Narratives of Newark (in New Jersey) from the days of its founding

Front matter

"h t'

* n'

\J

Table Of Contents

" I. Puritans Arrive in the Wilderness . II. The Fundamental Agreement . •

III. Indians Sell Land to Puritans . •

IV. Instituting Provincial Government . V. Rev. Abraham Pierson, First Pastor

Foreword

Pleasant indeed has been the pilgrimage of the author through the decades to the misty past of "Ye Towne by ye Pesayak River," and if in the Narratives a story has been told as plainly as revealed the pages will be entertaining and instructive to the reader. The history of Newark will ever be of absorbing interest to the studiously inclined. Interwoven therein are splendid types of manhood and womanhood consecrated upon the altar of religious and civic freedom. The heritage cannot be excelled by any municipality on the Continent. The Puritans built well, their chief characteristics being service and loyalty. Through the years their influence has lasted and to the credit of their descendants may it be said that appreciation is not withheld for their "works do follow them," even to the last generation.

The Narratives were revised from a series of articles appearing in the Newark Evening News, written by the author in the winter of 1915-1916, anticipatory of the 250th Anniversary Celebration. An interest was immediately awakened in them and numerous requests for their preservation in book form were received by the writer.

Letters expressing the hope that this step would be taken were written by Hon. Franklin Murphy, former Governor of New Jersey, and Chairman of the Committee of O* Hundred of the 250th Anniversary Celebration; Rt ^cv. Dr. Edwin S. Lines, Bishop of the Episcopal Dicoese of Newark; Rev. Dr. Lyman Whitney Allen, former pastor of the South Park Presbyterian Church and Poet Laureate of the celebration-. Judge Charles S. Pilgrim, former Speaker of the House of Assembly of the New Jersey Legislature; Wilson Farrand, headmaster of the Newark Academy, John Cotton Dana and others.

FOREWORD

The author lias received vahiable assistance from Rev Dr. Allen, who read tlie text of the book; Mr. Dana as Librarian of tlie Newark Public Library; Colonel Austen Colgate, of Orange; Rev. Joseph F. Folsom, corresponding secretary, and Miss Maude E. Johnson, Assistant Librarian, of the New Jersey Historical Societv G F A^etthn, photographer, of Newark; Charles Starr,' of the Orange Chronicle Publishing Conlpan^- Frank P Jewett photographer, of Orange; George H. Harrison of West Orange; John Lenord Merrill, Rev. David O. L'ving, and >\ ilhaiii R. Britton, of East Orange.

Permission to use the articles was kindly given bv the iN'ewark Lvemng Neivs.

The reader must bear in mind that New Year's Dav occurred on March 25 and not on January 1, while reading the early records. The Julian calendar, ordered by Julius Caesar in the year 45 b. c, remained in vogue till 1752 when Pope Gregory's was substituted. The vear 1751 therefore, lost the months of January, Februaiy, and the tirst twenty-four days of March.

^ From the past an inspiration leads us on and the future IS tull of promise of a rising generation's competencv to manage the affairs entrusted to its care and to uphold the good name of Newark.

Old perfumes wander back from fields of clover,

Seen in the light of suns that long have set; Beloved ones, whose earthly toils are over,

Draw near as if they lived among us yet. Old voices call us through the dusk returning;

We hear the echoes of departed feet; And then we ask, with vain and troubled yearning.

What is the charm that makes old things so sweet ?

