While Nicolls was on his way to capture the Dutch possessions in America, the Duke of York conveyed to two favorites all the territory between the Hudson and Delaware rivers from Cape May north to the latitude of forty degrees and forty minutes.

Those favorites were Lord Berkeley, brother of the governor of Virginia and the duke's own governor in his youth, and Sir George Carteret, then the treasurer of the admiralty, who had been governor of the island of Jersey, which he had gallantly defended against the forces of Cromwell.

In the charter this province was named "Nova Caesarea or New Jersey," in commemoration of Carteret's loyalty and gallant deeds while governor of the island of Jersey.

Colonel Richard Nicolls, the conqueror of New Netherland, in changing the name of the province to New York, ignorant of the charter given to Berkeley and Carteret, called the territory west of the Hudson Albania, in honor of his employer, who had the title of Duke of York and Albany.
Berkeley and Carteret hastened to make use of their patent.

The title of their constitution was: "The concessions and agreement of the Lords Proprietors of the Province of Nova Caesarea or New Jersey, to and with all and every new adventurers and all such as shall settle and plant there." It was a fair and liberal constitution, providing for governor and council appointed by the proprietors, and deputies or representatives chosen by the people, who should meet annually and, with the governor and his council, form a general assembly for the government of the colony.