We Are History: Researching and Using Ancient Records to Make the Case West and East Jersey Proprietors- New Jersey’s Land Ownership Records from Colonial Times to Present and Perspectives COURSE HANDOUT © December 2015 NJSLPS SurvCon 2016 For Presentation: Friday, February 5, 2016, 1 PM - 5 PM Bally’s Park Place Hotel and Casino, Atlantic City, New Jersey Presented By the Team of: Walter G. Robillard Kimberly A. Buchheit Thomas M. Howell Joseph R. Klett Joseph A. Grabas Table of Contents Item Description Pages 1 “Important Dates in New Jersey Land Title History” (Grabas) 2 “Using the Records of the East and West Jersey Proprietors” (Klett) 3 Case: Baeder v. Jennings, 1889 Page 1 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 ++++++ Item 1 ++++++ Important Dates in New Jersey Land Title History © Grabas Institute for Continuing Education, LLC June 24, 1497 – John Cabot “discovers” North America on behalf of England September 3, 1609 – Hudson sails up the River that will bear his name June 1624 – Captain Cornelis Jacobszoon May brings the first settlers to colonize New Netherland, (Governors Island & Manhattan) March 12 1664 – Charles II grants all lands between the Connecticut and Delaware Rivers to James, Duke of York May 25, 1664 – Col. Richard Nicolls sets sail for Manhattan June 24, 1664 – James, Duke of York Conveys colony of Nova Ceasaria to Berkeley & Carteret August 27, 1664 - Nicolls arrives in Hudson Harbor and Stuyvesant surrenders September 8, 1664 - Stuyvesant signs Articles of Capitulation ARTICLE III - All people shall still continue free denizens and enjoy their lands, houses, goods, shipps, wheresoever they are within this country, and dispose of them as they please. September 26, 1664 – Petition by John Bailey, Daniel and Nathaniel Denton, Thomas Benedick, John Foster and Luke Watson (Known as the East Enders) to purchase land in New Jersey from the Indians. October 28, 1664 - Mattano conveys a tract of 500,000 acres to John Bailey, Daniel Denton, and Luke Watson (the Elizabethtown Associates) for L154. November 24, 1664 – The Associates land 2.5 miles up the Elizabeth River and begin to build the first permanent English Settlement in New Jersey. December 1, 1664 - Nicolls confirms transfer to the Associates February 10, 1665 – Philip Carteret named Governor of NJ & Issued the Concessions and Agreements April 8, 1665 - Nicolls Grants the Monmouth Patent Page 2 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 August 1, 1665 – Governor Philip Carteret arrives in New Jersey at Elizabethtown and Purchases a share becoming an Associate. February 19, 1666 – The Settlement is named Elizabethtown in honor of the wife of Sir George Carteret May 25, 1668 – The First New Jersey Assembly meets in Elizabethtown. March 25, 1670 - Carteret demands payment of Quit Rents, one half penny per acre, per year. June 20, 1671 – Rioters “pull up” Michell’s fence May 14, 1672 – Capt. James Carteret, son of Sir George Carteret is elected “President” of New Jersey by an ad hoc Assembly and usurps his cousin Philip Carteret’s authority. July 1, 1672 – A dejected Philip Carteret returns to England July 16, 1672 – The Second Dutch War was declared in NJ July 30, 1673 – The Dutch recapture NY & NJ February 9, 1674 – Peace Treaty - The English regain NJ by “right of conquest.” March 1674 – Berkeley sells his half interest in New Jersey to Edward Byllynge and Maj. John Fenwick for L1000. June 29, 1674 – Charles II reconfirms his Grant to the Duke of York July 28, 1674 – Duke of York reconfirms his Grant to Carteret only November 1674 – Governor Philip Carteret returns to NJ with Letter from Geo Carteret nullifying the Nicolls Grants. July 1, 1676 – Quintipartitite (Five Parties) Deed/Agreement is signed by George Carteret, William Penn, Edward Byllynge, Gawen Laurie and Nicholas Lucas January 14, 1680 – George Carteret Dies April 1680 – NY Governor Edmund Andros kidnaps and beats Philip Carteret while arresting him for trial in NY. The NY jury acquits Carteret, but he agrees not to resume his position as Governor of NJ. 1682 – East Jersey sold at auction for L3400 to 12 Proprietors led by William Penn Page 3 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 December, 1682 – Philip Carteret dies at the age of 44 in Elizabethtown from injuries inflicted by Andros and his men. 1695 - Fullerton v Jones (Proprietory Court ruled against Jones (Associate) King and Council reversed on appeal) April 15, 1702 – Proprietors surrender rights of government December 5, 1702 – Edward Hyde, Lord Cornbury was named Royal Governor of NY & NJ Clinker Lot Right Men claim Western lands April 17, 1745 - Elizabethtown Bill in Chancery September 20, 1745 – Newark “Horseneckers” storm the jail and free Samuel Baldwin, squatter. January 17, 1746 – Newark mob confronts the Sheriff and the Militia and storms the jail again to free fellow rioters. August 5, 1746 – Magdalena Valleau and an armed mob of 40, drive Edward Jeffers out of his home and off his land in the disputed Ramapo Tract. July 17, 1747 – 200 rioters led by Amos Roberts “King of the Rioters, marched on Perth Amboy, fully armed and attacked the jail February 17, 1748 – NJ Assembly approves an Act of pardon for the rioters. August, 1751 – Elizabethtown Associates file answer to Bill (Never Judicially settled) 1755 – Abraham Clark, future signer of the Declaration of Independence, leads a group of Elizabethtown men in a fight to reclaim Morgan’s Mine on the Middlesex-Somerset border, asserting ownership by virtue of the Nicoll’s Grant. September 1, 1773 – By Royal Edict King George approves and sets the Northern boundary of NJ. July 2, 1776 – New Jersey’s First Constitution July 4, 1776 – Declaration of Independence June 28, 1834 – NY and NJ Agree that Staten Island belongs to NY Page 4 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 Using the Records of the East and West Jersey Proprietors by Joseph R. Klett NEW JERSEY STATE ARCHIVES © 2014 as revised Page 5 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 USING THE RECORDS OF THE EAST AND WEST JERSEY PROPRIETORS PRESENTATION OUTLINE I. Introduction Page 1 II. Important Events in New Jersey’s Proprietary History Page 3 III. The East-West Boundary Page 7 IV. East Jersey’s Earliest Settlements Page 9 V. West Jersey’s Earliest Settlements Page 12 VI. Key Terms and Document Types Page 14 VII. How was Land Acquired? Page 17 VIII. Proprietors’ Records available at New Jersey State Archives Page 18 IX. Legal, Obscure and Archaic Terms found in Ancient Land Records Page 26 X. Case Studies Page 34 XI. Bibliography Page 35 Acknowledgments The author thankfully acknowledges the following persons who aided in the preparation of these materials: Ellen R. Callahan, Collection Manager at the New Jersey State Archives, for documentary and bibliographic research assistance. William H. Taylor, Surveyor General of West New Jersey, and the late Frederick A. Gerken, Registrar of the Eastern Division of New Jersey, for imparting some of their knowledge of proprietary records and history. John E. Pomfret and John P. Snyder for their invaluable reference works, including Mr. Snyder’s original maps donated years ago to the New Jersey State Archives. Joanne M. Nestor, Photographic Archivist at the New Jersey State Archives, for scanning documents and maps. Various staff and colleagues who reviewed and contributed to the list of terms found in land records. Page 6 of 53 "We Are History" Course Materials NJSPLS SurvCon 2016 Part I – Introduction Who Were (Are) the Proprietors? Based on the joint rights granted by the Duke of York to Sir George Carteret and John, Lord Berkeley, New Jersey became a proprietary colony with eastern and western divisions. East Jersey’s development was tied to New York, New England, and the former Dutch colony of New Netherland. The settlement of West Jersey on the Delaware River was initially a Quaker venture, and was associated with William Penn and others involved in the colonization of Pennsylvania. The successors to Carteret’s and Berkeley’s interests in New Jersey essentially evolved into the corporate East and West Jersey Proprietors, respectively. They were the first British landowners of New Jersey, and governed the provinces during the first four decades of British colonization. In 1702, after the proprietors in East and West Jersey had surrendered their governmental authority several times, Queen Anne established New Jersey as a unified royal colony. The proprietors nevertheless retained their land rights. The provincial dual capitals of Perth Amboy in East Jersey and Burlington in West Jersey also continued as the seats of government until Trenton became the state capital in 1790. In 1998, the East Jersey Proprietors—reportedly New Jersey’s oldest corporation—dissolved and sold their rights to unappropriated land to the state’s Green Acres program. At that time, the East Jersey records were transferred from Perth Amboy to the State Archives in Trenton. In December 2005, the West Jersey Proprietors deposited their records with the State Archives as well, thus uniting all of New Jersey’s colonial land records under one roof. The West Jersey Proprietors continue as an active corporation based in Burlington, N.J., and retain legal ownership of their original records. And Why do you Care? The records of the East and West Jersey Proprietors document nearly three and a half centuries of land transactions and settlement in New Jersey. While the earliest volumes of proprietary land records and government commissions were united in the office of the Secretary of State at the time or soon after Trenton was established as the state capital in 1790, a large volume of books containing just surveys or warrants and certain other early records were retained by the proprietors.