— Sarah Doudney

NARRx\TIVES OF NEWARK

(IN NEW JERSEY)

CHAPTER I Puritans Arrive in the Wilderness

SLOWLY a group of vessels, of the general type sailed by explorers and others who traveled over the liigli seas in the Seventeenth Centmy, made their way up the Pesayak River on an early May day in 1666. This Puritan company of about thirty families was nearing the end of the pilgrimage from Milford, in the Connecticut colony, to the Promised Land in the wilderness, about which little was known except that it was of great richness of field and forest, with streams aplenty irrigat- ^ — — ,.^^^ - ing the soil. U

Comfortable homes, close relation ''

of kindred and friends, and wolltilled lands were all forsaken in this migration. Tradition, always uncertain as to reliability, has associ- ] ated two ships with that historic I voysige. Perhaps there were more. : After the craft left the broad ex- |^ I pause of bay and followed the river's ^ ^

,1 , J? j_l Sailing vessel of type used by

course, tne countenances OI the Puritans in sailing from Milford to , Ml • 1 Newark

men and women were illumined, as

rich verdure on either side was unfolded. This evidence of Nature's luxuriance was gratefully accepted as a welcome relief from the monotony of the voyage. Stretching away to the westward, the vista made a most pleasing picture to Puritan eye and mind. Undulating acres of wooded land, clearings of wide areas and lowlands thickly covered with growth of tender grass swept before the gaze till the view was lost in the blue haze of mountain-top.

In a northeasterly direction (now known as the Hackensack meadows) a dense growth of cedar trees was noted. Tliis provided generous shelter against the winter's cold blasts. The Puritans thought also of the excellent opportunity offered for securing sustenance from a soil promising rich harvests.

The mists of time have blotted out the place where the vessels anchored. Along the western shore a high bluff extended a considerable distance and the point selected was no doubt at the most convenient depression. During the 250th anniversary celebration a memorial fountain was erected in Landing Place Park, at Saybrook Place, marking the historic incident.

A party of Hackensack Indians were interested observers of the scene of (to them) strange intrusion. They had long watched the unfamiliar craft laboriously moving along the tortuous course of the stream. Intently did they view the high prows, cumbersome sails, and other clumsy appointments of the vessels drawing near. Prosperous people they saw standing upon the decks — uncompromising religionists — determined upon erecting a government according to their idea of correct living.

Governor Winthrop, in 1G65, secured a charter from Cliarles II, which merged New Haven and Connecticut into one colony. This was displeasing to the strict church members in the former jurisdiction. Liberty of churches, in fact, their safety, was now in danger, they avowed, when the Half-way Covenant was adojited aS part of the new Constitution. Baptism of children was thereby allowed, irres])ective of parents' church membersliip. The Pin-ihm l)ractice i)ermitted this ordinance only for children of "the elect." The combining of the two colonies and the adoption of the obnoxious covenant had been anticipated by the more discerning of the "disaffected."

Robert Treat was chainnan of a committee acting for Ihem in their desire to migrate from this intolerant religious enviromnent. Several desirable tracts back of Staten Island, in the vicinity of Raritan River and under the juris-

PURITANS ARRIVE IN THE WILDERNESS 5

diction of Governor Stuyvesant of New Amsterdam, were inspected. Negotiations with the Dutch ended, however, principally because sufficient liberty was not guaranteed the Puritans in the proposed settlement. Sliips, filled with English soldiers and sailors, soon afterward appeared in New York harbor, whereupon Governor Stuyvesant, surprised and overwhelmed, surrendered to the invaders, without resistance, all the dominion known as New Netherlands. Charles II, who assumed possession of the land by right of discovery, granted it to his brother, James, Duke of York. The latter then sent out the expedition which so thoroughly bewildered the Dutch authorities. The Duke's estate extended from the west bank of the Connecticut River to the east shore of Delaware Bay and was named New Albion. Sir George Carteret and John Lord Berkley were assigned that portion now known as New Jersey, but first named Nova Caesarea. Ten shillings and an annual rent of one pepper corn to be paid on the day of nativity of St. John the Baptist, if legally demanded, was the consideration asked of and agreed to by Carteret and Berkley. The transfer was effected on March 12, 1663. Three months later, on June 23 and 24, 1664, the land was formally

Tjossessed.

