of Virginia or Maryland, for the particular town itself is never named the Manhattans, but New Amsterdam.

And in regard to the South river, or as it is called by the English, Delaware bay, in particular: The said river was, in the primitive time, likewise possessed, and a Colonie planted on the western shore within the south cape, called the Whorekill even unto this day. The Dutch had erected their States' arms and a little fort there and everywhere in their country, but were, after some time, all slain and murdered by the Indians; so that the possession of this river, from the very first, was in its infancy sealed with the blood of a great many souls. Afterwards, in the year 1623, Fort Nassou was built about 15 leagues up the river on the eastern shore, besides many other places in process of time, by the Dutch, and the Dutch Swedes settled here and there, until the Governor-General and Council of New Netherland thought good to remove the said Fort Nassou, in the year 1650, down the river back again, and there fix a town or village, as it is at this day, without any man, from Maryland or Virginia, ever making protest or pretence against it. We say, furthermore, that we have the propriety and just right and title of the whole river and of all our above said Province, lawfully obtained and legally bought from the Indians, the native proprietors, especially the western side, which we maintain we have purchased, from time to time, to this date, landward in to the west as far as, and much farther than, our line and limits are as yet extended and seated. By virtue of all which, and the right and title above mentioned, we have, as is publicly known to this day, always maintained and defended, and will forever defend the said river, against all usurpers and obstructors.

Thirdly. From that primitive time aforesaid have the Dutch nation in the Province of New Netherland, and the English nation in the Province of Virginia and Maryland aforesaid, everywhere maintained friendly and neighboring correspondence together, and even, which is very proper to be noted, in the last open war, without any pretence, injury or molestation one against the other; until upon the eighth day of September, this current year, 1659, Colonel Nathaniel Utie came to our aforesaid South river (by the English called Delaware bay), into the town and Fort New Amstel, erected, as stated, in the year 1650, and without any special commission or lawful authority exhibited from any State, Prince, Parliament or Government, only by a piece of paper and cartabel in the form of an instruction from Philip Calvert, Secretary, written without year or day, or name or place, neither signed nor sealed by any State, Prince, Parliament or Government, in a commanding manner required, in a strange way, that the place and country should be delivered up to the Province of Maryland, as he saith, for my Lord Balthimore, going from house to house to draw and seduce the inhabitants into a revolt against their right, lawful Lords, Sovereigns, Governor and Province, threatening, in case of no immediate voluntary submission and obedience, to come again and bring the people thereto by force of arms, fire and sword, whereunto he saith a great company or multitude were expressly kept in readiness. Nay, that the whole Province of Maryland would rise and come to reduce them, and that they then should be plundered and their houses taken from them, and so forth. Against such action and insulting and illegal proceedings the Deputy Governor and magistrates of the aforesaid river and Colonie have protested and answered under the signature of their own hands, dated the 9th of September, 1659, last past, insinuating that the further occupation of that great business of consequence did belong and must be referred to the Honorable Governor-General and Council of the whole Province of New Netherland, of whom an answer might be expected within three weeks' time 11

VOL. II.

Who, after having furnished aid and assistance to their subjects in the aforesaid river, have sent us the underwritten Ambassadors and messengers with all speed hither to you, the Honorable Governor and Council, Assembly, or whom it in any way may concern, in the Province of Maryland in Chesapeake bay, to declare and make known by power and authority of our commission, whereof we herewith deliver a duplicate:

First. That the aforesaid injurious acts are done not only against the law of nations, neighborly friendship and common equity, but also directly contrary to the amity, confederacy and peace, made and concluded in the year of our Lord 1654, between the two nations of the Republic of England and the Republic of the United Provinces and their subjects all over the world (vizt.), Articles 2, 3, 5, 6, 9, 10 and 16, whereby we proclaim that the said amity and peace are disturbed and interrupted by the said Nathaniel Utie or his principals of the Province of Maryland, against the Province of New Netherland aforesaid, and therefore protest, and in virtue of the above said 16th article of peace and amity, demand justice and satisfaction for all those wrongs and damages the Province of New Netherland and their subjects have already by the aforesaid injurious proceedings, suffered, or hereafter may come to suffer.

Secondly. We demand that all the Dutch and Swedish people, subjects, runaways and fugitives, who from time to time, especially this present year (for the most part, deeply indebted or delinquents), are come over and are skulking in this Province of Maryland, be sent back to our South river and Colonie, as 'tis strongly suspected that, incited by the above said odious and injurious design, they are thereunto encouraged from hand to hand. Declaring that the Honorable Governor-General and Council of New Netherland are in readiness to do the like by sending back to Maryland all the runaways and fugitives who may come into their jurisdiction and government aforesaid; with notice, in case of refusal, that, according to the law of retaliation, the Honorable Governor-General and Council of New Netherland aforesaid hold themselves constrained, necessitated and excused to publish free liberty, access and recess to all planters, servants, negroes, fugitives and runaways who, from time to time, may come out of the jurisdiction of Maryland into the jurisdiction of New Netherland, aforesaid.

