both sides, It seems that the Inhabitants of New York having granted a Certain Revenue to the Crown of England for the defence of that Province arising by an Impost or Custome on Imported & Exported Goods. Indian Trading, Goods carryed up Hudsons River to Albany and Excise of Liq retayled, The Collector of these duties hath demanded the same on all Goods belonging to the East and West Jerzeys coming within the River (which being about a Mile and half over, divides the Jerseys from New York) being as he alleageth, agreeable to former practice before his time, which is owning the chief matter of Complaint in the Petition, But the said duties being not under Our Management, or Cognizace And this Board having never given any directions Whereby the Inhabitants of the Jerzies have been denyed the use of their own Ports & Harb's We humbly submit that matter to your Lordships Consideration.

Humbly acquainting your Lordships That in the Establishment of Officers presented from hence for Virginia and other his Majesties Plantations on the Continent, which your Lordships were pleased to approve by your Warrant of the 20th of Novemb! last, there is a Collector appointed at Perth Amboy in East Jersey, and another Officer at Bridlington in West Jersey with Suitable Instructions from Us to Collect the Rates and Duties Imposed by the Act made in the 25th Year of the Reign of King Charles the Second upon Tobacco and other of the Plantation Commodities therein enumerated wch shall be Shipt or laden from thence for any other of his Majesties Plantations, as also to inspect the like Commodities which Shall be laden upon Ships bound directly to this Kingdome, And to attend the delivery of all European Goods brought from hence which are the Cheif Matters we are concerned for, and for these purposes tis necessary, That there should be such Priviledged Ports for the

Officers of the Customes attendance in Order to the dispatch of Business both Inwds and Outwards

From

SR

Secretary Popple to Secretary Lowndes, in answer to the foregoing communication.

[From P. R. O., B. T.; Proprieties, Vol. 25, 148.]

To William Lownds Esq

I have laid before the Lords Com'iss's of the Council of Trade & Plantations your Lett: of the 8th Inst to gether with the Report of the Commissioners of the Customes upon a Pet of the Proprietors of East & West New Jersey that were inclosed in it; Both which Papers There inclose [I] return you, according to your desire And I am further directed by their Lordships to send you the Enclosed Copy of an Instruct rela ing to the Trade of New York and the New Jersies which has been given to all the Governors of New York successively ever since that Province has belonged to the Crown of Eng'd And which therefore their Lordships desire may be laid before the Right honble the Lords Commissioners of the Treasury, as the most material thing that they have to offer to their Lordships consideration, in the subject matts of the above mentioned Papers.

WHITEHALL, 14th Sep! 97.

W: P:

Order in Council, referring a Petition of the Proprietors of East Jersey to the Lords of Trade.

[From P. R. O. B. T. Proprietors, Vol. 25, p. 150]

At the Councill Chamb! in Whitehall the 23 of Septemb: 1697. Present.

Their Excellencys the Lords Justices in Councill.

Upon reading the annexed Petition of yo Proprietors of New Jersey in America; relating to their Rights & Properties which as they alleadge have been Invaded by the Government of New York, in taking Vessells out of their Harbour of Perth Amboy, compelling them to go up to New York, and denying the Pet's the benefit of a Port in the said Province and of the Draw Back upon Debentures; And praying to be Heard therein. It is this day Ordered by their Excellencies the Lords Justices in Councill, that it be and it is hereby Referred to the Rt honble y. Council of Trade to Examine the matter of the said Petition and to Report to this Board how they find the same with their Opinion upon the whole matter.

23 Sep 1697

JOHN POVEY.

To their Excellencies the Lords Justices in

Councill.

The humble Petition of y Propriet" of y Province of East New Jersey in America.

SHEWETH:

THAT your Pet's by a grant from ye late King James the Second dated 14 March 1682, were Possessed of the said Province of East New Jersey in America, together

with all Rivers, Bays, Harbours, Waters & leadg unto the same for the free use of Navigation, free Trade and Commerce.

THAT your Petitioners Right was by the Royall Proclamation of King Charles y Second confirmed, and all Persons whatsoever strictly charged, not to disturb or interrupt your Pets therein.

THAT the said Priviledge of Ports, free Trade and Commerce is a Property purchased with great Sums of Money by your Petitions and what cheifly induced and incouraged ym to lay out their Estates to Improve the said Province, But your Pet's have had their Rights and Properties Invaded by the Government of New York, taking Vessells out of their Harbour of Perth Amboy, and forceing the Trade away from them and compelling their Ships to go up to New York, and denying your Pet's the benefit of a Port in the said Province and of the Draw back upon the Debentures allowed to all other Persons.

THAT in Order to redress their Grievances your Pet's have applyed to the Lords of the Treasury desiring to be heard before them, and your Pet" case was by them Referr'd to ye Commissioners of the Customs, who Reported back to the Lords of the Treasury their Opin" therein.

THAT upon your Petitioners Attendance on the Lords of the Treasury your Petitioners are informed, That it did not properly ly before that Board to determine, unless Referred thither by your Excellencies.

THAT the Subject matter of your Pet's Complaint, does not only intirely ruine their private Properties (Crushing them in their Infancy of Trade and Plantation) but is also a Public hindrance, to the Consumption of the Growth and Manufactory of England and consequently a Loss to his Maj Revenue.

YOUR PETITIONERS therefore have recourse tb your Excellencies, as the great refuge & Protection of the

oppressed, humbly praying the favour of a Day to be heard before your Excellencies, to the end that yo Earl of Bellemont being now ready to depte (as Gov! of New York) may be Prohibited to disturb your Pet's Privilidges of Trade in their Port of Perth Amboy, and to deny them the Right of draw back upon Debentures and that none of your Fetition liberties & Froperties in the said Frovince may be invaded by that Neighbouring Governm

And your Pets (as in duty bound) shall ever pray &c.

State of the Case of the Proprietors of East Jersey, submitted to the Lords of Trade.

[From P. R. O. B. T. Prop., Vol. 1, A 58.]

A MEMORIALL of the State of the Case of the Proprietors of East New Jersey.

KING CHARLES the Second, in ye 16th & 26th yeares. of his Reign, did Grant, to the Duke of York, his Heires and Assignes, all that Tract of land, adjacent to New England, and being to ye westward of long Island and Manhatus Island, and Bound on the East part, by the main Sea, and part by Hudsons River &c (which land was then Called Nova Cesaria, or New Jersey).

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