The Agreement Between John Fenwick
and Thirty‐two Members of the Salem Colony
June 28, 1675
June 28 Julian Calendar = August 7 in modern Gregorian Calendar
On June 28, 1675, about a month before the colony left for the new world, a paper was signed by John Fenwick and the first prospective English colonists of New Jersey establishing the design of the enterprise, and setting out the “methods” of government to be used,
Source: New Jersey Archives Salem Deeds 1, p. 127.
Note: The embedded pdf may not appear on Android powered devices. Download the pdf here.The Original of this Document may be in the New Jersey State Archives a part of the Secretary of State's office of New Jersey. A color copy of the document is very much preferred over the black and white one displayed here.
State Archives of New Jersey Contact Numbers
History of New Jersey History to 1776
Record of the Agreement in New Jersey Colonial Documents: Patents and Deeds*[See note at bottom]
BBBBBBBBBBBB
Whereas, Charles the Second, king of England, Scotland, &c., did by his grant under the great seale of England bearing date the twelfth day of March, one thousand six hundred sixty and four, unto his royal highness James, Duke of York, his heirs and assigns forever. All that maine land with severall islands near New England, called New Caesarea, or New Jersey, in America, as in and by the same grant upon record may appear. And whereas, his said royal highness James, Duke of York, by lease and release, dated the twenty-fourth day of June, in the sixteenth year of the king's raigne that now is, did grant and confirm all and singular the lands and premises aforesaid unto John Lord Berkley, Baron of Stratton, (one of his majestie's most honorable privy council) and Sir George Carterett, knight and Baronett, their heirs and assigns forever, as by the same may alsoe appear.
And Whereas, also the said John Lord Berkley, the eighteenth day of March, one thousand six hundred seventy and three, did grant, bargaine and sell all his moyetie or halfe part of the said lands and premises unto John Fenwick, late of Binfield, in the County of Berks, Esquire, his heirs and assigns forever, as by the record thereof in the Court of Chancery may appear.
Now know ye, that John Fenwick hath for divers causes and considerations, granted, bargained and sold unto William Penn, Gauen Laurie and Nicholas Lucas, ninety parts out of one hundred parts of the said moyety, reserving to himself other ten parts, out of which ten parts so possessed, the said John Fenwick hath granted, bargained and sold sundry parcells of land to severall persons, as by their particular deeds, registered in a register to that purpose appointed doth appear, which ten parts of the one hundred parts of land soe reserved, he stands engaged to all purchasers, first to purchase said lands of the natives, then to sett forth thirty or forty thousand acres of land to be allotted among the proprietors and freeholders of the said colony; and the return of every such survey to be registered by certificate from the surveyor and others ye said proprietors and freeholders which shall be chosen to approve of the allotments. And each lot to be marked with the letters of each person's name and numbered according as they are allotted, and each lot soe marked with his, her or their names, and numbered according as divided, shall be taken for a good and sufficient title to every such person or persons, any law, statue or custoni to the contrary thereof notwithstanding.
Provided always, that the said several proprietors, purchasers, ffreeholders and planters shall at all times hereafter upon such and such divisions of the said lands purchased, bee at an equal and proportionable charge and share for the surveying and setting forth of the severall and respective parts or lotts accord- ing to the rate hereafter to be mentioned.
And it is Covenanted, agreed and consented to by all and singular the parties to these presents subscribed, that if any person or persons shall remove, take away and cut downe any such mark or marks, and there be any disturbance about such lott or lotts to be sett out or allotted shall arise, such person or persons shall be excluded from all claime or claimes as he or they by deed or otherwise shall or may make.
Beginnings of Democracy
...The governor and magistrates shall be chosen by the advice and consent of ye said proprietors and ffreeholders every year, and ten or twelve persons to be elected ...to be a councell ... who shall have full power to make such laws ... as to them shall seeme most necessary and convenient.
That the governor and magistrates shall be chosen by the advice and consent of ye said proprietors and ffreeholders every year, and ten or twelve persons to be elected as aforesaid, to be a councell to remain one year, and then the one-halfe of them to be put out and soe many more chosen in their places and soe from time to time after a yeare service to make a new election of a governor and halfe of the councell, or a continuance of him or them as shall be most convenient, who shall have full power to make such laws and customs for the good of the colony and suppression of vice, as to them shall seeme most necessary and convenient.
