Gov. Carteret, of course, having received such an announcement, from so high a source,—one of the Lords Proprietors himself,-must have regarded his tenure of office as soon to be terminated, and have been, in consequence, not at all disposed to prolong his controversy with the people. While the latter, expecting shortly to come under the jurisdiction of Gov. Lovelace, of New York, must have been quite willing to let the matter pass without further trouble. So the matter rested for a season.

The Newark people were evidently in perplexity on the

same account.

At a Town Meeting, 28th July 1669-the Town made choice of Mr. Crane and Mr. Treat, to take the first opportunity to Goe over to York, to advise with Col. Lovelace Concerning our Standing, Whether we are designed to be Part of the Duke's Colony, or Not.*

The autumn of this year was made memorable, as well as that of the previous year, for the prevalence of fatal disorders. Maverick, writing from "N. Yorke, 15th Octor 69, to Col. Nicolls, in London," says:

The flux, agues, and fevers, have much rained, both in cittie and country, & many dead, but not yett soe many as last yeare. The like is all N. Engld over, espetially about Boston.t

* Newark Town Records, p. 21.

† N. Y. Col. Docmts., III. 183.

CHAPTER VII.

A. D. 1670-1673.

Quit Rent Controversy - Gov. Carteret's Usurpations-Claude Vallot - Arbitrary Edicts-Watson not to drill the Militia - First Jury Trial in the Town Case of Capt. Hacket - Court illegally held- Case of Richard MichelHis House destroyed. Carteret overawed by the People - Capt. James Carteret arrives from England-Legislature convenes at E. T. - A lawful Court

- Trial of Meeker and others—Newark people take the Alarm - Other Sessions of the Legislature - Capt. James Carteret chosen President - Arrest and Escape of Wm. Pardon-Gov. Carteret removes to Bergen - Re-arrest of Pardon, and Seizure of his Goods - Memorial of the Council to the Lords Proprietaries-Gov. Carteret and Officials return to England -- Capt. Berry, Dep. Governor Marriage of Capt. Carteret — The Officials return - Conflict renewed-Patents to be taken out - Appeal to the Lords Proprietors - Gov. Winthrop's Endorsement of the People.

THE negotiations for the transfer of New Jersey to the jurisdiction of the Duke of York, though so nearly completed, failed of the expected result. Berkeley was made Lord Lieutenant of Ireland, of which Carteret was already Deputy Treasurer. Strengthened by the favor of the king, and certain political occurrences of the day, the two lords retained. possession of their charter, and Elizabeth Town remained the seat of government for the province, and the residence of the Governor and his officials.*

"The Concession and Agreement of the Lords Proprietors" made provision for the Survey and Patenting of all lands taken up in the Province by new settlers, and required of all such the payment of one half-penny per acre yearly rent, beginning with March 25, 1670. As the people of this town claimed to hold their lands, not by gift or lease from the

*Collins' Peerage, (Ed. of 1736), III. 280, 1. N. Y. Col. Docmts., III. 599. Pepys' Diary III. 275, 7.

Lords Proprietors, but by purchase from the native proprietors of the soil, and the warrant and patent of Gov. Nicolls, previous to Carteret's arrival, they had paid no attention to these provisions. No patents had been issued, or applied for, within the bounds of the town. This was true of the officials as well as the people. Carteret, Bollen, Vauquellin, and Pardon, all had become Associates, and as such had shared in the assignment of house-lots, and in the first and second divisions of planting land and meadow, all which were duly entered, at the time, in the lost Town-Book. None of them, however, had taken out patents from the Lords Proprietors. The original purchasers and their American associates were utterly opposed to a proceeding, which might be construed into an acknowledgment of the invalidity of the titles, by which they had acquired, and hitherto held, their "purchased and paid-for lands." They would neither, therefore, take out patents from the Governor, nor pay the yearly rent to be exacted in all other cases.*

As the time for the payment of this rent approached, letters were sent to the several towns, reminding them of these conditions. We have not the means of knowing whether the demand was formally made of the freeholders of this town,

if made, what was their response. In the latter case, they must have made a response, not less firm and decided than that of the Newark people; who, at a town-meeting, held Feb. 3, 1669-70, after "the Governors Writing" had been read and debated, voted to make return as follows:

That they do Hold and Possess their Lands and Rights in the said Town, Both by Civil and Divine Right, as by their Legall purchase and Articles doth and May Shew. And as for the payment of the Half Penny per Acre for all our Allotted Lands, According to our Articles and Interpretations of them, You assuring them to us, We are ready when the Time Comes, to perform our Duty to the Lords or their Assigns.

