The 17th Century - A Period Of Growth And Change

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

1682 - Charter Documents

There are four documents commonly known as the "Charter Documents". The first two are leases from James, the Duke of York to William Penn, dated August 24, 1682, conveying the town of New Castle, the land within a twelve-mile radius of the town, and the land south of the southernmost part of the radius to Cape "Lopen" for 5 shillings for the New Castle and beyond the radius 1 rose for the southern part, to be paid yearly at the Feast of St. Michael the Archangel. The third document is the deed of feoffment from York to Penn for New Castle and the land within the 12 mile radius. The final document is a "Charter" deed from Charles II to James, the Duke of York for the entire territory now known as Delaware , dated March 22, 1682. It is this set of documents that has many times in the past and continue to establish & protect Delaware's boundaries & its resources.

Transcription

CHARLES THE SECOND BY THE GRACE of God of England Scotland France and
Ireland King Defender of the Faith &c TO
ALL to whom these prsents shall come greetine KNOW YEE that wee for divers good
causes and consideracons us thereonto moving of our especiall
Grace certaine knowledge and meer mocon have given and granted and by
these prsents for us our heires and Successors Doe give and grant unto our
dearest Brother James Duke of Yorke his heires and Assignes All that the Towne
of Newcastle otherwide called Delaware and fort therein or therunto belonging
acituate lying and being between Maryland and New Jersey in America and all that
Tract of land lying within the Compasse or Circle of twelve miles about the said
Towne Scituate lying and being upon the River of Delaware and all Islands in the
said River of Delaware and the said River and Soyle thereof lying North of the
Southermost part of the said Circle of twelve miles about the said Towne And all
that Tract of Land upon Delaware River and Bay beginning twelve miles South from
the said Towne of Newcastle otherwise called Delaware and extending South to
Cape Lopen togeather with all the lands Islands Soyle Rivers Harbors Mines
Mineralls Quarries Woods Marshes Waters Lakes fishings hawkings huntings and
fowlings and all other Royalties Proviledges profitts Comodities and hereditamts
to the said Towne fort Tracts of land Islands and prmisses or to any or either
of them belonging or apperteyning with their and every of their appurtenances
Scituate lying and being in America
And all our estate right title interest benefitt advantage Clayme and
demand whatsoever of in or to the said Towne fort lands and prmisses or any
parte or parcell thereof and the Revercon and Revercons remainder and remainders
thereof together with the yeerly and other rents revenues and profitts of the
prmisses and of every part and parcell thereof
TO HAVE and to hold the said Towne of Newcastle otherwise called Delaware
and fort and all and singular the said lands and prmisses with their and every
of their appurtenances hereby given and granted or herein before menconed to be
given and granted unto our siad dearest Brother James Duke of Yorke his heires
and Assignes forever
To be holden of us our heires and Successors as of our Manor of East
Greenwich in our County of Kent in free and Comon Soccage and not in Capite or
by Knights Service YEELDING and rendering and the said James Duke of Yorke for
himselfe his heires and assignes Doth Covenant and promise to yeeld and render
unto us our heires and Successors of and for the same yeerly and every yeer
foure Bever skinns when the same shalbe demanded or within ninety dayes after
such demand made AND WEE do further of our especiall grace certaine knowledge
and meer mocon for us our heires and Successors give and grant unto our said
dearest Brother James Duke of Yorke his heires Deputies Agents Commissioners and
assignes by these prsents full and absolute power and authority to correct
punish pardon governe and rule all such the subject of us our heires and
Successors or any other person or persons as shall from time to time adventure
themselves into any the Ports and places aforesaid or that shall or doe at any
time hereafter inhabit within the same according to such Lawes orders ordinances
direcons and instruccons as by our said dearest brother of his asssigns shalbe
established and in defect thereof in cases of necessity according to the good
discrecon of his Deputies Comissioners Officers or assigns respectively aswell
in all cases and Matters Capitall and Criminall as Civill both marine and others
soe alwaies as the said Statutes ordinances and proceedings bee not contrary but
as neer as may bee agreeable to the Lawes Statutes and government of this our
Realme of England And
saving and reserving to us our heires and Successors the receiving hearing and
determining of the Appeale & Appeales of all or any person or persons of in
or belonging to the Towne fort lands and prmisses aforesaid or touching any
Judgement or Sentence to be there made or given
And further that it shall and may bee lawfull to and for our said dearest
Brother his heires and assignes by these prsents from time to time to nominate
and make constitute ordeyne and confirme such lawes as aforesaid by such name or
names stile or stiles as to him or them shall seem good and likewise to revoke
discharge change and alter aswell all and singuler Governors Officers and
Ministers which hereafter shalbe by him or them thought fitt and needfull to bee
made or used within the aforesaid Towne fort lands and prmisses and also to make
ordeyn and establish all manner of lawes orders direccons Instruccons formes and