And it is further Covenanted, agreed and consented to by all and singular the parties to these presents, that all persons that are now or hereafter shall be purchasers of any part of the lands in the colony aforesaid, shall from time to time cause their deed or deeds of the lands soe purchased, if in England, to be registered in the public register of said colony, to be kept in London, within three months after the date of their deeds of purchase, and shall alsoe send over a copy thereof, certified under the hands and seales of the said register, and such person or persons as shall be appointed for keeping thereof, to be regis- tered in the register kept in the said colony, within twelve months after the date thereof; and if the said purchase be made upon the said colony, then the said deeds to be registered in the public register of the said colony, within three months after the date thereof, and a copy certified under the hands and seals of such person or persons as shall be chosen there by public consent of ye said proprietors and ffreeholders, thereto keep the same to be sent to London to be there registered within twelve months after the respective dates thereof. And that all deeds of purchase not so registered as aforesaid shall be of none effect and virtue (the dangers of the seas excepted), any law statute or custome to the contrary notwithstanding.
It is further agreed by and with the consent of all and every of the said parties to these presents, that the said John Fenwick, his heirs and assigns, shall within thirty days after their arrivall in New Caesarea, or New Jersey, purchase of the Indians thirty or forty thousand acres of laud, to be divided among the said several proprietors, purchasers, ffreeholders and planters, according to the equivalent share and proportion of his, her or their severall and respective proprieties, ffreeholds and plantations, and that every such person or persons herein con- cerned shall be satisfied and contented with the remainder of his, her or their severall parts and lotts as the said John Fenwick shall from time to time hereafter purchase of the Indians to be within Ffenwick's Colony.
And all persons that either have purchased or hereafter shall purchase any of the land within the said colony, who shall refuse the subscription of these articles, shall be exempted from all benefits and advantages of the ffreedomes, privileges and im- munities of the said colony. And also that the rates for the surveying of the severall lotts herebefore mentioned shall be regulated and appraised by the governor and his counccell, chosen as aforesaid on the place. Signed after the interlining of these severall words following (soe reserved) over the twenty-third line, page the first, of this present agreement, (of the said colony) over the twenty-ninth line of this said page, (now) over the sixteenth line of the second page, (his heirs and assignes) over the thirty-ffirst line of the same page, (and appointed) over the fifty-first line of the same page of the said agreement, and all and every of these presents shall from henceforth be reputed and taken as a law in the said colony, any law, statute or custome to the contrary notwith- standing.
Signed the twenty-eighth day of June, 1675.
Fenwick,
Jno. Barkstead
Richard Noble
Richard Guy
Robert Wade
John Maddocks
Thomas Mainwaring
Thomas Duke
Edw. Duke
Edward Bradway
William Hughes
Edward Champneys
John Smith
John x his mark Adams
Peter Huff
John Test
John Cann
Edmond Warner
William Hancock
John Eldridge
Roger Pederick
Thomas Anderson
Joshua Barkstead
Henry Salter
Nesimus Nettleshipp
Edward Wade
Roger Lurkings
Samuel Nicholson
John Harding
Edward Harding
William Malster
Samuel Land
Richard Hancock
I originally discovered this document in John Clement: A Sketch of the Life and Character of John Fenwick
The transcription is from Clement.
Source of the title for this page is Documents Relating to the Colonial History of the State of New Jersey Vol. 21, p. 339 Note 1:
“John Smith...bought from Fenwick 1,000 acres at Salem and signed the fundamental articles for the government of the colony, June 28, 1675.”
Richard Hancock, one of the signers, is the great-great-grandfather of Rebecca Davis who married Zaccheus Test in 1783. Richard's brother – William Hancock – was the father of the William Hancock who built the Hancock House at Hancock's Bridge and the grandfather of William Hancock who was killed there at the massacre of March 21, 1778.
The William Hughes listed here is the great grandfather of Joseph Hewes – a signer of the Declaration of Independence – and also the great grandfather of Sarah Dunn who married Benjamin Test (1732 – 1801).Sarah Dunn’s father, Zacheus Dunn, built their famous patterned brick house in 1743.
Edward Champneys: John Fenwick’s son–in–law married to Prescilla Fenwick. He is probably the father of Joseph Champneys who had a servant boy named Zacheus Dunn. Zacheus Dunn’s daughter married Benjamin Test.