Philip Carteret, cousin several times removed of Sir George Carteret, was commissioned Governor of New Jersey. Headquarters were established on a commanding plot of ground back of "Achter Koll," as the narrow body of water separating Staten Island from the mainland was named by the Dutch. Four families were living near the site when Governor Carteret and retinue of thirty persons arrived in August, 1664. The settlement was named Elizabeth Town, in honor of Lady Elizabeth, wife of Sir George Carteret.

Flourishing growth was expected of this aristocracy; but it was, as will be shown in another chapter, a source of much trouble to the owners living 3,000 miles across the Governor Carteret sent agents to New England, seeksea.

G NARRATIVES OF NEWARK

ing homesteaders for his colonization scheme. They carried llie constitution of the new Government, entitled "The Concessions of the Lord Proprietors of New Jersey," which granted the essentials, religious and otherwise, sought by the Puritans. Eagerly did Robert Treat and Rev. Abraham Pierson (noted Congregational minister) accept the overtures for settlement on the river "back of Achter Koll," where 40,000 or more acres of land were at the disposal of settlers. A yearly quit-rent of half-penny per acre, to be paid the Lord Proprietors, was agreed upon. Treat's glowing report of the country's agTicultural possibilities, after a visit there in the late winter of I6G0, was the incentive for immediate preparations by the Milford group for the exodus. And now the aborigines beheld the zealous people braving the hardships of an unknown region in adherence to their religious principles.

According to family tradition, Elizabeth Swaine, daughter of Samuel Swaine, gained the distinction of being the first white woman to step ashore, being assisted by Josiah Ward, who afterward became her husband. The unloading of sundry articles of household necessity and other requisites for the pioneer life was quickly accomplished. This was followed by prayer, offered by one of the men, for safe deliverance from the misfortunes of the sea and for safe debarkation in the new home — this branch of Zion planted in the wilderness.

An Indian, who had stolidly watched the scene, then stepped forward and demanded payment for the land about to be occupied. The claim was advanced that it was the red man's property, and these Puritans, dressed in small clothes, and wearing queer, steeple-crowned hats, were interlopers. At least that was thought to be the probable explanation of the speaker's vehement language. The Puritans, by enlisting the services of an interpreter, John Capteen, a Dutchnum, who lived at Hackensack, learned the cause of Indian ire. They were quickly apprised of the fact that the Governor had not attended to the treaty price

PURITANS ARRIVE IN THE WILDERNESS 7

with the Indians, as he had guaranteed. Reluctantly it was decided to return to Milford.

Alas! the migration was in vain, and visions ot a iemple erected in yonder clearing to the glory of the Great Jehovah w^ere now ruthlessly shattered.

"I had expected the Governor had cleared the plantations from all claims and encumbrances," said Captain Treat to the Indians through the interpreter, "and had given us quiet possession, which he promised to do; but no s^ooner are we on the place and having our goods landed, than 1 and others of this company are ordered off. You claim right as Hackensack Indians by being first here. We have the Governor's order to take the land, but you say that it

is unpurchased." , ^ . x i

The captain was very much exercised. Carteret appeared upon the scene as the vessels were being reloaded. Ihe fate of the expedition now hung in the balance. Addressing the Governor, Captain Treat said that he did not understand his position. Had not the company agreed to pay the half-penny annual quit-rent per acre? Had they not come into the land determined to settle and even end their davs here, cultivate the soil and glorify the name of God^ The Puritan blood of the speaker was rising. Every word was listened to with profound interest by his associates, for he was a man of wisdom and of much experience in worldly and spiritual affairs. The interpreter communicated the statement to the Indians. They th^^ knew the truth was told, if suspicion to the contrary had been entertained by them. - ,^,, The Governor acknowledged failure on his part to fulfill the contract, but implored the people to remain. Consent to this appeal was finally granted by heads of families (women had no voice in public affairs). The partly-loaded goods were again brought ashore and preparations made to spend the night as comfortably as the limited means per-

''"The precious tinder box containing flint, steel and woolen cloth was ever ready. The two hard substances were brought together with dexterous motion till sparks were produced. These ignited the cloth, then placed under the stack of wood, and in this manner the fire was kindled.

