direct line drawn through
the said tract of land, from the said north partition point,
unto the said south partition point, by the consent and
agreement of the said parties, now called the line of
partition, and by them intended for the dividing and making a
partition of the said westerly part, share and portion, from
the easterly part, share and portion, of the said tract of
land and premises. And all and every the isles, islands,
rivers, mines, minerals, fishings, hawkings, huntings,
fowlings, and all other royalties, powers, franchises,
harbours, proffits, commodities, and heriditaments,
whatsoever unto the said westerly part, share and portion,
belonging or appertaining. And all the estate, right, title,
and interest, claim and demand whatsoever of him the said Sir
George Carteret, of, in, unto and out of the same, and the
reversion and reversions, remainder and remainders of the
same, and of every part and parcel: All which said westerly
part, share and portion, was then and now is by the consent
and agreement of the said parties, the said Sir George
Carteret, William Penn, Gawen Lawry, Nicholas Lucas, and
Edward Byllynge, called and agreed from thenceforth to be
called by the name of West New Jersey, and all that and only
all that part, share and portion, and all those parts, shares
and portions of the said tract of land and premises, so
conveyed by the said James Duke of York, unto the said John
Lord Berkley, and Sir George Carteret as aforesaid, as lyeth,
and lye extended westward and southword, from the west side
of the said line of partition before mentioned, To hold unto
the said William Penn, Gawen Lawry, and Nicholas Lucas, their
heirs and assigns, in severalty to the use of them, their
heirs and assigns forever. Upon which partition so made,
they the said William Penn, Gawen Lawry, and Nicholas Lucas,
became seized of all that westerly part of the said premises
as now called West New Jersey, with the appurtenances in
severalty. And being so seized pursuant to a trust for that
purpose reposed in them, they conveyed ten full equal
undivided hundred parts of the said westerly part of the said
premises, called West New Jersey, unto the said John
Eldridge, and Edmund Warner, and their heirs, to hold unto
them and their heirs, to the use of them and their heirs
forever. And the said William Penn, Gawn [sic] Lawry, and
Nicholas Lucas, remaining still seized of the other ninety
equal and undivided hundred parts of the said westerly part
of the said premises called West New Jersey, to them and to
their heirs forever, but always in trust for the said Edward
Byllynge, his heirs and assigns forever. And whereas since
the making and executing of the said conveyance so made by
his Royal Highness unto the said John Lord Berkley, and Sir
George Carteret, as aforesaid, and in the times of the late
war, between his said Majesty and the States of the United
Provinces of the Netherlands, the armies and subjects of the
said States General gained the possession not only of the
said premises, so by his said Royal Highness, conveyed unto
the said John Lord Berkley, and Sir George Carteret, as
aforesaid, but also of other the lands and hereditaments,
which were originally granted unto his said Royal Highness,
by his said Majesty's said Letters Patents hereinbefore
recited. All which were afterwards regained from the said
States, or by them delivered up unto his said Majesty. AND
WHEREAS his said Majesty did by other his Letters Patents,
dated the twenty-ninth day of June, in the six and twentieth
of his Majesty's reign, grant and convey unto his said Royal
Highness and his heirs forever, as well the said tract of
land and premises herein before recited to have been granted
and conveyed by his said Royal Highness, unto the said John
Lord Berkley, and Sir George Carteret, as aforesaid, as all
other the lands and hereditaments in and by the said herein
first before recited Letters Patents granted or mentioned to
be granted. AND WHEREAS by the said several grants so made
by his said Majesty unto his said Royal Highness as
aforesaid, several powers and authority are and were given
and granted unto his said Royal highness, his heirs and
assigns to be executed by his said Royal Highness, his heirs
and assigns, or by the deputies, agents or commissioners of
his said Royal Highness, his heirs or assigns, which, are
necessary as well for the planting, peopling and improving of
all and every the respective lands, places and territories
thereby granted, and for the transporting thither from time
to time, such of his Majesty's subjects as should be willing
to go or be transported into those parts, or any of them; as
for the defending, guarding and keeping of the same; as also
for the well governing of the same, and of all such as are or
shall be inhabitting in the same, and for the making,
ordaining, and executing of necessary and convenient laws and
constitutions, in order to such government, and the punishing
and pardoning offences, and offenders, as occasion shall
require; and to nominate, make, ordain, constitute and
confirm, and also to revoke, discharge, change and alter all
and singular governors, officers, and ministers, which by his
said Royal Highness, his heirs or assigns, shall be from time
to time, thought fit or needful to be made, ordained,
