America : We have considered all the said papers, together with others of the like nature, that were already in our hands ; and having likewise heard what the proprietors and others had to offer ; we thereupon most humbly report to your excellencies,
That those countries which are now known by the name of East and West New-Jersey, were granted, together with several other territories, by king Charles the second, by letters patents, bearing date the 12th day of March, 1664, to the then duke of York, his heirs and assigns. . . .
That the said duke of York did thereupon grant, convey and assign, the said provinces, (by the names of Nova-Cæsaria or New-Jersey) to John lord Berkeley and sir George Carteret, their heirs and assigns, with all and every the appurtenances thereto belonging, in as full and ample manner as the same was granted to him, by the aforesaid letters patents of king Charles the second.
That his said majesty king Charles the second, by other letters patents, dated the 29th of June, 1674, did again grant and convey to the said duke of York, all the said lands and territories, in the same manner as before expressed ; and that several sub-divisions and sales, having in the mean while been made by the said lord Berkeley, sir George Carteret, and others claiming under them ; he the said duke of York, did, by indenture, dated the 6th day of August, 1680, grant and confirm the province of West New-Jersey, with all the appurtenances thereunto belonging, to Edward Byllinge, of Westminster, gent, in whom the title thereunto then was, and to his heirs and assigns forever ; and did in like manner, by indenture, dated the 14th day of March, 1682, grant and confirm the province of East New-Jersey, with all the appurtenances thereto belonging, to James Earl of Perth, William Penn, esq ; and several other persons, in whom the title to the same then was. . . .
That the present proprietors, who derive their respective titles to their several shares and proportions of the soil of these provinces, by several mean conveyances, from and under the aforementioned grants to Edward Byllinge, and to the Earl of Perth, and other persons to whom the duke of York had immediately conveyed the same ; do in like manner, and by virtue of divers such mean conveyances, claim the same powers and rights of government as were granted by king Charles the second, to the duke of York ; and by him to others, according to the tenor of the aforesaid indentures.
That nevertheless, we do not find, that any sufficient form of government has ever been settled in those provinces, either by the duke of