Symbolical indeed ! Here was begun a fire of vital strength and usefulness which figuratively speaking was to burn on through the years till a great company, not numbered by tens, but by hundreds and even hundreds of thousands, were to receive the benefits of the heroic, sacrificial spirit of the pioneer group !

Perro, a minor chief, acting as spokesman for the Indians, informed the Puritans that Oraton, the great chief, was four score and ten years of age, and would, therefore, be compelled to leave the business details to younger men. Not a little surprise was expressed by the captain and his committeemen, upon visiting the village at Hackensack, to note the well-cultivated gardens planted with corn, peas and other vegetables, all faithfully tendetl by the women while the men were absent on hunting trips, fishing excursions or engaged in warring upon other tribes. The principal style of dwelling was the lodge. Bark of the chestnut tree, grass, and other material were woven in the construction, making it (luite impervious to the inclemencies of the seasons. The roof was usually dome-shaped; the oblong l)uilding was also used.

The antecedents of the Hackensack band, Unami Division, of the Delaware or Leni Lenape tribe, with whom the Puritan Fathers negotiated, are unknown, but there is no doubt of long possession. Implements of stone and other material were found in the soil and the evidences of long settlement at landing places and the charactt^r of the abodes, all tended toward this belief. The Ilackensacks were not warlike, were scantily clothed, and always ready for a run over the fields in search of game. The principal garment of the women had more the appearance of a bag than a dress, consisting of a square piece of buckskin, wrapped about the waist and allowing a bulge, into which articles needed in the daily life were placed while on a march.

PURITANS ARRIVE IN THE WILDERNESS 9

Oraton, through Perro, assured the comiiiittee that the settlers would not be disturbed in their home making. The bill of sale, it was agreed, should be held in abeyance till after the Branford and Guilford companies arrived inthespringof 1667.

Opportunity was thereby given to secure the purchase price at leisure — sundry useful articles, of more value to the Indians than silver and gold.

CHAPTER II The Fundamental Agreement

"Such was their creed — a hfe and not a name Aiid here to found their perfect State they came."

A. D. F. Randolph.

T TPON tlie settlers rested the weighty responsibility of ^-^ final trial in the New World of "carrying on spiritual concernments, and also civil and town affairs according to God and a Godly government." Humor had no place in their daily routine, and life on tliis mundane sphere was continually a serious matter.

The religious spirit finds expression in positive manner in the Fundamental Agreement or constitution upon which the town was founded. Unanimously adopted at the first town meeting on May 21, 1666, by the Milford comi)any and delegates representing Branford and Guilford, the docmnent was then forwarded to the two latter places for signatures of residents of those places contemplating the pilgrimage. Credit is therefore given the men of Branford and Ciuilford of signing first.

THE AGREEMENT

"October 30, 166G.

At a meeting touching the Intended design of many of the inhabitants of Branford, tlie following was subscribed:

Lst. That ilonc shall be admitted freemen or free Burgesses |Deut. i-13] within our Town upon Pesnynk River in the Province [Exod. xviii-'-21] of New Jersey but such Plnnters as arc members [Dent, xvii-15] of some or other of the Congregational Chnrches, nor shall [Jer. xxx-Sll any but .such be chosen to magistracy or to Carry on any part of said (^ivil Judicature, or as deputies or assistants, to have poM-er to Vote in Establishing laws,

THE FUNDAMENTAL AGREEMENT and making or Repealing them or to any Chief Mihtary Trust or Office.

Nor shall any But such Church Members have any Vote in any such elections; Tho' all others admitted to be planters have Right to their proper Inheritances, and do and shall enjoy all other Civil Liberties and Privileges, According to all Laws, Orders, Grants, which are or shall hereafter be made for this Town.

2d. We shall with Care and Diligence provide for the maintenance of the purity of Religion professed in the Congregational Churches. Wherefore unto subscribed the Inhabitants of Branford.