appointed or used in the said parts or places, or any of
them. And to do all other things needful, and useful, and
necessary for the well governing, keeping, defending and
preserving the said respective places and territories and of
every of them and all such as are and shall be inhabitants
thereof. Now these presents witness, that for and in
consideration of a competent sum of lawful English money,
unto his said Royal Highness in hand paid, and for the better
extinguishing all such claims, and demands, as his said Royal
Highness may any ways have of or in the premises aforesaid,
now called West New Jersey, or any part of them; and for the
further and better settling, conveying, assuring, and
confirming of the same and of every part thereof, according
to the purport and true meaning of these presents, his said
Royal Highness, the said James Duke of York, hath granted,
bargained, sold, and confirmed, and by these presents, doth
grant, bargain, sell, and confirm unto the said William Penn,
Gawen Lawry, Nicholas Lucas, John Eldridge, and Edmund
Warner, all that part, share and portion, and all those
parts, shares and portions of all that entire tract of land,
and all those entire premises so granted by his said Royal
Highness unto the said John Lord Berkley, and Sir George
Carteret, and their heirs as aforesaid, as in, by, and upon
the said partition aforesaid, was and were vested in the said
William Penn, Gawen Lawry, and Nicholas Lucas, and their
heirs, and then agreed to be called by the name of West New
Jersey together with all islands, bays, rivers, waters,
forts, mines, quarries, royalties, franchises, and
appurtenances whatsoever, to the same belonging, or in any
wise appertaining. And all the estate, right, title,
interest, reversion, remainder, claim and demand whatsoever,
as well in law as in equity, of him the said James Duke of
York, of, into, and out of the same, or any part or parcel of
the same; as also the free use of all bays, rivers and
waters, leading unto or lying between the said premises, or
any of them in the said parts of America, for navigation,
free trade, fishing or otherwise, to have and to hold, unto
the said William Penn, Gawen Lawry, Nicholas Lucas, John
Eldridge, and Edmond Warner, their heirs and assigns forever,
to the uses following, (that is to say) as to ten equal and
undivided hundred parts thereof, to the use of the said John
Eldridge and Edmund Warner, and of their heirs, and assigns
forever. And as to the other ninety equal and undivided
hundred parts thereof, to the use of the said William Penn,
Gawen Lawry, and Nicholas Lucas, and of their heirs and
assigns forever; in trust nevertheless for the said Edward
Byllynge, his heirs and assigns forever. Yielding and paying
therefore yearly for the said whole entire premises, unto his
Royal Highness, his heirs and assigns, the yearly rent of ten
nobles of lawful English money, at or in the Middle Temple
Hall London, at or upon the feast day of St. Michael the Arch
Angel. And these further witness, that for the better
enabling the said Edward Byllynge, his heirs and assigns, to
improve and plant the said premises with people, and to
exercise all necessary government there, whereby the said
premises may be the better improved and made more useful to
him, his heirs and assigns, and to the King's Majesty, his
said Royal Highness hath likewise given, granted, assigned
and transferred, and doth by these presents give, grant,
assign, and transfer unto the said Edward Byllynge, all and
every such the same powers, authorities, jurisdictions,
governments, and other matters and things whatsoever, which
by the said respective Letters Patents, or either of them,
are and were granted, or intended to be granted, to be
exercised by his said Royal Highness, his heirs, assigns,
deputies, officers, or agents, in, upon, or in relation unto
the said premises hereby confirmed, or intended to be
confirmed, and every of them, in case the same were now in
the actual seizen of his said Royal Highness, to be held,
enjoyed, exercised and executed by him the said Edward
Byllynge, his heirs and assigns, and by his deputies,
officers, agents and commissioners, as fully and amply to all
intents, constructions and purposes as his said Royal
Highness, or his heirs, might, could or ought to hold, enjoy,
use, exercise or execute the same, by force and virtue of the
said several and respective and before recited Letters
Patents, or either of them, or of any thing in them, or
either or any of them conteyned or otherways however. In
witness whereof the parties to these presents have hereunto
interchangeably set their hands and seal, the day and year
first above written,
JAMES
Signed, sealed and delivered by his Royal Highness James
Duke of York, within named, in the presence of
John Worden,
Thomas Heywood.
Thomas Heywood maketh oath, that the day and year within
written, saw his Highness the Duke of York, sign, seal, and
as his act, and deed, deliver this indenture to the use
within mentioned, and afterwards subscribed his name as a
witness, Thomas Heywood.
Jur. 3d. die. September 1680
Cor. me Magis. Chane.
J. CLERKE.
The foregoing is a true copy taken from and compared
with the record in the Secretary's office at Burlington, in
Lib. M. of deeds, folio, 318. &c.
Examined per.
SAMUEL PEART, Dep. Secretary