In March 1664, King Charles II of England asserted Great Britain's claim to a large territory in America by granting the same to his brother James Stuart, Duke of York. The tract extended from parts of present-day New England to the Delaware Bay. Two months later, by virtue of the document exhibited here, James granted the land between the Hudson and Delaware rivers to two British noblemen: Sir George Carteret, Bailiff of the Isle of Jersey in the English Channel, and John, Lord Berkeley.
Berkeley and Carteret had demonstrated their faithfulness to the Stuart family during the period of English civil war (1649-1664), when Parliament seized control of the government. When Parliament beheaded King Charles I in 1649, Sir George proclaimed the executed monarch's namesake eldest son as Charles II at Jersey's capital at St. Helier. Both Carteret and Berkeley distinguished themselves militarily, on land and at sea, during the battles that followed. Sir George Carteret defended the royal family, along with his own bailiwick in the English Channel, against parliamentary forces. This bold gesture of loyalty was not forgotten by the Stuarts when they were restored to power in London more than a decade after their father's death. And so the new British province established in Mid-Atlantic America in 1664 was to be called "New Cesarea, or New Jersey" to honor Carteret's native isle (which was also shown on maps as "Cesarea").
The Duke's grant to Carteret and Berkeley took the form of a "lease and release" transaction signed on June 23rd and June 24th. Over three and a half centuries later, the manuscript release bearing James's original signature is exhibited here. Penned on animal skin (referred to as parchment or vellum), this legal instrument originally included a wax seal affixed to the tag below the signature.
The document is one of the historical treasures included in the records deposit of the Council of Proprietors of West New Jersey. It was restored by the Conservation Center for Art and Historic Artifacts through a grant from the Society of Colonial Wars in the State of New Jersey. The framed ensealing, which allows for the "Duke's Grant" to be properly displayed, was donated by New Jersey Manufacturers Insurance Group in support of New Jersey's 350th birthday celebration.
This Indenture made the Fower [four] and twentieth day of June, in the Sixteenth year of the Raigne of our Sovereigne Lord Charles the Second by the grace of God of England, Scotland, France and Ireland, King Defender of the Faith, &c., Annoq’s Domini, 1664. Betweene His Royall Highnesse James Duke of York & Albany, Earle of Ulster, Lord High Admirall of England & Ireland, Constable of Dover Castle, Lord Warden of the Cinque=Portes & Governor of Portsmouth of the one part. John Lord Berkeley, Baron of Stratton & one of his maties [majesties] most Honourable Privy Council And Sr [Sir] George Carterett of Saltrum in the County of Devon, Knt [Knight] and one of His maties [Majesty's] most Honoble [Honorable] privy Councell of the other part. Whereas his said Matie (Majesty] King Charles the Second by his Letters Patents under the Great Seale of England bearing Date on or about the Twelveth day of March in the Sixteenth yeare of his said maties [majesty’s] raigne did for the Consideracions therein mencioned, give and graunt unto his said Royal Highnesse James Duke of Yorke his heires and assignes. All that part of the maine land of New England beginning at a certaine place called or knowne by the name of St Croix next adjoining to New Scotland in America, & from thence extending along the Sea Coast unto a certaine place called Pemaquie or Pemaquid, and So by the River thereof to the furthest Head of the Same as it tendeth Northwards, and extending from thence to the River of Kimbequin and so upwards by the shortest Course to the river Cannada Northwards. And also all that Island or Islands commonly called by the Severall name or names of Matowacks or Long Island scituate & being toward the West of Cape Codd and the Narrow Higansetts abutting upon the Maine land betweene the two Rivers there called or knowne by the Severall names of Connectecutte & Hudson's River. Together also with the said River called Hudsons river, & all the land from the West Side of the Connectecutte river to the East Side of Dela Ware Bay. And also severall other Islands & lands in said Letters patents mencioned. Together with the Rivers, Harbours, Mynes, Mynerals, Quarries, Woods, Marishes [Marshes], Waters, Lakes, fishings, Hawking, Hunting & fowleing & all other Royalties, profits, commodities & hereditaments to the said severall Islands, lands & p’misses belonging or appertaining. To have & to hold the said Landes, Islands, hereditaments & premisses with their & every of their appurten[a]nces unto his said Royall Highnesse James Duke of Yorke, his heires & assignes forever to be holden