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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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1682 - Indenture 1

Transcription

THIS INDENTURE made the ffoure and Twentieth day of August In the ffour and Thirtieth yeare of the Raigne of Our Soveraigne Lord Charles the Second by the Grace of God of England Scotland ffrance and Ireland King Defender of the ffaith &c Annoq Dni 1682 BETWEENE The Most Illustrious Prince His Royall Highness James Duke of York and Albany Earle of Ulster &c of the one part And William Penn Esqr sone and heire of Sr William Penn Knt deceased of the other part   WITNESSETH That his said Royall Highness out of a Speciall regard to the memory and many faithfull and eminent Services heretofore performed by the said Sr William Penn to his said Matie and Royall Highness And for the Good will which his said Royall Highness hath and beareth to the said William Penn And for and in consideration of the Sume of Tenn Shillings to him in hand paid by the said William Penn at and before th-ensealing and delivery of these prsents the receipt whereof is hereby acknowledged And of the Rent and convenants herein after reserved and contayned DOTH bargaine sell lett and to farme lett unto the said William Penn ALL that tract of Land upon Delaware River and Bay beginning Twelve Miles South from the Towne of Newcastle otherwise called Delaware and extending South to Whore Kills otherwise called Capin Lopen Together with free and undisturbed use and passage into and out of all Harbours Bayes Waters Rivers Isles and Inlets belonging to or leading to the same together with the Soile fields Woods underwoods Mountaines Hills ffenns Isles Lakes Rivers Rivulets Bayes and Inlets scituate in or belonging unto the Limits and bounds aforesaid Together with all Sorts of Mines Mineralls And all the estate interest Royalties ffranchises Powers Priviledges and imunities whatsoever of his said Royall Highness therein or in or unto any part or parcell thereof saving and reserving alwaies unto his said Royall Highness his Agents and Servants free use of all Ports Ways and passages into through and out of the said bargained premisses and every part and parcell thereof TO HAVE AND TO HOLD the said Tract of Land and all and singular other the prmisses with the appurtences unto the said William Penn his Executors Administrators and Assigns from the day before the date hereof for the Terme of Tenn Thousand yeares from thence next ensuing without impeachment of or for any manner of wast To be holden of his said Royall Highness and his heires as of their castle of New York in free and common Socage YEILDING AND PAYING therefore yearely and every yeare to his said Royall Highness his heires and Assignes one Rose at the feast of St. Michael the Archangell yearely if demanded AND the said William Penn for himself his Executors and Administrators doth Convenant and Agree to and with his said Royall Highness his heires and Assigns That he the said William Penn his heires Executors Administrators or Assignes shall and will within the space of one yeare next ensueing the date of these presents Erect or cause to be erected and sett up one or more publick Office or Offices of Registry in or upon the said bargained prmisses wherein he or they or some of them shall and will amongst other things truly and ffaithfully Accompt sett downe and Register all and all manner of Rents and other profits which he or they or any of them shall by anywaies or meanes make raise gett or procure of in or out of the said bargained prmisses or any part or parcell theeof And shall and will at the ffeast of St. Michael the Archangel yearely and every yeare during the Terme hereby granted well and truly yeild pay and deliver unto his said Royall Highness his heires or Assigns one full moyety of all and all manner of Rents Issues and profits as well extraordinary as ordinary as shall any way be made or raised upon or by reason of the prmisses or any part thereof AND if it shall happen the same shall be behind and unpaid in part or in all by the space of Twenty dayes next after the same ought to be yeilded payd or delivered That then and so often it shall be lawfull to and for his said Royall Highness his heires and Assigns to enter in and upon the said premisses or any part or parcell thereof and there to distreine and the distress and distresses there taken to take and detaine untill the said Moyety and Arrears thereof shall be well and truly satisfied and paid together with all costs and damages for the same.  IN WITNESS whereof his said Royal Highness hath to these prsents sett his hand and Seale and day and yeare first above written.

 

                                                                                      JAMES.

 

          Sealed and delivered in the presence of Jo Werden

Geo: Mann

(Endorsed)  The Bargain and Sale of Newcastle and the Circle of Twelve Miles for 10000 years for 5 shillings pr. year

Reference:

RG 0000.006 Charter Documents