The 17th Century - A Period of Growth and Change

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

1682 - Charter Documents #2

 

Transcription

24 Augt 1682  

THIS INDENTURE made the ffour and Twentieth Day of August In the ffour and Thirtieth Year of the reigne of our Soveraign Lord Charles the Second by grace of God of England Scotland France and Ireland King Defender of the faith &c Annoq Dni 1682 BETWEENE the most Illustrious Prince His Royall Highnesse James Duke of York and Albany Earle of Ulster &c. of the one part And William Penn Esquire sone and heir of Sr. William Penn Knight deceased of the other part WITNESSETH That his said Royall Highnesse out of a speciall regard to the Memory and many faith full and eminent services heretofore performed by the said Sr William Penn to his said Matie and Royall Highnesse And for the good will which his said Royall Highnesse hath and beareth to the said William Penn and for and in consideracon of the sum shillings to him in hand paid by the said William Penn at and before the ensealing and delivery hereof the Receipt whereof is hereby acknowledged and for other good causes and consideracons DOTH bargain sell enfoeffe and confirm unto the said William Penn his heires and Assignes forever ALL THAT the Town of Newcastle otherwise called Delaware And all that Tract of Land lying within the Compasse or Circle of Twelve miles about the same scituate lying & being upon ye river Delawarr in America And all Islands in the said River Delaware and the said River and soil thereof lying North of the Southermost part of the said Circle of Twelve miles about the said Town Together with all Rents Services Royalties ffranchises Duties Jurisdiccons liberties and priviledges thereunto belonging And  all the Estate Right Title Interest powers property claime and demand whatsoever of his said Royall Highnesse of in or to the same or to any part or parcell thereof Saving alwaies and reserving to his sd Royall Highnesse his Agent and Servants free use of all ports waies and passages into through and out of the bargained prmises and every part and parcell thereof TO HAVE AND TO HOLD the said Town and Circle of Twelve Miles of Land about the same Islands and all other the before menconed or intended to be hereby bargained prmises with their appurtences unto the said William Penn his heires and Assignes to the onely use and behoofe of him the said William Penn his heires and Assignes for ever YEILDING AND PAYING therefore Yearly and every Year unto his said Royall Highnesse his heires and Assignes the Sum of ffive shillings of lawfull mony of England at the feast of St. Michael the Archangell only.  AND the said William Penn for himself his heires and Assignes doth covenant and grant to and with his said Royall Highnesse his heires and Assignes by these prsents That he the said William Penn his heires and Assignes shall and will well and truly pay or cause to be paid to his said Royall Highnesse his heires and Assignes the said yearly rent of ffive shillings at the daies whereon the same is reserved to be paid as aforesaid AND his said Royall Highnesse for himself his heires and Assignes doth covenant and grant to and with the said William Penn his heires and Assignes by these prsents That his said Royall Highnesse his heires and Assignes will at any time or times hereafter during the space of Seaven Yeares next ensuing the date hereof upon the request and at the costs and charges in the Law of the said William Penn his heires and Assignes do make and Execute or cause to procure to be made done and executed All and every such further Act and Acts Conveyances and Assureances in the Law whatsoever for the further conveying and assuring the said Town and Circle of Twelve Miles of Land about the same and Islands and all other the prmises with the appurtences unto the said WILLIAM PENN his heires and Assignes for ever as by the Councill learned in the Law of the said William Penn his heires or Assignes shall be reasonably devised advised or required.

          AND his said Royall Highnesse hath hereby made Constituted and appointed JOHN MOLL of Newcastle aforesaid Esqr and Ephraim Harman of Newcastle aforesaid Gent jointly and Either of them severally his true and lawfull Attornies and by these prsents doth Give and Grant unto the said John Moll and Ephraim Harman his said Attornies or either of them full power and Authority for him and in his name and stead unto all and singular the prmises hereinbefore menconed or intended to be hereby aliened Enfeoffed and confirmed and into every or any part or parcell thereof in the name of the whole to enter and quiet and peaceable possession and seisin thereof or of any part or parcell thereof in the name of the whole to enter and receive and after peaceable possession thereof had and taken as aforesaid to deliver quiet and peaceable possession and seisin thereof or of any part or parcell thereof in the name of the whole to the said William Penn his heires or Assignes or to his or their lawfull Attorney or Attornies sufficiently authorized to receive and take the same and him or them to leave in the quiet and peaceable possession thereof according to the true intent and meaning of these prsents  

          AND his said Royall Highnesse doth hereby allow of ratify and confirm whatsoever the said John Moll and Ephraim Harman his said Attornies shall lawfully do or cause to be done in and about the prmises by vertue of these prsents to be as good and effectuall in the Law to all intents and purposes whatsoever as if his said Royall Highnesse had done the same in his own person or had been prsent at the doing thereof                    IN WITNESS        whereof his said Royall Highnesse hath to these prsents sett his hand and seale the Day and Year first above written.. JAMES. Sealed and delivered in the prsence of Jo. Werden, Geo. Mann  

          Entered in the office of Records for the province of New York in Lib A fol 34 the 21th of November 1682  

(Endorsed)  The Bargain and Sale of the South Tract for 10000 Years wth a Convnant for Wm Penn to Account for a Moyety of the Profitts.  24 Augt 1682     

Reference:

RG 0000.006 Charter Documents