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

the Lord

demand.

fomething might be alledged) for he hath regalia, principality, though fubordinate to the King, as his ftyle fhews; and I conceive he is bound to keep his own dominions, or else lose them; and if loft to a foreigner, and taken by the fovereign, the fovereign hath the right; another conqueror could plead. This is the prefent jus gentium, and law of nations; which in foreign acquefts 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 fince, 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 fame mistake.†

XIII. "I fhall conclude with this, that the King, by articles of peace, between him and the ftates 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 controverfy, by one, under the great feal of England, to his dearest brother, James, Duke of York and Albany, &c. And his Royal Highness,

out

* In the original is the following note in the margin, viz. "And not demanded of them; and the Swedes and Fins, that fettled on Chrifteen-ereek; which is about four miles from New Cafle, 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 then do declare.”

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

answer to

out of his princely goodnefs, and fingular regard, 1683. he was pleafed to have, to the fervices and loffes of my deceafed father, hath interested me in part W. Penn's of the fame; fo 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 myfelf; and, there- demand. fore, I must take leave to refer the Lord Baltimore. to his Royal Highness; who is a prince, doubtlefs, of too much honour, to keep any man's right, and of too great refolution, to deliver up his own; whofe example I am refolved to follow."

Philadelphia, 4th. of October, 1683."

land, &c.

2

Such appears to have been the state of this controverfy, at this time. The year 1684 commenced 1684. with an incurfion of a party of people from Mary- Incurfion land, making forceable entry on feveral plantati- from Maryons 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 reinftating the perfons, who had been difpoffeffed; and, in cafe 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 refufal to be under the Lord Baltimore. The government iffued a declaration, fhewing William Penn's title, and fuch other requifites as were thought most likely to prevent fuch illegal proceedings in future.*

It

In this month the Council received a letter from Samuel Sands, purporting: "That col. George Talbot, with three mufqueteers, went to the houfes of the widow Ogle, Jonas Erfkin, 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.

fome of the

fettlers, &c.

It is likewife obfervable, about this time, that the methods then used, and the law, which had The Indi- been made, to prevent ftrong liquors from being ans ftill get fold to the Indians, did not fully answer the intenftrong liquors from tion; for these people, notwithstanding, through fome mean and unprincipled perfons among the European fettlers, in a clandeftine manner, ftill procured them. The Governor, therefore, feeing the great difficulty, if not the abfolute impoffibility, of debarring them from thefe liquors, called a number of them together, and propofed, that, on condition they would be content to be punished, as the English were, in confequence of drunkenness, they fhould 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 ftrong liquors! The best methods, that prudence could dictate, had been used, as it ficulty of was thought, and much advice given them to inreftraining culcate an abhorrence of the vice of drunkenness, the Indians but too generally without that effect, which was liquors. defired; their appetite having fo much the prevalency over their reafon, and their fenfual defires, 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

from ftrong

CHAPTER

CHAPTER VII.

The Proprietary obliged to return to England.Commiffionates the Provincial Council to act in his abfence, c.-His commiffion to the Judges, &c.William Penn's valedictory letter to his friends in Pennfylvania from on board the ship, at his depar ture.-Oldmixon's account.-Thomas Langhorne. Death of Charles the IId. and fucceffion of James the IId. to the crown of England, with William Penn's intereft and fervice at court.-Extract of a letter from the Proprietary on the fubject, &c.Names of the members of Affembly in 1685.The difpute between William Penn and Lord Baltimore, respecting the boundary of the territories decided, &c.-Boundary lines between the counties of the province afcertained.-Proceedings of the Affembly against N. Moore, J. Bridges and P. Robinfon.-Letter of the Proprietary to the magiftrates, respecting fome abuses.-Assembly's letter to the Proprietary refpecting N. Moore, &c. William Penn in Holland and Germany.-Extracts from his letters.-The province needs his prefence. Means used to inftruct the Indians, and to restrain them from strong liquors, &c.

WILLIAM PENN continued in Pennsylvania 1584

and fometimes in the adjacent province of New-in Jersey, and other neighbouring places, till the beginning of the fummer, this year, fettling and establishing the government, and affifting his friends, the Quakers, in regulating the affairs and

œconomy

1684. œconomy of their religious fociety, in these parts; where, most probably, he would have refided much longer, had not the difpute, between him and the W. Penn 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

neceffitated

commif

absence, threw his affairs there into a critical fituation, and rendered his prefence abfolutely neceffary, in that nation.

Upon this he figned a commiffion, empowering W. Penn the Provincial Council, to act, in the government in his ftead; of which Thomas Lloyd was prefident; who also had a commiffion to keep the great feal.* Nicholas Moore, William Welch, William Wood, Robert Turner and John Eckley were commiffioned to be Provincial Judges, for two years; their commiffion was in thefe words, viz.

fionates the officers of government, &c.

Commiffion to the

judges.

"William Penn, Proprietary and Governor of the Province of Pennfylvania, and territories thereunto belonging,

"To my trusty and loving friends, Nicholas Moore, William Welch, William Wood, Robert Turner and John Eckley, greeting:

"Repofing

Notre-3d. mo. 1684, the Names of the Members of Affembly, were:

For Philadelphia.

Nicholas Moore, Speaker,

John Songhurst,

Francis Fincher,

William Emmet,

Henry Stretcher.

Abraham Man,
John White.

William Berry.

Caleb Pufey, who was long of the Council, and one of the first settlers, in his memoirs of the first fettlement of Pennsylvania, in manuscript, fays," It may not be amifs alfo to mention, that when the Governor left us, the first time, in the year 1684, he left his power of government in the hands of five Commiffioners, of whom our worthy friend, Thomas Lloyd, was prefident; who afterwards was feveral years, Deputy Governor," &c. M. S.