[From the "Blue Book", page 13]
CHARTER
From Thomas Penn and Richard Penn, Proprietary, incorporating the
Trustees. 1764./i>
THOMAS PENN AND RICHARD PENN, ESQS.,
true and absolute Proprietaries
and Governors in Chief of the Counties of New Castle, Kent and
Sussex, on Delaware, and Province of Pennsylvania, TO ALL to whom
these presents shall come, GREETING.
WHEREAS, in pursuance of a warrant from the late honoured father,
William Penn, Esquire, there was surveyed and laid out, on the tenth
day of April, in the year of our Lord one thousand seven hundred and
four, to the inhabitants of the town of New Castle, in the County of
New Castle, a tract or parcel of land, adjoining or near to the said town,
containing one thousand and sixty-eight acres, as and for a common, for
the use, behoof and accommodation of the inhabitants of the said town
of New Castle; beginning at an old corner black oak, formerly of Joseph
Wood, standing by the road that leads to Christiana ferry, and running
along the road towards New Castle south nine degrees easterly sixty-eight
perches to an old corner black oak formerly of Robert French's land;
then by his old line of marked trees, south eighty-five degrees westerly one
hundred and eighty-two perches, to an old corner black oak formerly of
the said Robert French; then by an old line of marked trees, south twenty
degrees westerly one hundred and nine perches, to another old corner
red oak, formerly of the said Robert French; then along the cripple,
north eighty-two degrees westerly eighteen perches, west sixteen perches,
south seventy degrees westerly eighteen perches, south twenty three
degrees westerly fifty-five perches, south sixty degrees [sixty-eight degrees
in original sutvey] easterly eighty-four perches, to an old corner white
oak, formerly of the said Robert French; then along the cripple, south
fifty-six degrees westerly forty-four perches, to a black oak, south five
degrees easterly fourty-four perches, to an old corner white oak, formerly
of William Houston, standing near to the Smith's boom; then along
the said Houston's line, south thirty-nine degrees westerly ninety-two
perches, to an old corner Spanish oak of the said Houston, standing
by Maryland road; thence by the several courses of the said road,
north eighty-four degrees westerly eighty-sevea perches, north seventyfive
degrees westerly one hundred and thirty-four perches, over against
the house formerly of Joseph Kent; then by the several courses of the
road that leads to Christiana. Bridge, north sixty-two degrees westerly
seventy-five perches, north sixty-four degrees westerly forty-two perches,
west forty-eight perches, north eighty-five degrees westerly thirty
perches, north seventy-six degrees westerly thirty-four perches, south
eighty-two degrees westerly sixty-two perches, south fifty-eight degrees
westerly twenty perches, south eight degrees westerly sixty-four perches,
to a new corner hickory, by the said road; then by a line of marked
trees, north thirty-six degrees easterly thirty-three perches, to an old
corner tree, formerly of John Wilson; then by the line, formerly of
Robert Hutchinson and Garret Garretson, north-east three hundred and
twenty-nine perches, to an old corner hickory sapling; then by an old
line of marked trees south-east two hundred perches, to an old corner
red oak, being a corner tree formerly of Robert Dyer's and Edward
Blake's land; then along their line, north-east one hundred and fourteen
perches, to an old corner red oak of the aforesaid Dyer and Blake, and
still by their lines, north-west, one hundred and forty-four perches, to an
old corner hickory, formerly of John Hussey's land; then with the said
Hussey's line, north sixty-eight degrees easterly two hundred and sixtyeight
perches, to an old corner white oak of the said Hussey, and continuing
the same course sixty-two perches, to a new corner black oak,
standing in a line of the aforesaid Joseph Wood's land, and running by
his line, south fifty-two degrees easterly twenty-eight perches, to an old
corner black oak of the said Joseph Wood, and running by his line south
eighty degrees easterly one hundred and fifty-five perches, to the first mentioned
black oak and place of beginning; containing, within the said
bounds, one thousand and sixty-eight acres of land, more or less, as by the
said warrant and survey, remaining of record in our Surveyor General's
office, at Philadelphia, may more at large appear.
