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By His Excellency Richard Earl of Bellomont, Captain General and Governour in Chief of His Majesties Province of New-York, and Territories depending thereon in America, and Vice Admiral of the same, &c. A PROCLAMATION

WHereas the Proprietors of East-New-Jarsey have been very pressing with the Right Honourable, the Lords Com­missioners for Trade and Plantations, to have the Priviledge of a Port at Perth-Amboy within the said Collony of New-Jarsey, assertaining that they have a Right thereunto by virtue of a Grant they obtained from the late King James, dated the 14th of March, 1682. though in reality he was then only Duke of York, and derived his Title thereunto from a preceeding Grant from his Royal Brother King Charles the second; and have thereupon complained, that their Rights and Properties have been invaded by the Government of New-York, in compelling their Ships to go up to New-York, and d [...]ing of them the benefit of a Port at Perth-Amboy. Which Complaint having been taken into the Consideration of the said Right Honourable, the Lords Commissioners for Trade and Plantations, who, with the Advice of his Majesties Attorney and Sollicitor General, gave unto His Majesty their humble Opinion, That by an Act of Parliament made in the 2 [...]th Year of King Charles the second, cap. 7. entituled, An Act for the better securing the Plantation Trade, That all Ports are to be appointed in the Plantations by the Commissioners of the Customs of England, by and under the Authority and Direction of the Lord Treasurer, or Commissioners of the Treasury in the respective Plantations, for the collecting such Customs as are due to his Majesty in these Plantations. And that the aforesaid Power of appointing Ports, granted to the Commis­sioners of the Customs by the said Act, was not granted to the Duke of York by the said Letters Patents; and also the said Duke of York's Grant to the Lord Berkley and Sir George Carteret could not convey any such Power, because he had no such power granted to him by the Crown. Whereupon it appeareth evident, That the said Proprietors have no manner of Right or Power to constitute Ports either in East or West New Jarsey, from the late King Charles the second, the then Duke of York, or any other Person deriving Authority from either of them, but that a Power of constituting such Ports in any of his Majesties Plantations, is vested by Act of Parliament in the Commissioners of his Majesties Customs, under the Directions of the Lords Commissioners of his Majesty's Treasury.

And the said Right Honourable, the Lords Commissioners of Trade and Plantations were further humbly of Opinion, That all Priviledges should, as much as possible, be preserved unto the Province of New-York. Which his Majesty was most graciously pleased to Approve; and thereupon was pleased to dismiss the said Petition of the Proprietors of East New-Jarsey ▪ and to order, That there be not any Innovation within the River of New-York, nor any Goods to pass up the same, but what shall have paid the Duties at New York, to the end the benefit of that Trade may be preserved to the Inhabitants and Traders of New York and Albany, the same being agreeable to the Laws of his Majesties said Province, and to former Practice as well as necessary for the collecting of those Customs and other Duties which are to be raised for the support of His Majesties Government in his said Province.

And whereas I am Informed, That notwithstanding of the Declaration of His Majesties Royal Will and pleasure in the Premises, the Proprietors and other the Inhabitants of the said East New-Jarsey, do contrary thereunto, endeavour to settle and establish a Port at Perth-Amboy, to the great Obstruction and Decay of the Trade and Revenue of this His Majesties Province. I have therefore thought fit, by and with the Advice and Consent of His Majesties Council, strictly to charge and command his Majesties Collector and Receiver General of this His Majesties Province of New-York, and all Custom House-Officers under him, and all other person and Persons whom these Presents may or can concern, that all and every of them in their respective Places and Circumstances, do take effectual care that no Ship or Vessel be suffered or permitted to go unto Perth-Amboy, or unto any other Port or Place within the said East-New-Jarsey with any Goods or Merchandize whereon any Duties or Customs do arise by virtue of the Laws of England and this Province, without their first coming and entring the same in his Majesties Custom-House at New York, and paying there the aforesaid Duties established by the Laws, as aforesaid. And if any Ship or Vessel shall, contrary hereunto, go into any Port or Harbour in the said New-Jarsey, then his Majesties Collector and Receiver General, or any Officer appointed by him, shall seize and stop the same un­discharged by due course of Law. And all Persons are hereby strictly Charged and Commanded to take Notice hereof accordingly, as they will answer the contrary at their Peril.

Bellomont

God Save the KING.

Printed and Sold by William Bradford, Printer to the Kings most Excellent Majesty in the City of New-York, Anno Domini, 1698.

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