That the greatest number of the proprietors of both those provinces residing in this city, being hereby sensible of the necessity of his majesty's authority, for the preserving of peace and good order in those countries, have lately presented a petition to your excellencies ; in the preamble whereof, though they still seem to assert their title to the government of the said provinces ; yet nevertheless in the end, declare they have agreed, and are ready to surrender the same to his majesty, upon such terms and conditions as are requisite for preservation of their properties and civil interests. . . .
That the proprietors of East New-Jersey, residing there, have signed and sent over hither, to a gentleman whom they have constituted their agent and attorney in that behalf, an absolute and unconditioned surrender of their right to the government of that province, so far as the same is in them, and so far as they are capable of doing it for others concerned with them in that propriety. . . .
Upon all which, we humbly represent unto your excellencies, that not being satisfied, that the aforementioned grants from the duke of York, (the only title upon which the said proprietors claim a right to government) without any direct and immediate authority from the crown, were or could be of any validity to convey that right, (which we have been informed is a power unalienable from the person to whom it is granted, and not to be assigned by him unto any other ; much less divided, subdivided, and conveyed from one to another, as has been done in the present case) We did thereupon humbly represent to his majesty, the 18th of April, 1699, that a tryal might be had in Westminster-Hall, upon a feigned issue, whereby their claim to the right of government, might receive a determination.
That no such determination having yet been made, nor any proceedings (that we know of) had, upon the forementioned surrender ; but it being generally acknowledged, both by the inhabitants and proprietors of the aforesaid provinces, that the disorder and confusion they are now fallen into, are so great, that the publick peace and administration of justice is interrupted and violated ; and that whilst those disorders continue, there neither is, nor possibly can be, any due provision made, for the guard and defence of that country, against an enemy, we are humbly of opinion, that it is very expedient for the preservation of those territories to the crown of England, and for securing the private interest of all persons concerned, that his majesty would be pleased to constitute a governor over those provinces, by his immediate commission ; which