Jasper Crane Thomas Huntington

Abraham Pierson Ebenezer Canfield

Samuel Swaine John Ward, Sr.

Laurence Ward Edward Ball

Thomas Blacthly John Harrison

Samuel Plum " John Crane *

Josiah Ward Delivered Crane

Samuel Rose Aaron Blatchly

Thomas Pierson Richard Laurence

John Ward John Johnson

his

Thomas L Lyon

Diark

John Catling

Richard Harrison And upon the reception of their Letters and Subscriptions, the present inhabitants, in November following, declare their consent and readiness to do likewise, and at a meeting the twentyfourth of next June, following, in 1067, they also subscribed with their own hands unto the two fundamental agreements expressed on the other side, their names as follows:

Robert Treat Obadiah Bruen Matthew Canfield Samuel Kitchell Jeremiah Peck Michael Tompkins Stephen Freeman Henry Lyon John Browne John Rogers Stephen Davis

Edward Rigs Robert Kitchell

his

John B Brooks

mark his

Robert V Lymens

mark his

Francis F Linle

mark

Daniel Tichenor John Bauldwin, Sr.

John Bauldwin, Jr.

Jonathan Tompkins George Day Thomas Johnson John Curtis Ephraim Burwell

his

Robert R. Dennison

mark

Nathaniel Wheeler Ephraim Pennington

Zachariah BurweU Martin Tichenor

William Camp John Brown, Jr.

Joseph Walters Jonathan Seargeant

Robert Dalglesh Azariah Crane

Hauns Albers Samuel Lyon

Thomas Morris Joseph Riggs

Hugh Roberts Stephen Bond

The texts of Scripture incorporated, emphasized the complete obedience to an overruling Providence:

"Take you wise men, and understanding, and kno^Ti among your tribes, and I will make them rulers over you.''— Deut. i-13.

"Moreover, thou shalt provide out of all the people able men, such as fear God, men of truth, hating covetousness; and place such over them to be rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of tens."— /;.rof/. xviii-^21.

"Thou shalt in any wise set him King over thee, whom the Lord thy God shall choose; one from among thy brethren shalt- thou set king over thee; thou mayest not set a stranger over thee, which is not thy brother "~Deuf. xvii-15.

"And their nobles shall be of themselves and their governor shall proceed from the midst of them." — Jer. xxx-3L

^^ The Surveyor-General of Elizabeth Town arranged ''Middle highways in the length and breadth of the town (Broad and Market streets of our day) to be eight Rods wide and the Rest four." ^Mulberry and AVashington streets, included in the first map of road laying, were named respectively East Back Lane and West Back Lane.

Three ranges were provided "with due preparation and solenmization," one each for the people of Milford, Branford, and Guilford. Drawing for home lots was adopted as the most expeditious and hannonious method of settlement. ^ These lots consisted of six acres, except that of Captain Treat. He was allowed not only two additional acres, but also lh(^ i)riviU-v of first choice. This honor was ill ri«tuni for his skill and exi)ense in negotiating the purchase of the land. He selected the lot at the southeast

THE PX^NDAMENTAL AGREEMENT 13

corner of the highways running the length and breadth of the towns and extending easterly to East Back Lane (now Mulberry Street) and in a southerly direction beyond the point now occupied by the First Presbyterian Church. The two extra acres were on the westerly side of the roadway, near the watering place.

All the men capable of handling axe, adz and saw, made inroads into the adjacent forests as huge trees were felled and hewn into required length for home building. Before the summer and autumn passed the virgin soil of early spring was dotted with neatly laid-out farms, on which were erected the homes of the people.

