DEED OF FEOFFMENT DUKE OF YORK FOR NEW CAstle. His Royal Highness His Grant to William Penn, Esq., of New Castle & Twelve miles Circle. THIS INDENTURE, made ye four & twentieth Day of August, in ye four and thirtieth year of ye Raign of our Soveraign Lord Charles the Second, by ye Grace of God, of England, Scotland, ffrance & Ireland, King Defender of ye faith, &c., Annoq. Dino., 1682, Between ye most Illustrious Prince, His Royal Highn James, Duke of York & Albany, Earle of Vlster, &c., of ye one part, & Wm. Penn, Esq., Sonn & heire of Sr Wm. Penn, Kn., Deced., of ye other part, Witnesseth That his said Royal Highn' out of a Special Regard to ye memory & many faithfull & Eminent Services heretofore performed by ye said Sr Wm. Penn to his said Maty & Royal Highn & for ye good will which his said Royal Highn hath & beareth to ye said Wm. Penn, &c., for & in Consideracon of ye Sum of tenn shillings to him in hand paid by ye said Wm. Penn, at & before ye Ensealing & Delivering hereof, the Receipt whereof is hereby acknowledged, & for other good Causes & Consideracons, Doth Bargaine, sell, Enfeoffe & Confirme unto ye said Wm. Penn, his Heires & Assignes forever, ALL, That ye towne of New Castle, otherwise called Delaware, & all that tract of Land lyeing within ye Compasse or Circle of twelve miles about the Same, Scituate, Lyeing & being upon ye River Delaware, in America, & all islands in ye said River Delaware & ye said River & Soile thereof, lyeing north of ye Southermost part of ye said Circle of twelve miles about ye said towne, together with all Rents, Services, Royalties, ffranchises, Duties, Jurisdictions, Libertyes & priviledges thereunto belonging, & all ye Estate, right, title, Interest, powers, property, Claime & Demand whatsoever of his said Royal Highn, of, in or to ye Same, or to any part or parcel thereof, Saveing alwayes & Reserving to his said Royal Highns, his agents & servants, ffree use of all Ports, wayes & passages, into, thro' & out of ye Bargained p'mises, & every part & parcel thereof, To have & to hold ye said Towne & Circle of Twelve miles of Land about ye said Islands & all other ye before menconed or intended to be hereby bargained p'mises, with their appurtenances, unto ye said W. Penn, his Heires & Assignes, to ye only use & behoofe of him ye said W". Penn, his Heires & Assignes forever, yeilding & paying therefore yearely and every year unto his said Royal Higns, his Heires & Assignes ye sum of five shillings of Lawfull money of England, at ye Feast of St. Michael & ye Archangel only, & ye said W. Penn, for himself, his Heires & Assignes, Doth Covenant & grant to & with his said Royal Highn, his Heires & Assignes, by these presents, That he ye said Wm. Penn, his Heires & Assignes, shall & will, well & truly, pay or cause to be paid to his said Royal Highn', his Heires & Assignes, ye said yearly rent of five shillings, at ye Dayes whereon ye same is reserved to be paid as aforesaid, And his said Royal Highn, for himself, his Heires & Assignes, Doth Covenant & graut to & with ye said W. Penn, his Heires & Assignes, by these presents, That his said Royal Highns., his Heires & Assignes, will at any time or times hereafter, during ye space of Seaven yeares next ensuing ye Date hereof, upon ye request & att ye Costs & Charges in ye Law of ye said W. Penn, his Heires & Assignes, do make & Execute or cause or procure to be made, done & Executed all & every Such further act & acts, Conveyances and Assurances, in ye Law whatsoever for ye further Conveying & Assuring ye said towne & Circle of Twelve miles of Land aboute ye same & Islands & all other ye p'mises, with ye appurtenances unto ye said W". Penn, his Heires & Assignes, forever, as by ye Counsel Learned in ye Law of ye said W. Penn, his Heires or Assignes, shall be reasonably Devised, advised or required. And his said Royal Highn hath hereby made, Constituted & appointed John Moll, of New Castle aforesaid, Esq., & Ephraim Harman, of New Castle aforesaid, Gentl., Jointly & either of them severally, his true & Lawfull Attornies, & by these presents Doth give & grant unto ye said John Moll & Ephraim Harman, his said Attornies, or either of them, full power & authority for him & in his name & stead into all & Singular ye p'mises herein before menconed or intended to be