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1683. the Dutch.* This made his Royal Highness take mout fresh patents, upon the opinion of Council W. Penn's (since the last conquest) for his territories, in the Lord America. Nor is the Lord Baltimore in the condiBaltimore's tion of an ordinary subject; (in whose favour

something might be alledged) for he hath regalia, principality, though subordinate to the King, as his style shews; and I conceive he is bound to keep his own dominions, or else lose them; and if lost to a foreigner, and taken by the sovereign, the sovereign hath the right; another conqueror could plead. This is the present jus gentium, and law of nations; which in foreign acquests prevaileth; and the King, accordingly has granted it, under his great feal of England, to his Royal Highnefs. And, if there were no truth in this, but the Lord Baltimore's patent were title good enough for what was actually another's before, and which he never enjoyed since, Connecticut colony might put in for New-York, as reasonably as the Lord Baltimore can for Delaware, their patent having that part of the Dutch territories within its bounds, on the same mistake.t

XIII. “ I shall conclude with this, that the King, by articles of peace, between him and the states of Holland, is the allowed owner of all that territory, in America, once called New Netherland; of which this is a part. He hath been graciously pleased to grant it by two patents, and this, in controversy, by one, under the great seal of England, to his dearest brother, James, Duke of York and Albany, &c. And his Royal

And his Royal Highness,

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* In the original is the following note in the margin, diz.

“ And not demarided of them; and the Swedes and Fins, that settled on Chrifteen-ereek; which is about four miles from New Caftle, and where they have been about years, never heard of a demand, that was ever made to them, by the lord Baltimore's father, nor himfelf; as the old men among theni do declare.”

+ (Note in the margin.) “ Which is yet out of dispute from the lord Baltimore's own patent that saith, New England begins where he ceaseth; which being at 40 degrees, north latitude, it follows that New York, and part of East and Weft Jersey and Pennsylvania will fall to New England."

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out of his princely goodness, and fingular regard, 1683.
he was pleased to have, to the services and loffes m
of my deceased father, hath interested me in part W. Penn's
of the fame; so that he is lord, (and I am tenant) the Lord
of him I hold, and to him I pay my rent; and Baltimore's
for him I improve, as well as myself; and, there- demand.
fore, I must take leave to refer the Lord Baltimore.
to his Royal Highness; who is a prince, doubtless,
of too much honour, to keep any man's right,
and of too great resolution, to deliver up

his

own;
whose example I am resolved to follow.”
Philadelphia, 4th. of October, 1683."

Such appears to have been the state of this con-
troversy, at this time. The

year 1684 commenced 1684. with an incursion of a party of people from Marya Incursion land, making forceable entry on several plantati- from Mary

land, &c. ons in the lower counties: upon which the Governor and Council, at Philadelphia, fent a copy of the preceding answer to the Lord Baltimore's demand, with orders to William Welch, to use his influence, for reinstating the persons, who had been difpoffefsed; and, in case mild measures would not do, he was directed legally to prosecute the invaders: but the former method appears, at prefent, to have answered the intention; for no more of this kind of conduct was heard of till the next month; when some of the inhabitants were afresh threatened with the fame outrages, in case of their refusal to be under the Lord Baltimore. The vernment issued a declaration, shewing William Penn's title, and such other requisites as were thought most likely to prevent such illegal proceedings in future.*

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* In this month the Council received a letter from Samuel Sands, purporting: “ That col. George Talbot, with three musqueteers, went to the houses of the widow Ogle, Fonas Erskin, and Andreas Tittle, telling them, that if they would not forthwith yield obedience to the lord Baltimore, and own him to be their proprietor, and pay rent to him, he would turn them out of their houses, and take their land from them,” &c.

