On July 28 and 29, 1674, Sir George Carteret received a new grant from the Duke of York, equally full as to rights and privileges, giving him individually all of the Province north of a line drawn from a certain “creek called Barnegat to a certain creek on Delaware River, next adjoining to and below a certain creek on Delaware River called Rankokus Kill,” a stream south of what is now Burlington,—the sale of Berkeley’s interest in the Province being evidently considered as leading to its division.
This had taken place on March 18, 1673/4, Lord Berkeley disposing of his portion of the Province to John Fenwicke,—Edward Byllynge being interested in the transaction. As these two were members of the Society of Quakers, or Friends, who had experienced much persecution in England, it is thought that in making this purchase they had in view the securing for themselves and their religious associates a place of retreat.
Some difficulty was experienced in determining the respective interests of Fenwicke and Byllynge in the property they had acquired, and the intervention of William Penn was secured. He awarded one tenth of the Province, with a considerable sum of money, to Fenwicke, and the remaining nine tenths to Byllynge. Not long after, Byllynge, who was a merchant, met with misfortunes, which obliged him to make a conveyance of his interest to others. It was therefore assigned to three of his fellow associates among the Quakers,—William Penn, Gawen Lawrie, and Nicholas Lucas. This conveyance was signed Feb. 10, 1674. The nine undivided tenths were assigned to the three persons just mentioned, to be held by them in trust for the benefit of Byllynge’s creditors; and not long after Fenwicke’s tenth was also placed under their control, although he had executed a lease to John Eldridge and Edmond Warner for a thousand years, to secure the repayment of sums of money obtained from them. A discretionary power to sell was conferred by the lease, leading to complications of title and management.
Philip Carteret had remained in England until the negotiations subsequent to the surrender of the Dutch were completed and the new grant for East Jersey obtained; and on July 31, 1674, he was recommissioned as governor, and returned to the Province, bringing with him further regulations respecting the laying out of lands, the payment of quit-rents, and other obligations of the settlers. His return seems to have greatly pleased the people of East Jersey. His commission, and the other documents of which he was made the bearer, were published at Bergen, Nov. 6, 1674, in the presence of his council and commissioners from all the towns except Shrewsbury.
After the Governor’s return the assemblies met annually with considerable regularity, the first at Elizabethtown on Nov. 5, 1675, and the others either there or at Woodbridge or Middletown. Sufficient unanimity seems to have prevailed among the different branches of government, to secure legislation upon all subjects which the advancement of the Province in population rendered essential.
As yet no material change in the condition of West Jersey as to settlement had taken place; but in 1675 John Fenwicke, with many others, came over in the ship “Griffith” from London and landed at what is now Salem,—so called by them from the peaceful aspect which the site then wore. No other settlers, however, arrived for two years.
Although the commission of Andros as governor of New York authorized him to take possession of the Province “and its dependencies,” yet having been conversant with the transactions in England affecting New Jersey, which had taken place subsequent to its date, he did not presume at first to assert his authority over that Province, otherwise than to collect duties there similar to those constituting the Duke’s revenue in New York. Soon after his arrival he took measures to collect the same customs at Hoarkill, in West Jersey; and on the arrival of Fenwicke with his settlers at Salem, a meeting of his council was held Dec. 5, 1675, at which an order was issued prohibiting any privilege or freedom of customs or trading on the eastern shore of the Delaware, nor was Fenwicke to be recognized as owner or proprietor of any land. As this prohibition was not regarded by Fenwicke, on Nov. 8, 1676, directions were given to the council at Newcastle to arrest him and send him to New York. This proceeding not being acquiesced in by Fenwicke, a judicial and military force was despatched in December to make the arrest. On producing, for the inspection of Andros, the King’s Letters Patent, the Duke of York’s grant to Berkeley and Carteret, and Lord Berkeley’s deed to himself, Fenwicke was allowed to return to West Jersey, on condition that he should present himself again on or before the 6th of October following,—the fact that the Duke was authorized to, and did, transfer all his rights in New Jersey, “in as full and ample manner” as he had received them, being an argument that Andros could not readily refute. Fenwicke complied with the prescribed terms of his release and, after some detention as a prisoner, was liberated (as asserted by Andros) on his parole not to assume any authority in West Jersey until further warrant should be given.