ceremonies of Government and Magistracy fitt and necessary for and concerning
the government of the said Town forte lands and prmisses So Slwayes as the same
be not contrary to the Lawes and Statutes of this our Realme of England but as
neare as may bee agreeable thereunto and the same at all times thereafter to
putt in Execucon or abrogate revoke or change not only within the precints of
the said Towne fort lands and prmisses but also upon the Seas in going and
comeing to and from the same as he or they in their good discrecon shall think
fittest for the good of the Adventurers and Inhabitants AND WEE do further of
our especiall grace certeine knowledge and meere mocon grant ordeyne and declare
that such Governors Deputies Officers and Ministers as from time to tyme shall
be authorized and appointed in manner and forme aforesaid shall and may have
full power and authority within the said Towne fort lands and prmisses
to use and exercise martiall law in cases of Rebellion Insurreccon and
mutiny in as large and ample manner as our Lieftenants in our Counties within
our Realme of England have or ought to have by force of their Comission of
Lieftenancie or any law or Statute of this our Realme
AND WEE do further by these prsents for us our heires and Successors
grant unto our said dearest brother James Duke of Yorke his heires and assignes
that it shall and may be lawfull to and for the said James Duke of Yorke his
heires and assignes in his or their descrecons from time to time to admitt such
and so many person or persons to trade and traffic into and within the said
Towne fort lands and prmisses and into every and any part or parcell thereof and
to have possesse and enjoy any lands and hereditaments in the parts and places
aforesaid as they shall thinke fitt according to the lawes orders constitucons
and ordinances by our said Brother his heires deputies Comissioners and assignes
from time to time to be made and established by vertuc of and according to the
true intent and meaning of these prsents and under such Condicons reservacons
and agreemts. As our said dearest
brother his heires and assignes shall sett downe order direct and appoint and
not otherwise as aforesaid AND WEE do further of our especiall grace certeine
knowledge and meer mocon for us our heires and Successors Give and grant unto
our said dearest brother his heires and assignes by these prsents that it shall
and may be lawfull to and for him them or any of them at all and every time and
times hereafter out of any of our Realmes or Dominions whatsoever to take load
carry and transport in and into
their voyages for and towards the plantacon of the said Towne fort lands and
prmisses all such and so many of Our loving subjects or any other Strangers
being not prohibited or under restraint that will become our loving Subjects and
live under our allegiance and shall willingly accompany them in the said Voyages
together with all such Clothing Implements furniture or other things usually
transported & not prohibited as shalbe necessary for the Inhibitants of the
said Towne fort lands & Prmisses and for their use & defence thereof and
manageing & carrying on the trade with the people there and in passing 7
returning to & fro YEELDING AND PAYING unto us our heires and Successors the
customes & duties therefor due & payable according to the lawes &
customes of this our Realm
AND WEE do also for us our heires & Successors grant to our said
dearest brother James Duke of York his heires & assignes and to all &
every such Governor & Governors deputy or deputies or their officers or
ministers as by our said Brother his heires or assignes shalbe appointed to have
power & authority of Government & Comand in and over the Inhabitants of
the said Town fort lands & Prmisses that they & every of them shall
& lawfully may from time to time and at all tymes forever hereafter for
their Severall defence & safety encounter repulse & expell & resist
by force of armes aswell by Sea as by land and all waies & meanes whatsoever
all such person & psons as without the speciall licence of our said dearest
brother his heires or assignes shall attempt to settle and inhabit within the
severall prcincts & limitts of the said Towne fort lands & prmisses and
also all & every such person & psons whatsoever as shall enterprize
& attempt at any time hereafter the destruccon Invasion detriment or
annoyances to the parts places Towne fort lands & prmisses aforesaid or any
part thereof
AND LASTLY our will and pleasure is and Wee do hereby declare and grant
that these our Letters Patents or the Enrollment thereof shalbe good &
effectuall in law to all intents and purposes whatsoever NOTWITHSTANDING the not
well and true reciting or meconing of the prmisses or any part thereof or the
limitts or bounds thereof or of any former or other Letters patents or Grants
whatsoever made or granted of the prmisses or of any part thereof by us or any
of our progenitors unto any persons
whatsoever Bodies politique or Corporate or any other law or other restreint
incerteinty or impfeccon whatsoever to the contrary in any wise notwithstanding
ALTHOUGH expresse mencon of the true yeerly value or certeinty of the prmisses
or any of them or of other Guifts or Grants by us or any of our Progenitors or
Predecessors to the said James Duke of Yorke theretofore made in these prsents
is not made or any Statute Act Ordinance Provision Proclamacon or restreint to
the contrary thereof had made published ordeyned or provided or any other cause
matter or thing whatsoever in any wise notwithstanding IN WITTNESSE whereof wee
have caused these our Letters to bee made patents WITTNESSE Ourselfe att
Westminster the tow and twentieth day of March in the five and thirtieth yeare
of our Reigne.