TOWN LOTS OF THE FIRST RESIDENTS

Made by Samuel H. Conger

Northeast Section: A, Deacon Lawrence Ward; B, John Catlin; C, Samuel Kitchell; D, Josiah Ward; E, John Rogers; F, Robert Kitchell; G, Jeremiah Pecke; //, Obadiah Bruen; I, The Seaman's Lot; J, Thomas Richards; K, John Harrison; L, Aaron Blatchly; M. Stephen Davis; N, Samuel Plum; 0, John Crane; P, The Boatman's Lot; Q, Robert Lymon; R, John Davis.

Northwest Section: A, Lieutenant Samuel Swaine; B, Sergeant Richard Harrison; C, Edward Ball; D, John Morris, in 1688; E, John Ward, Sr.; F, Matthew Canfield; G, Abraham Pierson, Jr.; H, Jasper Crane; /, Thomas Pierson, Sr.; J, Benjamin Baldwin; K, Thomas Huntington; L, Alexander Munrow; M, The Elder's Lot; N, John Ward, Jr., the turner; 0, Deacon Richard Laurence; P, Delivered Crane; Q, Hans Albers; R, Samuel Rose; S, The Miller's Lot; T, Samuel Dod; U, Daniel Dod; V, The Corn Mill.

Southeast Section: A, Captain Robert Treat; B, Abraham Pierson, Sr.; C, Robert Denison; D, Thomas Johnson; E, George Day; F, Nathaniel Wheeler; G, Joseph Riggs; //, William Camp; 7, Martin Tichenor; J, Stephen Freeman; K, John Curtis; L, John Baldwin, Sr.; M,

1 ^ N.y^RATI^ ES of Newark

Tlioina.s Staples; .V, John Baldwin, Jr.; 0, Deacon Michael Tompkins; P, Jonathan Tomkins; Q, Ephraim Pennington; R, Seth Tomkins; S, The Tailor's Lot; 7\ Thomas Pierson, Jr.; U, Samuel Harrison; V, John Browne, Jr.; W, Edward Riggs; A', Hugh Roberts.

Southwest Section: A, The Meeting-house; B, Captain Treat's extra; C, John Johnson; D, The Parsonage Home Lot; E, John Browne, Sr.; F, Stephen Bond; G, Zachariah Burwell; //, Ephraim Burwell; I, Thomas Ludington; J, John Brooks; K, Thomas Lyon; L, Joseph Johnson; M, John Treat; N, John Gregory; 0, Henry Lyon; P, Joseph Walters; Q, Sanuiel Camfield; R, Robert Dalglesh (or Douglas); S, Francis Linle (or Lindsley); T, Matthew Williams; U, Walter's second division.

A stream having its source in the spring on High Street emptied into the frog pond and did not continue to the Passaic River, as indicated on the map. This was an error of the engraver.

Averaging thirty feet in length and sixteen feet in width, the houses were one and a half stories in height. Sloping roofs prevented an accumulation of rain and snow thereon. Water used for laundry i)uri)oses was stored in rain barrels as it drijiped from the roof in stormy weather, while a spring or brook supplied the commodity needed in other domestic requirements. When these were not available a well was opened on the premises. The watering place, where the Mve stock was refreshed, was already provided near the intersection of the two highways (now the southwest corner of Broad and Alarket streets). Here the frogs croaked undisturbed in the early spring; hence the name Frog Pond was more frequently ai)plied. The frogs also served as a barometer. Twice, according to superstitious belief, were they to be hushed by freezing weather before the soil was ready for spring planting. Not far away, in a westerh' direction, near the Essex County (^ourthouse, was the source of supply in a never-failing spring. The water trickled along tlic highway to West Back Lane and then in a south-

THE FUNDAMENTAL AGREEMENT 15

easterly course to the depression in which the water was impounded.