1684, It is likewise observable, about this time, that w the methods then used, and the law, which had

The Indi- been made, to prevent strong liquors from being Itrong lifold to the Indians, did not fully answer the inten quors from tion; for these people, notwithstanding, through Settlers, &c. some mean and unprincipled perfons among the

European settlers, in a clandestine manner, still procured them. The Governor, therefore, feeing the great difficulty, if not the abfolute impossibility, of debarring them from these liquors, called a number of them together, and proposed, that, on condition they would be content to be punished, as the English were, in consequence of drunkenness, they should not be hindered from the use of them? This they readily agreed to; and would, probably, have been willing to endure much greater punishment, on these terms; fo

great is their love of strong liquors! The best methods,

that prudence could dictate, had been used, as it ficulty of was thought, and much advice given them to inrestraining culcate an abhorrence of the vice of drunkenness, the mandians but too generally without that effect, which was liquors. defired; their appetite having so much the preva

lency over their reason, and their sensual desires, above their better understanding, that, while they faw and acknowledged the means used for their real interest, in this affair, to be good, they lived in the continued violation of them!

Great dif

CHAPTER

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The Proprietary obliged to return to England.

Commisionates the Provincial Council to act in his
absence, &c.His commision to the Judges, &c.-
William Penn's valedictory letter to his friends in
Pennsylvania from on board the ship, at bis depar-
ture.--Oldmixon's account.-Thomas Langhorne.
Death of Charles the IId. and succession of James
the IId. to the crown of England, with William
Penn's interest and service at court.--Extract of
a letter from the Proprietary on the

subject, &C.-
Names of the members of Assembly in 1685.-
The dispute between William Penn and Lord Bal-
timore, respecting the boundary of the territories
decided, &C.--Boundary lines between the coun-
ties of the province ascertained.---Proceedings of the
Affembly against N. Moore, 7. Bridges and P.
Robinson.--Letter of the Proprietary to the ma-
gistrates, respecting fome abuses.--Asembly's let-
ter to the Proprietary respecting N. Moore, &c.
William Penn in Holland and Germany.---Extracts
from his letters.-The province needs his presence.
Means used to instruct the Indians, and to restrain

them from Atrong liquors, &c.
WILLIAM PENN continued in Pennsylvania 1684.
and sometimes in the adjacent province of New-
Jersey, and other neighbouring places, till the
beginning of the summer, this year, settling and
establishing the government, and assisting his
friends, the Quakers, in regulating the affairs and

ceconomy

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commis

govern

1684. ceconomy of their religious society, in these parts; mwhere, most probably, he would have resided much

longer, had not the dispute, between him and the W. Pean Lord Baltimore, before mentioned, and other imto return to portant affairs, called him home, to England; England. where his enemies, taking the advantage of his

absence, threw his affairs there into a critical situation, and rendered his presence abfolutely necessary, in that nation.

Upon this he signed a commission, empowering W. Penn the Provincial Council, to act, in the government

in his stead; of which Thomas Lloyd was president; fionates the officers of

who also had a commission to keep the great seal.*

Nicholas Moore, Willian Welch, Willian Wood, Romens, &c.

bert Turner and John Eckley were commissioned to be Provincial Judges, for two years; their com

mission was in these words, viz. Comnisli

" William Penn, Proprietary and Governor of the on to the

Province of Pennsylvania, and territories therejudges.

unto belonging, “ To my trusty and loving friends, Nicholas Moore, William Welch, William Wood, Robert Tur. ner and John Eckley, greeting:

Repofing Natro3d. mo. 1684,—the Names of the Members of Assembly, wert: For Philadelphia.

For Chefter.

For Bucks, Nicholas Moore, Speaker, Joshua Hastings,

William Beakes, John Songhurst,

Robert Wade,

John Clowes,
Francis Fincher,

John Blunston, Richard Hough,
Lacy Cock,

George Maris, John Otter,
Jofeph Growden,

Thomas Usher,

Edmond Bennet.
Henry Maddock.
For Suffex.

For New-Cafle.

For Kent.
John Roads,

James Williams, John Briggs,
Henry Bowman,

John Darby, John Glover,
Hercules Shepherd,

William Graut,

John Curtis,
Samuel Gray,

Gasparus Herman, William Sherwood,
William Emmet,

Abrahanı Man,

James Wells,
Henry Stretcher.

John White.

William Betry. * Caleb Prisey, who was long of the Council, and one of the first settiers, in his memoirs of the first settlement of Pennsylvania, in manuscript, says.--" It may not be amiss also to mention, that when the Governor left us, the first time, in the year 1684, he left his

government in the hands of five Commissioners, of whom our worthy friend, Thomas Lloyd, was president; who afterwards ivas several years, Deputy Governor,” &c. M. S.

John Hart.

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