AND WHEREAS the inhabitants of the said town of New Castle have
lately represented to us, that, nothwithstanding the said warrant and
survey, and the many benefits and advantages which our said honoured
father intended the inhabintants of the said town of New Castle should
reap and enjoy under the same, great quantities of the said tract of land,
surveyed as a Common, in manner aforesaid, have been enclosed by the
owners of tracts of land lying contiguous thereto, and by them tilled and
cultivated, and encroachments are daily making on the same, and that
great waste and destruction of the wood and timber on the said tract
growing, hath been and still is committed by many evil disposed persons,
to the great damage and injury of the inhabitants aforesaid, who at present
are remediless in the premises, for want of a legal power in them, or any
of them, to sue and implead the wrong-doers. WHEREFOREth,e y have
humbly requested us to incorporate a certain number of them, the said
inhabitants of the town of New Castle, and give them perpetual succession,
and to confirm to them the said tract of land in common for the
use and behoof of all the inhabitants of the said town.
NOW KNOW YE, that we, favouring the request of the said inhabitants
of the town of New Castle, have, of our special grace, certain knowledge
and mere motion, named, constituted and appointed, and by these presents
~o name, constitute and appoint John Finney, Richard M'William, David
Finney, Thomas M'Kean, George Read and George Munro, Esquires, John
Van Gezell, Zachariah Van Leuvenigh, Slator Clay, John Yeates, Nathaniel
Silsbee, Daniel M'Lonen and Robert Morrison, gentlemen, thirteen of the
present inhabitants of the town of New Castle, to be trustees of New
Castle Common, hereby giving and granting, willing and ordaining for
US, our heirs, successors or assigns, that they, the said trustees and their
successors, forever hereafter, shall be one body corporate and politic, in
deed, by the name of the Trustees of New Castle Common; and by that
name shall have perpetual succession, for the special ends and purposes,
and with the powers hereinafter mentioned, and no other. AND we have
given, granted, released and confirmed, and by these presents do give,
grant, release and confirm for us, our heirs and successors, unto them,
the said John Finney, Richard M'William, David Finney, Thomas M'Kean,
George Read, George Munro, John Van Gezell, Zachariah Van Leuvenigh,
Slator Clay, John Yeates, Nathaniel Silsbee, Daniel M'Lonen and Robert
Morrison, and their successors, for ever, all that the aforesaid tract and
parcel of land, situate in the said county of New Castle, adjoining or
near to the town of New Castle, as the same is hereinbefore set forth,
butted and bounded, containing one thousand and sixty-eight acres,
more or less, with all the woods, waters, pastures, feedings, ways, rights,
privileges, advantages and appurtenances whatsoever thereunto belonging,
or in any wise appertaining. To HAVE AND TO HOLD the said one thousand
and sixty-eight acres of land and premises hereby granted, with
their appurtenances, unto the said John Finney, Richard M'William, David
Finney, Thomas M'Kean, George Read, George Munro, John Van Gezell,
Zachariah Van Leuvenigh, Slator Clay, John Yeates, Nathaniel Silsbee,
Daniel M'Lonen and Robert Morrison, and their successors, in trust,
nevertheless, and to and for the uses, intents and purposes following,
THAT IS TO SAY, to and for the use of the present inhabitants and those
who shall hereafter become and be inhabitants of the said town of New
Castle, and dwelling within the bounds and limits thereof, as a Common,
forever, and to no other use, intent or purpose whatsoever. To BE
HOLDEN of US, our heirs and successors, proprietaries of the said counties
of New Castle, Kent and Sussex, on Delaware, as of our manor of Rockland,
in free and common socage, by fealty only, in lieu of all other
services. YIELDINAGN D PAYING, therefore, yearly and every year, unto
us, our heirs and successors, at the town of New Castle, aforesaid, the
rent of one ear of Indian corn, if demanded. AND WE DO further, for us,
our heirs and successors, grant, ordain and declare, that the aforesaid
trustees and their successors, by the name of the Trustees of New Castle
Common, be and shall forever hereafter be, persons able and capable, in
law, to sue and be sued, plead and be impleaded, answer and be answered
unto, defend and be defended, in all or any court or courts, and before
any judges or justices, in all manner of actions, suits, complaints, pleas,
causes and matters whatsoever, and of what nature or kind soever. AND
that it shall and may be lawful to and for the said trustees and their
successors forever hereafter, to have and use one common seal for the
transacting any business respecting the said corporation; and the same,
from time to time, at their will and pleasure, to change and alter, and to
summon and convene a meeting of the said trustees as often as there shall
or may be occasion: Provided, always, and we do will and ordain, that no
business of any kind whatsoever done or transacted at any meeting of the
trustees, or their successors, shall be valid or of any effect unless nine of
the said trustees, or their successors, be present, and seven of those met
assent thereto. AND we do further give, grant and ordain for us, our
heirs and successors, that it shall and may be lawful for the said trustees
and their successors to make, frame, and establish, from time to time,
such and so many good and reasonable by-laws, ordinances and constitutions,
respecting the said Common, for the supporting, bettering and
improvement thereof, for the uses herein before mentioned, and for the
good ordering and governing the inhabitants of the said town of New
Castle, and every of them, in the reasonable use they shall make thereof,
as to them shall seem just, convenient and necessary: Provided, That
such by-laws, ordinances and constitutions are not repugnant to the laws
of England or the government of the counties aforesaid; and the same to
be put in force, revoke, alter and make new, as occasion shall require.