Whether they received the assurance, or not, at the ap pointed time they made a tender of the rent, in wheat, but not "in lawful money of England," as the Concessions required.+

*Leaming & Spicer, pp. 23-5.

† Newark Town Records, pp. 29, 80. Stearns' Newark, pp. 43-6.

Nothing of the kind, probably, was attempted or done here. It is not intimated, in any of the records or documents of the day, on either side, that the people of this town regarded themselves as under any obligation whatever to pay rent for their lands to the English Lords. So many of the people as were of the Governor's party, doubtless, complied with the demand. The others disregarded it. The breach between the two parties, occasioned by the occurrences of November, 1668, was thus considerably widened. The relations of the people to their townsman, the Governor, from this time forth, were any thing but pleasant-scarcely amicable.*

One occasion of this unpleasantness was the unwarranted interference of Carteret in the local affairs of the townclaiming, as he did, the prerogative of presiding, in person, or by proxy, in their town-meetings; of admitting whom he pleased as freeholders; and of allotting the town-lands as rewards to his servants. The people could not but regard all such proceedings as unwarranted acts of usurpation.

Claude Vallot was one of the 18 servants whom Carteret had brought over with him in the "Philip." Having found him faithful and true, the Governor, without obtaining, or even asking, so far as appears, the consent of the town, determined to bestow on him the rights and privileges of a freeholder:

Glaude Valot of Champagne in the Kingdom of France having Lived in this Country for the Space of five Years time as one of my Menial Servants, and now being desirous to settle himself an Inhabitant within the said Province, (says the Record, Feb. 10, 1669-70), I doe hery Declare the said Glaude Valot to be a true Denizen of the aforesaid Province of New Jersey.

Twelve days after he puts him in possession, by deed of sale, of the property that, in Nov. 1668, he himself had acquired by purchase, for £45, from the widow of Capt. Robert Seeley-viz., a "house and home-lot, with all such lots and allotments of upland and meadow, as is and shall be thereunto belonging, according to the rate of a third

*Whitehead's E. J., p. 54. Mulford's N. J., p. 151.

lot; " thus giving him a place, as an Associate, among the third-lot right men.*

A military company, in accordance with an Act of the General Assembly, had been organized in 1668; of which, Aug. 24, 1668, Luke Watson had been commissioned Lieutenant and Commander, and John Woodruff, Ensign. Watson and Woodruff were among the leading men of the town, and devoted to its interests. In some way not specified, but, probably, because of their zeal in opposing the arbitrary course of the Governor, these worthies had provoked his displeasure. On the last day of October, 1670, (possibly, one of the autumnal training days), he revoked the commission of Watson, and declared Woodruff's null and void. Such a proceeding did not tend in the least to conciliate. the people, whose patience had already so repeatedly been tried. They understood the movement as designed to break up the military company, and so to deprive them of the power of self-defence. Against these imputations, he put forth, July 1, 1672, the following plea: It is reported, he says,

That I have, to the great discouragement of the Inhabitants, forbidden, nay required them upon paine of death, not to trayne. In answer whereunto the officers of each Respective Town in this Province, being commissionated for that end and required thereunto, will sufficiently Cleer me; only for reasons which I am willing to give To my Masters, I did issue out my Summons to Luke Watson in Elizabeth Town, being before by me Commissioned Lieutenant under my Self, Calling in my Commission, requiring him upon pain of death at that time not to Call the Company into Field Nor Exercise them, the which notwithstanding he did Continue and Exercise them twice after. †

Language like this could not but exasperate. The people had never known, in this country, what it was to have a master. They had never been "in bondage to any man." This young stranger from a far land, whose unexpected coming among them, with such pretensions to dominion over them, they had barely tolerated, who had already set himself above the Representatives of the people, and had exacted

E. J. Records, I. 6, 7, 15.

E. J. Records, III. 55.