Cavernous or double chimneys with which every house was equipped were made of clay and timber. They served more as an element of danger than safety till after a few years' trial, when stone and mortar were used exclusively in the construction. The hearthstone was in the main or living room, and used also as the Idtchen. The door opened on a level with the yard. The master was thereby enabled to bring in the back log at night with comparative ease. Of ample girth and averaging six to eight feet in length, it was drawn to the kitchen door by horse or ox and then deposited upon the fireplace. This was the last chore of the day. Carefully were the burning embers banked about the log. Through the long night the fire smouldered and in the morning was quickened into a lively blaze. When this failed a member of the family was sent post haste with an iron kettle to the nearest neighbor, where some "live coals" were borrowed with which the fire was restored. Flint and steel had an obstinate way at times of refusing to send out the coveted sparks when wielded by hands numbed with the cold.

Foodstuffs were largely provided from field and stream during the first summer and there was no worriment about the high cost of living. Of game there was plenty, and fish of many varieties were taken from the river. Strawberries, wild and juicy, peeping here and there in the gi*ass when the June sun shone the strongest, were plucked by the women and children. Other fruits were also gathered in season. The grape and plum were the more luxuriant.

Provision must be made for fuel (coal was not used till a century and a half later). Shortened September days gave warning of winter's approach and the attention of all the people was directed toward securing this necessary supply of household comfort. Stacks of firewood, towering many feet, rewarded the yeoman effort before tlie first snow whitened the landscape.

111 I lie town j)laiiiiiiig .space was reserved for the market place, where the people exchanged coniniodities. This was known as the Upper Common, now Washington Park. Military Park was also an original reservation and was designated the Lower Common or the soldiers' training ground.

Not till November did the delegation of New Englanders arrive with the long-awaited Fundamental Agreement, signed and sealed and necessary' subscriptions guaranteed. Chilling winds and snows of the long winter months were succeeded by the balmy days of the vernal season and singing birds filled the woods with their music. The year 1667 had arrived and the Branford and Guilford contingents were daily expected. Early in June they came with their worldly effects. On the 24th of the month the items to be attached to the Fundamental Agreement for town guidance were read, discussed and adopted. Signatures of the Milford people were duly attached to the document and the remainder of the meeting was devoted to solemn service of prayer. In this manner was ]Milford by the Pesayak River dedicated to the service of God and man. The name was later changed to Newark, in honor of Rev. Abraham Pierson, who received his ministerial orders at Newark-on-the- Trent, in England. The name was also pronounced and spelled New Worke and New Ark.

The character of the people desired, their behavior while in residence and the manner of their going from town Wiis promulgated in this manner:

Item, it is agreed upon tliat in case any shall come into us or rise up amongst us that shall willingly or wilfully disturb us in our Peace and Settlements, and esi)ecially that would subvert us from the true Religion and worship of God, and cannot or will not keep their o})inions to themselves or be reclaimed after due Time and means of Conviction and reclaiming hath been used; it is unanimously agreed upon and Consented unto us as a Fundamental Agreement and Order, that all and Persons so ill disposed and affected shall after due Notice given them from the Town,

THE FUNDAMENTAL AGREEMENT 17

quietly depart the place Seasonably, the Town allowing them valuable Considerations for their Lands or Houses as Indifferent Men shall price them, or else leave them to make the best of them to any Man the Town shall approve of.

Item — it was ordered and agreed upon, in Cases of changes of Lands or any kind of obligation whatsoever by Gift, Sale, Exchange, or otherwise, that any new Inhabitant shall arrive or come into Town, to inhabit with us; it is agreed and ordered that he or they from Time to Time shall in all Respects subscribe and enter into the same engagements as his Predecessors or the rest of the Town have done, before he or they can or shall be accounted Legal Inhabitants in our Town, or have . . . Title to their Lands or Possessions therein.

Item — it is solemnly consented unto and agreed by all the Planters & Inhabitants of the Town of Newark from their settling together at first, and again publicly renewed as their Joint Covenant one with another, that they will from Time to Time all submit one to another to be led, ruled and governed by such Magistrates and Rulers in the Town as shall be annually chosen by the Friends from among themselves, with such orders and Law whilst they are settled here by themselves as they had in the Place from whence they came, under such Penalties as the Magistrates upon the Nature of the offence shall determine.