And (to say something, by way of remark, to the supposed claim or pretence of my Lord Balthimore's patent unto our aforesaid South river or Delaware bay), we utterly disown, reject and deny, that any power and authority (except peace breakers and those who act as public enemies, who rest only upon their strength and self-will), may or can legally come to reduce or subjugate the subjects in said river from their right, lawful Lords and proprietors, who have been forty years undeniably, justly and lawfully possessed and settled as above said, whilst, on the contrary, Lord Balthamore's patent is of no longer standing and settlement than about 24 or 27 years, and does not contain any particular expression or special title to take that river of Delaware bay from the Dutch; nay, not so much as Sr. Eduard Ploetsen, in former time, would make us believe he had, when it was afterwards proved and found out that he had only subretively and fraudulently obtained something to that purpose which was invalid. And, assuming that the said Lord Baltamore or any other person hath any seeming title to the aforesaid river or Delaware bay, then his Lordship, according to the 30th article of the peace and confederacy, should have repaired before the 18th of May, 1652, to the Honorable Commissioners appointed by both States for the determination of such and the like differences as might have arisen or occurred between the two nations in distant parts of the world between

In another copy this date is the 20th of May. -Ep.

the year 1611 and the 18th of May, 1652; after the expiration of which time, it is in plain terms prohibited and proclaimed that then no farther claims should be admitted, which is to be obeyed. To prove the true meaning and interpretation of the aforesaid thirtieth article by two palpable examples and by evidence of your own creation and chiefest authority, the Republic of England, we say that when New England, in former days, claimed, on its side, also some interest in our limits, and the Lord Protector's ships in open war were sent hither to subdue the aforesaid Province of New Netherland, the latter renounced and abandoned their design when peace was concluded, and went against the French; so that the right and title the Dutch nation have unto their Province of New Netherland aforesaid, stand ever since, to this day and forever, more and more confirmed and ratified. But, forasmuch as mention and question are now made of our western limits, and we have thereupon perceived and suspected that the Bay of Chesapeake, in the uppermost part thereof, winds so much to the northeast and runs into our line about Sassafrax and Elk rivers, we therefore lay also claim to those parts until, by due examination hereafter, the truth hereof may be found out or agreed and settled amongst us otherwise.

Lastly, and finally, to conclude: The Honorable Governor-General and Council of New Netherland aforesaid, do declare and notify that as they, on their side, have never intended any wrong or offence to the Province of Virginia, or now, Maryland, in the Bay of Chesapeake, so they desire to continue still there with all neighborly amity, confederacy and friendship, saving or providing only that justice and satisfaction be given as herein before stated. Propounding further, by way of advice, to prevent further mischief, that three reasonable persons, on each side, may be appointed out of each Province aforesaid, to meet at a certain day and time about half way between the Bay of Chesepeake and the aforesaid South river or Delaware bay, at a certain hill where the heads of Sassafrax and of another river which flows into our river, come almost close together, with full power and commission there to settle the bounds and limits between the aforesaid Province of Maryland forever, if possible, otherwise to refer any difference that may exist, in case of disagreement, to the Lords Proprietors or Sovereigns in Europe, on both sides; but, in the meanwhile, all further hostility and infraction on each other to cease and determine; so that the Honorable Governor-General and Council of New Netherland being hereof assured, further charges and damages excused, may call their soldiers home who are kept1 there only to defend their Province and Colonie aforesaid, and a fair correspondence may be, on both sides, maintained, as hath heretofore always been the case up to the present time. If this be refused and not accepted, we do proclaim our innocence and ignorance to all the world, and do protest, generally, against all wrongs, injuries, costs and damages already sustained and suffered, or as yet to be suffered and sustained; declaring and manifesting that we are, and then shall be, necessitated and forced [to proceed ], by way of retort and reprisal, according to the 24th article of the peace, in order to preserve and maintain our right and propriety to our aforesaid South river Colonie, or Delaware bay, and our subjects' lives, liberties and estates, as God, in our just cause, shall strengthen and enable us. Desiring this may be recorded and notified unto all to whom it in any way may concern, with the true meaning and tenor thereof, and that a speedy answer and dispatch may be given to us in writing from you, the Honorable Governor and Council of the Province of Maryland, to be returned to our Honorable Governor-General and Council of the Province of New Netherland, and recorded in like manner.

1gesonden, seat. Holland Documents, IX., 289. — ED.

And so wishing God Almighty to conduct both your Honors to all prudent results, so that we may live neighborly together in this wilderness, to the advancement of God's glory and of the kingdom of Heaven amongst the Heathen, and not to the destruction of each other's Christian blood, whereby the Heathen and barbarous Indians are strengthened, but rather that we may conclude a league of love and alliance together against them.

