Sir John Berkeley had been the governor of the Duke in his youth, and in subsequent years had retained great influence over him. He, as well as Sir George Carteret, had been a firm adherent of Charles II.; and Carteret, at the Restoration, was placed in several important positions and was an intimate companion of James. Both Carteret and Berkeley were connected with the Duke in the Admiralty Board, of which he was at that time the head, and consequently enjoyed peculiar facilities for influencing him. The name of “Cæsaria” was conferred upon the tract in commemoration of the gallant defence of the Island of Jersey, in 1649, against the Parliamentarians, by Sir George Carteret, then governor of the island; but it was soon lost, the English appellation of “New Jersey” being preferred.
The grant to the Duke of York, from the Crown, conferred upon him, his heirs and assigns, among other rights and privileges, that of government, subject to the approval by the King of all matters submitted for his decision; differing therein from the Royal privileges conceded to the proprietors of Maryland and Carolina, which were unlimited. The Duke of York, consequently, ruled his territory in the name of the King, and when it was transferred to Berkeley and Carteret, they, “their heirs and assigns,” were invested with all the powers conferred upon the Duke “in as full and ample manner” as he himself possessed them, including, as was conceived, the right of government, although it was not so stated expressly,—thus transferring with the land the allegiance and obedience of the inhabitants.
On Feb. 10, 1664/5, without having had any communication with the inhabitants, or acquiring a knowledge by personal inspection of the peculiarities of the country, Berkeley and Carteret signed an instrument which they published under the title of “The Concessions and Agreements of the Lords Proprietors of New Jersey, to and with all and every of the adventurers and all such as shall settle and plant there.” This, the first Constitution of New Jersey, was regarded by the people as the great charter of their liberties, and respected accordingly. By its provisions the government of the Province was confided to a governor, a council of not less than six nor more than twelve to be selected by the governor, and an assembly of twelve representatives to be chosen annually by the freemen of the Province. The governor and council were clothed with power to appoint and remove all officers,—freeholders alone to be appointed to office unless by consent of the assembly,—to exercise a general supervision over all courts, and to be executors of the laws. They were to direct the manner of laying out of lands, and were not to impose, nor permit to be imposed, any tax upon the people not authorized by the general assembly. That body was authorized to pass all laws for the government of the Province, subject to the approval of the governor, to remain in force one year, during which time they were to be submitted to the Lords Proprietors. To encourage planters, every freeman who should embark with the first governor, or meet him on his arrival, provided with a “good musket, bore twelve bullets to the pound, with bandoliers and match convenient, and with six months’ provisions for himself,” was promised one hundred and fifty acres of land, and the like number for every man-servant or slave brought with him similarly provided. To females over the age of fourteen, seventy-five acres were promised, and a similar number to every Christian servant at the expiration of his or her term of service. Those going subsequently, but before Jan. 1, 1666, were to receive one hundred and twenty acres, if master, mistress, or able man-servant or slave; and weaker servants, male or female, sixty acres. Those going during the fourth year were to have one half of these quantities.
In the laying out of towns and boroughs the proprietors reserved one seventh of the land to themselves. To all who might become entitled to any land, a warrant was to be obtained from the governor directing the surveyor to lay out the several tracts, which being done, a grant or patent was to be issued, signed by the governor and the major part of the council, subject to a yearly quit-rent of not less than one halfpenny per acre, the payment of which was to begin in 1670. Each parish was to be allowed two hundred acres for the use of its ministers. Liberty of conscience was guaranteed to all becoming subjects of England, and swearing allegiance to the King and fidelity to the Lords Proprietors; and the assembly of the Province was authorized to appoint as many ministers as should be thought proper, and to provide for their maintenance. Such were the principal provisions of this fundamental Constitution of the Province.
On the same day that the Concessions were signed, Philip Carteret, a distant relative of Sir George, was commissioned governor, and received his instructions. Preparations were at once made for his departure, accompanied by all such as were willing to emigrate to New Jersey; and in April he sailed, with about thirty adventurers and servants, in the ship “Philip,” laden with suitable commodities. The vessel was first heard of as being in Virginia in May, and she arrived at New York on July 29. Here Carteret was informed that Governor Nicolls, in entire ignorance of the transfer of New Jersey to Lords Berkeley and Carteret, had authorized and confirmed a purchase made of the Indians, by a party from Long Island, of a tract of land lying on the west side of the strait between Staten Island and the main land, and that four families had emigrated thither. Nicolls had also confirmed to other parties a tract lying near to Sandy Hook, which they had purchased from the Indians. This led to the settlement of Middletown and Shrewsbury, in what is now Monmouth County,—the two grants laying the foundation for much subsequent trouble in the administration of the public affairs of the Province.
In consequence of these developments the prow of the “Philip” was directed by Carteret towards the new settlement at what is now Elizabeth; and arriving there early in August, he landed, as it is said, with a hoe upon his shoulder, thereby indicating his intention to become a planter with those already there, and conferring upon the embryo town the name it now bears, after the lady of Sir George Carteret.
Among Carteret’s first measures for the improvement of the Province was the sending of messengers to New England and elsewhere, to publish the Concessions and to invite settlers,—measures which resulted in a considerable accession to the population. The ship “Philip” returned to England in about six months, and brought out the next year “more people and goods” on account of the Proprietors; and other vessels, similarly laden, followed from time to time.
In 1666 a division of the Elizabethtown tract was effected, leading to the settlement of Woodbridge and Piscataway. Another settlement,—formed by immigrants from Milford, Guilford, Branford, and New Haven, and having a desire, they said in their agreement, “to be of one heart and consent, through God’s blessing, that with one hand they may endeavor the carrying on of spiritual concernments, as also civil and town affairs according to God and a godly government,”—became the nucleus of Newark (now the most populous city in New Jersey), only such planters as belonged to some one of the Congregational churches being allowed to vote or hold office in the town. These, with the settlements mentioned as having been begun under the Dutch administration, comprised all which for some years attracted immigration from other quarters. Thus gradually New Jersey obtained an enterprising, industrious population sufficiently large to develop in no small degree its varied capabilities.