of his said Matie [Majesty] his heires & successors as of the mannor of East Greenwich in the County of Kent in free & common Soccage. Yielding and rendering unto his said Matie [Majesty] his heires & Successors of & for the same yearly & every yeare fourty Beaver Skinnes when they shall be demanded or within Ninety daies [days] after; with divers other Grants, Clauses, provisos & agreements in the said recited Letters patents conteyned as by the said letters patents relacion being thereunto had, it doth & may more plainely & at large appeare. Now this Indenture witnesseth, That his said Royall Highnesse James Duke of Yorke for & in consideracion of a competent Summe of good & lawfull money of England to his said Royall Highnesse James Duke of Yorke in hand paid by the said John Lord Berkley & Sr [Sir] George Carterett before the Sealing & delivery of these presents the receipt whereof the said James Duke of Yorke doth hereby acknowledge & thereof doth acquit & discharge the said John Lord Berkeley & Sr [Sir] George Carterett forever by these presents Hath granted, bargained, sold, released, & confirmed, and by these presents doth grant, bargaine, sell, release & confirme unto the said John Lord Berkeley & Sr [Sir] George Carteret their heirs and assigns forever All that tract of land adjacent to New England and lying & being to the West ward of Long Island, & Manhitas [Manhattan] Island & bounded on the East part by the Maine Sea & part by Hudsons river and hath upon the West Dela Ware Bay or river & extendeth Southward to the Maine Ocean as farre as Cape May at the Mouth of the Dela Ware Bay and to the Northward as farre as the Northermost Branch of the said Bay or river of Dela Ware wch [which] is fourty one Degrees & fourty Minutes of Latitude & crosseth over thence in a Streight Line to Hudsons River in fourty one degrees of latitude; wch [which] said Tract of land is hereafter to be called by the Name or Names of New Ceserea or new Jersey, and also all rivers, mynes, myneralls, Woods, fishings, Hawking, Hunting & fowleing, and all other Royalties, profits, commodities & hereditamts [hereditaments] whatsoever to the said landes & premisses belonging or in any wise apperteyning with their & every of their appurten[a]nces in as full & ample manner as the same is granted unto the said Duke of Yorke by the before recited Letters patents & all the Estate right, titles, interest, benefit, advantage, claime & demand of the said James Duke of Yorke of in or to the said landes and premisses or any part or parcell thereof, And the Revercion & revercions, remainder & remainders thereof. All wch [which] said Tract of land & p’misses were by Indenture bearing date and day before the date hereof, bargained & Sold by the said James Duke of Yorke unto the said John Lord Berkeley and Sr [Sir] George Carterett, for the Terme of one whole yeare to comence from the first day of May last past before the date thereof under the rent of a pepper Corne, payable as therein is mencioned. As by the said Deed, more plainly may appeare. By force & vertue of wch [which] said Indenture of Bargaine & Sale & of the Statute for transferring of uses into possession, the said John Lord Berkeley & Sir George Carterett are in actuall possession of the said Tract of land & prmisses [premisses], and enabled to take a Grant and Release thereof (the said Lease being made to that End & purpose). To have & to hold all & Singular the said Tract of land & premisses; with their & every of their appurtences & every part & parcell thereof unto the said John Lord Berkeley and Sr [Sir] George Carterett their heirs & assignes forever, to the onely use & behoofe of the said John Lord Berkeley & Sr [Sir] George Carterett their heires & assignes forever Yieldinge and rendering therefore unto the said James Duke of Yorke his heires and assignes for the said Tract of land & prmisses [premisses] yearly & ever yeare the Summe of Twenty Nobles of lawfull money of England if the same shall be lawfully demanded att or in the Inner Temple Hall, London, at the Feast of St. Michaell the Archangell yearly. And the said John Lord Berekley & the said Sr [Sir] George Carterett for themselves & their heires Covenant & grant to and with the said James Duke of Yorke his heires & Assignes by these presents. That they the said John Lord Berkeley & Sr [Sir] George Carterett their heires & assignes shall and will well and truly pay or cause to be paid unto the said James Duke of Yorke his heires and Assignes the said yearly Rent of Twenty Nobles att such time and place and in such manner and forme as before in these presents is expressed and declared. In witnes whereof the parties aforesaid to these present Indentures have interchangeably sett their handes and Seales the day and yeare first above written. JAMES
Page Last Updated: 06/05/26
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