Written and signed by our own hands in the Province of Maryland, in the Great Bay of Chesapeake, at St. Mary's County, and delivered the Sixth day of October, Anno Domini, 1659, in Patuxent at Mr. Bateman's house.

Holland Documents,
XVI., 100.

Extract of the Patent granted to Lord Baltimore.

[Bozman's History of Maryland, II., 9. ]

Extract out off ye patente off my Lord Cecilius Calvert, Knight and Baron
Balthamoor, etc.

II. Whereas our well beloved and right trusty subject, CECILIUS CALVERT, Baron of BALTIMORE, in our kingdom of Ireland, son and heir of George Calvert, knight, late Baron of BALTIMORE, in our said kingdom of Ireland, treading in the steps of his father, being animated with a laudable and pious zeal for extending the Christian religion, and also the territories of our empire, hath humbly besought leave of us that he may transport, by his own industry and expense, a numerous Colony of the English nation, to a certain region hereinafter described, in a country hitherto uncultivated, in the parts of America, and partly occupied by savages, having no knowledge of the Divine Being, and that all that region, with some certain privileges and jurisdictions appertaining unto the wholesome government, and state of his Colony and region aforesaid, may, by our Royal Highness, be given, granted and confirmed unto him and his heirs.

III. KNOW YE, therefore, that WE, encouraging, with our royal favour, the pious and noble purpose of the aforesaid Barons of BALTIMORE, of our special grace, certain knowledge, and mere motion, have GIVEN, GRANTED and CONFIRMED, and by this, our present CHARTER, for us, our heirs and successors, do GIVE, GRANT, and CONFIRM, unto the aforesaid CECILIUS, now Baron of BALTIMORE, his heirs and assigns, all that part of the Peninsula, or Chersonese, lying in the parts of America, between the ocean on the east, and the Bay of Chesapeake on the west; divided from the residue thereof by a right line drawn from the promontory, or headland, called Watkin's Point, situate upon the Bay aforesaid, near the River Wighco, on the west, unto the main ocean on the east; and between that boundary on the south, unto that part of the Bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the æquinoctial, where New England is terminated and all the tract of that land within the metes underwritten (that is to say), passing from the said Bay, called Delaware bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the River of Pattowmack, thence verging towards the south unto the farther bank of the said river, and following the

same on the west and south unto a certain place called Cinquack, situate near the mouth of the said river, where it disembogues into the aforesaid Bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place, called Watkin's Point, so that the whole tract of land, divided by the line aforesaid, between the main ocean and Watkin's Point, unto the promontory called Cape Charles, and every the appendages thereof, may entirely remain excepted forever to us, our heirs and successors.

IV. Also, We do GRANT, and likewise CONFIRM unto the said Baron of BALTIMORE, his heirs and assigns, all islands and islets within the limits aforesaid, all and singular the islands and islets, from the eastern shore of the aforesaid region towards the east, which have been, or shall be formed in the sea, situate within ten marine leagues from the said shore; with all and singular the ports, harbors, bays, rivers and straits belonging to the region or islands aforesaid, and all the soil, plains, woods, mountains, marshes, lakes, rivers, bays and straits, situate, or being within the metes, bounds and limits aforesaid, with the fishings of every kind of fish, as well of whales, sturgeons, or other royal fish, as of other fish in the sea, bays, straits, or rivers, within the premises, and the fish there taken: and, moreover, all veins, mines and quarries, as well opened as hidden, already found, or that shall be found within the region, islands, or limits aforesaid, of gold, silver, gems, and precious stones, and any other whatsoever, whether they be of stones or metals, or of any other thing or matter whatsoever : and furthermore, the PATRONAGES and ADVOWSONS of all churches which (with the increasing worship and religion of CHRIST), within the said region, islands, islets and limits aforesaid, hereafter shall happen to be built.

V. And We do by these presents, for us, our heirs and successors, MAKE, CREATE, and CONSTITUTE HIM, the now Baron of BALTIMORE, and his heirs, the TRUE and ABSOLUTE LORDS and PROPRIETARIES of the region aforesaid, and of all other the premises (except the before excepted), saving, always, the faith and allegiance and sovereign dominion due to us, our heirs and successors.

This is a true extract off the lort Baltimore's patent off the Province off Maryland.
Examined by me.

(Signed), CECILL LANGFORD.

This aforesaid extract is exactly taken from the authentic copy of my Lord Baltamoor's patent shown and permitted to be extracted this October, 1659, at Patuxen, at the house of Mr. Bateman. Done by me.

Observations of Messrs. Heermans and Waldron on Lord Baltimore's Patent.

[From the Bundle indorsed Verscheide Stukken raekende de Colonie van N. Nederlandt, in the Stad Huys, Amsterdam; New-York Historical Society Collections, III, 384. 1

Holland Documents,
XVI., 104.

Maryland :

Uppon the Sight and View off Milord Baltemore's patents this 7 dayh off Octob. 1659. presented unto us by the Hon Gouvrneur and Concel off