AND, also, to impose and levy reasonable mulcts, fines and amerciaments
on the breakers of such by-laws, ordinances and constitutions to their own
use, without rendering any account therefor to us, our heirs or successors,
or the same to mitigate, remit or release at their pleasure: AND, in case
any of the said trustees shall die, be removed from his office for misbehaviour
therein, or remove himself out of the said town of New Castle,
and dwell elsewhere, then and in such case, the inhabitants of the said
town of New Castle, who have freeholds therein, or otherwise pay a yearly
rent of forty shillings per annurn, within ten days after the death, removal
of any such trustee for misbehaviour, or removal out of the said town,
shall, and they are hereby authorized, directed and empowered to meet at
the court house, in the said town of New Castle, and choose and elect, by
a majority of voices of the said electors, by ballot or otherwise, another
trustee or trustees in his or their stead: Provided always, and it is our
express intent, will and meaning, that the said trustees, or their successors,
shall not have, nor be deemed or construed to have, any right, power or
capacity, as a body politic, by these our letters patent or charter of incorporation,
or any thing herein contained, to purchase, take or hold by
deed, gift or will, any lands, tenements hereditaments, rents or other
estate, real or personal, of any kind whatsoever, except the tract of land
herein before mentioned by us, granted to them for a Common for the
inhabitants of the town of New Castle, and for the uses herein before
expressed; but every such other purchase, gift or devise of lands, hereditaments,
rents or other estate, real or personal, to them made, shall be,
and is hereby declared to be, null and void, as if these presents had never
been made: Provided, also, That the said trustees, or their successors,
shall not have, nor shall be deemed or construed to have, any right,
power or authority to grant, bargain, sell, alien, convey, release or confirm
the hereby granted premises, or any part thereof, to any person or
persons whatsoever; but that the same shall be and remain, and be held
and enjoyed by them, for the use of a Common for the inhabitants of the
town of New Castle, and to no other use, intent or purpose whatsoever.
And, further, These presents are made, and hereby declared to be made,
upon and under this express condition: THAT IS TO SAY, that if the said
trustees, or their successors, shall, at any time hereafter, give, grant, alien,
bargain, sell or convey away the hereby granted tract of land and premises,
or any part thereof, or dispose of the same to any other use than that of
the Common for the inhabitants of the said town of New Castle, or if
the said trustees or their successors, who are, by these presents, incorporated
and made a body politic, shall, by any means, be dissolved, or do any
act by which this charter may become forfeited, then, or in any or either
of the said cases, these presents and the grant hereby made, and every
matter and thing herein contained, shall cease, determine and become
absolutely void, to all intents and purposes whatsoever, as if the same
had never been made or granted, these presents, or any thing herein
contained to the contrary thereof in any wise notwithstanding; and thereupon
all and singular the said hereby granted premises, with the appurtenances,
shall revert and return to the said Thomas Penn and Richard
Penn, their heirs and assigns forever, as of their former estate. In testimony
whereof, we have caused these our letters to be made patent.
WITNESS John Penn, Esquire, Lieutenant Governor and Commander in
Chief of the Counties of New Castle, Kent and Sussex, upon Delaware,
and province of Pennsylvania, who, by virtue of certain powers and
authorities to him, for this purpose (among other things) granted by the
said Thomas Penn and Richard Penn, Esquires, proprietaries of the said
counties and province, hath to these presents set his hand and caused the
great seal of the government of the said counties to be hereunto affixed,
at New Castle, this thirty first day of October, in the fifth year of the
reign of our Sovereign Lord, George the third, of Great Britain, France
and Ireland, King, Defender of the Faith, &c., and in the year of our Lord
one thousand seven hundred and sixty-four.
JOHN PENN.
Recorded in the Rolls Office at New Castle, in Book W. page 631, &c.
In witness whereof, I have hereunto put my hand and seal, November 14,
1764.R. M'WILLIAM, R. Deeds