hereby aliened, Enfeoffed & Confirmed, & unto every or any part or parcel thereof in ye name of ye whole to enter, & Quiet & peaceable possession & Seisin thereof or of any part or parcel thereof in ye name of ye whole to enter & receive, & after peaceable possession thereof had & taken as aforesaid to deliver quiet & peaceable possession & Seisin thereof, or of any part or parcel thereof in ye name of ye whole, to ye said W. Penn, his Heires or Assignes, or to his or their Lawfull Attorney or Attorneyes Sufficiently authorized to receive & take ye same, & him or them to leave in ye quiet & peaceable possession thereof, according to ye true Intent & meaning of these presents; And his said Royall Highn. doth hereby allow of Ratific & Confirme whatsoever ye said John Moll & Ephraim Harman, his said attorneyes, shall Lawfully do or cause to be done in & about ye p'mises by Virtue of these presents to be as good & Effectuall in ye Law to all Intents & purposes whatsoever, as if his said Royal Highn. had done ye same in his own person, or had been present at ye doeing thereof. IN WITNES whereof, his said Royal Highnesse hath to these p'sents Sett his Hand & Seal ye day & year first above written. JAMES. Secretary's office of ye Province of New Yorke, May ye 20th 1700. The Above written is A true Copy of the Record Remaining in the said Office, Comp. & Exam". WILL. SHARPAS, D: Secry. RECORDED in the Rolls Office, at Philia., in Patent book A. vol. 2, page 118, 119, 120, the 28th 8th mo., 1701. By me, THO: STORY, Mr. ib. RECORDED in the Rolls office at New Castle, In Lib. G. page 408, 409 et., the 16th day of March, 1724. P me, JOHN DENNY, D: Se. Rr. [This is the only copy of the several documents of this character and period, in an official shape, that I have found, though it and they have been printed in Vol. I. of Votes of Assembly, and elsewhere.-S. H.] Honored Sr, PHILEMON LOYD TO WM. PENN, 1683. Haveing before this time Acknowledged the hon & Excellent frendshipp of yrs bearing date the 31st of July last, The occasion is now given me by weh Jno Edmandson, of our County, att whose request I give this Assurance, thatt he, the sd Edmandson, stands bound to me in the somme of one hundred Pounds Strs to secure the Paeyment of fivety pounds of like money, bills of Exchange, drawn by Wm Pickering of yr Province, factor, as I und stand, to one Growden, upon Mr. Peter Heachwith, of London, which bills are now come in Protested, as will appear by the instrument of protest weh I have intrusted him wth all, who hath now sent his sonne, intending if a speedy complyance be not offered, to seek redress in yr courts, where, if justice be despatched in such plain cases, free from that clogg of teadious formality (too much in fashion) it will add to the worthy corrector of many other your Proceedings. Sr I know I need not move on his behalf that you please to lend your countenance so far as you find right on his side, & for more I believe he must be as far from expecting as I from desiring it. Sr I have allways wished that by a fayr accommodation hear, those divisions between his Lordship & your self might have terminated in a happier friendship, & then besides those advantages to your selves, I should have been in hope that amongst many nayborly intercourses, you would have found my house to have layn in yr way, & Pleased to have contented yor with a mean, because so hearty reception from Sr yr very Affectionate Friend & humble servant, self January the 14, 1683. PHI. LOYD. "To the Hon" WILLIAM PENN, Esq", absolute FROM JAMES NEVILL TO WILLIAM PENN, 1682-3. Deare Friend: On the first day of this weeke, after ye meeting, I informed friends, That I had some matter of importance to impart to ye people, and desired them to give notice thereof to as many as they could, to meete at Salem on the next day; accordingly, there came together about 30 psons, to whom I read the inclosed, at wch George Deacon, John Thompson and seaverall others seemed highly displeased, Saying they would stand by the Concessions. I demanded of ye two foremens coned persons, whose leggs they would stand on, for their own legghad fail'd them formerly, &c.: they asked what I had to doe to medle in such Matters, wth out acquainting them: I answered, I thought yem not psons fitt to be of my Councill, &c.: some said, if the Governm1 belonged to thee, thou might assume it without our peticoning thee thereto I replyed, thou would'st rather have it by consent of the people also; for Wm Called ye Conquer acknowledged, he was chosen King, by the consent of ye people: ma'y words past, when it appeared yt some had not learn'd how to keepe Silence, nor yet to Speake to purpose; at last it was agreed that all ye Inhabitants should have Notice to meete on the second day of this instant moth, and about 60 psons came together; the most part willingly Subscrib'd, & all ye rest, except two psons (after a long dispute) did the like, All generally desiring thee to admitt, that the people may have the Nomination of thy Deputy Gov'nor and the Justices of ye peace; John ffenwick did not appeare, his son Hedge told me he thought his father would not doe any thing until he had been wih thee I have sent thee herewth his Commission, desiring it may never come to his hand, for the people have had so much experience of his ambition, &c. formerly, and it is credibly reported that he hath boasted (Since thy being here) yt all is his: That very few or none of the Sober people can willingly rec" him in Authority except I should acquaint yem wth ye meaning thereof, wch I thinke will not be expedient; and I doe foresee yt he and his Tribe wilbe so arrogant, that the peace of ye people wilbe much disquieted thereby, if not prudentially prvented, it may be Expected yt all things will be in disord when bad men hold the best places of Credit. Though I could veryly hope my enemy were reconciled, and that there resteth no malice in him towards me, Neverthelesse, blame me not to be so considerate and provident, That put the case he should have the will to hurt me, yet he shall not have the opportunity, or occasion to doe it, by any Act of mine; As for thee, I declared to the people that I doe Confidently beleive that thou intend'st Such an establishmt that men shall not have a means or opportunity either to or prejudice the Publick wthout extreme hazard and Daing" to yem. selves; And to remove (as much as may be) all disgusts and heartburnings, and to setle this country vpon the fairest probabillitys of a lasting peace and Contentfull establishmt: To defend ye poore and fatherlesse, to doe Justice to the Needy, and to deliver yem out of the hands of those yt are too Strong and mighty for yem: This I declare with integrity of heart, who am thy loving and Respectfull friend. JAMES NEVILL. Salem, 3d jrst mo., 1682-3. I think it may be the best to setle Jo" ffenwick in the Province of Pensilvania, and remove him, so that he have noe interest or Clayme here, least being in possession he Shoulde adde to his ptie, wch he hath allready made for his pticular interest. I wish thyne and the people's felicity, and freely leave the ordering thereof to the Wisdom of God in thee. J. N. He hath offered to sell Land to a Taylor yt workes with me, this weeke last past, ye quantity 300 acrs, and to sell one hundred to a Scotchman & give him another, both pties affirmed this in my house (viz1) ye Scotchman & ye Taylor. "For William Penn, Propriet & Govern "of Pensilvania, These," FROM JAMES NEVILL TO GOVR. PENN, 1683. Gov Penn: I have herewith sent thee an acct of the Lands sold and taken vp in these ptes: I desire thee take the towne of Salem into thy lott: John ffenwick has no acknowledgem due to him from any one in this towne; and if he should keepe his Court Leete and Court Barron here, it would much weaken or Authority, and pties would be made, Some for Jo" ffenwicks Court, others yr Com", most out of ord: I foresee the inconveniency that will attend this if J. ff. comes to Exercise Jurisdiction here: I hope the Neck of land betweene Oldmans-Creeke & Salem, is in thy remembrance, and wilbe brought into thy lymitts, otherwise both Towne and Country wilbe of little value: I cannot but be concerned for the people here, who earnestly desires to be vnder thy protection, being confidently pswaded thou wilt imploy thy pow for their good, and make it thy worke to pcure their Safety,* at wch time thy p'sence would be very acceptable to thy Reall and affectionate Friend. Salem, ye 23d 3 mo. 1683. "For Gov Wm. Penn, "These, with care & speed." JAMES NEVILL. * Parts of a line or two here effaced.-S. H. |