Irish officer, was made Governor. He brought with him instructions to issue writs for an Assembly to share with the Governor and Council in the work of legislation. No tax was to be levied without its sanction. But no act was to be valid without the assent of the Duke. The As

Charter of Sembly passed a " charter of liberties and privliberties. ileges," among which was included a guaranty of "freedom of conscience and religion" to those "who profess faith in God by Jesus Christ." The act was approved by the Duke, but not until October, 1684. Dongan was himself a Roman Catholic. As far as the relations of New York to the Indians and the French were concerned, he did everything that he could to promote its interests. He made friends with the natives, and baffled the designs of the French.

New York

ince.

The Duke of York, on his accession to the throne, as James II., in 1685, abolished the popular Assembly. New York became a royal province instead of a royal prov- a nominal duchy. The treacherous treatment of the Iroquois by the French fortified their alliance with the English. In 1688, Andros arrived on his mission to consolidate the northern colonies under a vice-regal government. On August 11th, he began the exercise of his authority in New York. He went to Albany and renewed the covenant with the Iroquois. He notified the Governor of Canada that the Five Nations would be protected as the subjects of the King of England. The feeling of the Protestant inhabitants of New York was the same as that of Protestants in the other colonies and in England. There was a distrust of James and a belief that his policy of religious toleration was a part of a scheme by which he hoped more effectually to build up the Roman Catholic cause in England, and to advance the dominion of the papacy. When the news of the Revolution of 1688 arrived, the people rose under the

leadership of a German named Leisler, who seized the fort. The government was placed in his hands. Nicholson, the Deputy Governor, sailed for England. The revolt of Leisler was arbitrary and violent in his pro

Leisler.

ceedings. In opposition to him, another government was set up at Albany. As we shall see, it was not until 1692 that the conflicts and dissensions which ensued upon the Revolution passed by, and the province again found itself under a stable government.

13

CHAPTER X.

NEW JERSEY TO 1688

Grant to Berkeley and Carteret-Settlement at Elizabeth-Settlement at Newark-East Jersey-West Jersey Acquired by Penn and His Associates-Sale to Penn of Carteret's Rights-Scottish Emigration to East Jersey-Effect of the Revolution of 1688.

THE immediate gift of the territory of New Jersey by the Duke of York to two courtiers, Lord John Berkeley and Sir George Carteret, proved a fruitful source of contention and injustice. It was called "Nova Cæsarea' in honor of Carteret's brave defence of the island of Jersey, which he held for Charles II.; but the corresponding English name soon supplanted the Latin. The deed of transfer gave to the two proprietors all the powers which belonged to the Duke, "in as full and ample a manner as they had been possessed by him." For the reason that powers of government were not explicitly mentioned, there was afterward much dispute on the question whether they were included in the Duke's grant. In February, 1665, the proprietors prepared an instrument comprising The Consti- "concessions and agreements," for all present and prospective settlers. This document served as a constitution for the community under their charge. The government was to be lodged in a Governor, Council, and an Assembly of representatives. The Governor and Council were to appoint and remove all officers. They could levy no tax without the consent of

tution.

the Assembly. The Assembly was to frame the laws, which, in order to be valid, must be approved by the Governor, and at the end of a year sanctioned by the Lords Proprietors. Tracts of land were offered to emigrants, male and female, including servants as well as freemen. After 1670, annual quit-rents were to be paid by landholders. Oaths of fealty to the King and fidelity to the Lords were required of all freemen. Liberty of conscience was guaranteed. Land was given to parishes for the support of ministers. Philip Carteret, a relative of Sir George, was made Governor. He brought over with him a small company of settlers, by whom the town of Elizabeth was founded.

On arriving at New York in the summer of 1666, Carteret was informed that Nicolls, the Deputy Governor, ignorant of the deed granted by the Duke, had Philip Carterconfirmed certain parties in the possession of et, Governor. a tract of land on the New Jersey shore, west of the strait between Staten Island and the mainland, and also of a tract near Sandy Hook. Middletown and Shrewsbury (in what is now Monmouth County) grew up on the tracts thus bestowed. Carteret and his company found that at the place now called Elizabeth some settlers had already taken up their abode. The publication of the “ concessions drew additional emigrants from the eastern colonies. In 1666, on a part of the Elizabethtown tract some of these emigrants planted Newark. They adopted the rule of the New Haven colony, from which they came, that only church members should vote. The New Jersey settlers were at peace with the Indians about them, since these were subordinate to the confederacy of the Five Nations. The first Assembly was convened at Eliza- The first Asbethtown in 1668. Two sessions were held in sembly. that year. But during the next seven years no meetings of the Assembly took place. This was probably ow

ing to the dissatisfaction of the settlements, which had received their lands from Nicolls's grant, and were not disposed to come into subjection to the rule of the Proprietors. In 1670, the other towns objected to paying quit-rents.. An Assembly was held in 1672, composed of deputies of Elizabethtown and of the places in sympathy with this settlement, but this body was not recognized by the Governor and Council. It proceeded to appoint a "President," to act in the room of a Governor, and James Carteret, a son of Sir George, who was passing through New Jersey, so far disregarded the rights of his father as to accept the place. Governor Philip Carteret repaired to England to make known the situation and to procure a remedy. Messages came from Charles II. and the Duke of York to Deputy-Governor Berry confirming him in his authority, and commanding the settlers to yield obedience. The effect was the restoration of quiet and union. The Dutch reconquest of New York, in 1673, brought in no essential changes and caused no commotion in New Jersey. When New York was restored by treaty to the English, the Duke of York confirmed his previous grant to Carteret of his moiety of the territory in East Jersey. In 1676, the line between East and West Jersey was defined to run from the "east side of Little Egg Harbor, straight north through the country, to the utmost branch of the Delaware River," in 41° 40' north latitude.

Penn and

In 1674, Berkeley had disposed of his portion of the undivided province to John Fenwicke, in trust for Edward West Jer- Byllinge, both of them Quakers. By other acts sey sold to of sale and transference, West Jersey became others. the possession of William Penn and four of his Quaker brethren. In 1677, and in the following year, there was a large emigration of Friends to West Jersey. The Constitution which was prepared for the colony by