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The 17th Century - A Period Of Growth And Change

Examining the 17th century through the documents of the Delaware Public Archives

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1664 - Articles of agreement, dated October 1, 1664

Duke of York Period:   Articles of agreement, dated October 1, 1664, between Sir Robert Carr and the burgomasters of the Dutch and Swedish settlers in the Delaware region, stipulating that all burgers and planters should submit themselves to Charles II's authority for their protection and ensuring that their current magistrates (scouts, burgomasters, sheriffs, and lesser magistrates) would continue in office for 6 months or until the king decided otherwise. The agreement further stipulated that any persons could leave with their possessions within six months, that magistrates and inhabitants had to take an oath of allegiance (included in the agreement) to the king, and that the inhabitants would be guaranteed freedom of religion and the right of free trade within the English dominions as any Englishman would.

Transcription:

Articles of Agreement between the Honorable Sir Robert Carr Knight, on the hehalfe of his Majestie of Greate Brittaine, and the Burgomasters on the behalfe of themselves and all the Dutch and Swedes Inhabiting in Delaware Bay, & Delaware River.

(1)   That all the Burgers and Planters will submit themselves to his Majesties Authority without making any Resistance.

(2)   That Whoever of what Nation soever doth sumbit to his Majesties Authority, shall be protected in their Estates reall and personall whatsoever, by his Majesties Lawes and Justice.

(3)   That the present Magistrates shall be continued in their Offices, and Jurisdiccons to Exercise their Civill Power as formerly.

(4)   That if any Duthman or other person shall desire to depart from this River, that it shall be Lawfull for him so to doe, with his Goods within six Months after the date of these articles.

(5)   That the magistrates and all the Inhabitants (who are included in these articles) shall take the Oaths of Allegiance to his Majestie and of Fidelity to the present Government.

(6)   That all the People shall Enjoy the Liberty of theire Conscience, in Church Discipline as formerly.

(7)   That whoever shall take the Oathes is from that time a free Denizen, and shall Enjoy all the privileges of Trading into any of his Majesty's Dominions as freely as any Englishman, and may require a Certificate for so doing.

(44) (8) That the Scout, the Bergomasters Sheriffe and other Inferior Magistrates, shall use and Excercize their Customary Power in administration of Justice, within theire precincts, for six monthes or untill his Majesties pleasure is further knowne.

The Oath:

  I do Sweare by the Almight God, that I will beare faith and Allegiance to his Majestie of Great Britaine, and that I will obey all such Commands, as I shall receive from ye Governor Deputy Governor or other Officers appointed by his Majesties Authority so long as I live within these or any other his Majesties Territoryes.

Given under our hands & Seales   Given under my hand and

In the behalfe of ourselves and ye Seale this 1st day of Octo-

Rest of ye Inhabitants ye 1st day ber, in the yeare of our Lord

Of October in the yeare of our  God 1664.

Lord God 1664.  Robert Carr.

Fob Put Gout

Henry Johnson

Gerrett Saunders Vantiell

Hans Block

Lucas Peterson

Henry Casturier.

Reference:

RG 0000.001 Duke of York Record Book, page 43.

Transcript from: Original Land Titles in Delaware Commonly Known as The Duke of York Record, (Wilmington, DE: Sunday Star Print, 1903), pp. 23-24.