31. John Batman's Title Deeds Author(s): George Warner and J. Edge-Partington Source: Man, Vol. 15 (1915), pp. 49-51 Published by: Royal Anthropological Institute of Great Britain and Ireland Stable URL: http://www.jstor.org/stable/2787879 Accessed: 24-06-2016 17:04 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Wiley, Royal Anthropological Institute of Great Britain and Ireland are collaborating with JSTOR to digitize, preserve and extend access to Man This content downloaded from 128.223.86.31 on Fri, 24 Jun 2016 17:04:29 UTC All use subject to http://about.jstor.org/terms 1915.] MAN. [No. 31. ORIGINAL ARTICLES. With Plates D and E. Australia: Victoria. Warner-Edge-Partington. John Batman's Title Deeds. By Sir George Warner and J. Edge- 2 Partinglon. UI John Batman was born at Parramatta, Sydney, in 1800, and emigrated to Van Diemen's Land twenty years later, where be became a flourishing farmer. At this time considerable difficulty was beinag experienced with the natives, and the niame of John Batman stands out as a splendid example of humane treatment, in place of the "crow-shooting" adopted by many of the settlers and ex-convicts at that time. In the year 1835 an association was formed for the purpose of "secretly ascer- taining the general character of Port Phillip as a grazing and agricultural district," and Batman was selected to undertake this duty. Crossing the Straits he landed at, what is now, Williamstown on the 2nd of June. After various expeditions he came in contact with the natives at Merri Creek, and it was here that he made his memorable purchase from them. In his Journal,* he thus describes what took place. "'After some time and full explanation I found eight chiefs among them who possessed " the whole of the territory near Port Phillip. After a full explanation of what my " object was I purchased two large tracts of land from them-about 600,000 acres " more or less, and delivered over to them blankets, knives, looking-glasses, toma- hawks, beads, scissors, flour, &c., as payment for the land; and also agreed to give " them a tribute, or rent, yRearly. The parchment the eight chiefs signed this afternoon [June 6], delivering to me some of the soil, each of them, as giving me full possession of the tracts of land." He further describes the private marks of the chiefs, which appear on the deed, as being the marks which the natives cut on trees at initiation ceremonies and on their weapons and message sticks; he also speaks of drawinig up the two deeds in triplicate. The territory thus purchased included all the west side of Port Phillip, on which now stand the town of Geelong and the city of Melbourne. Unfortunately for the Batman family these deeds were not ratified by the Colonial Office. The Melbourne deed, a photograph of whicb on a reduced scale is here given (Plate D), was purchased by the British Museum from a well-known London book- seller in 1892. It bears the press mark Additional Charter 37766, and is exhibited in a glazed case attached to the wall of the central saloon in the I)epartment of Manuscripts. The sheet of parchment on which it is written measures 2 feet 1 5 inches by 1 foot I inch, and, as will be seen in the plate, has suffered, more particularly where it was formerly folded, from the effects of damp. It will also be noticed that the deed is in two different hands, the names of the native vendors, the description of the land conveyed, and the goods given in payment, being in ink which is so faded as to be almost illegible. These particulars, together with the date of the month and an endorsement of the giving of seisin, appear to have been written by Batman himself on the spot, but the rest of the document, saicl to be a transcript of the form used by William Penn in his treaty with the native tribes of Pennsylvania, was probably prepared before the expedition started from Van Diemen's Land, perhaps by the lawyer J. T. Gellibrand, who was one of the promoters of the colonising project. The full text is as follows, Batman's insertions being printed in italic type - " KNOW all persons that we Three Brothers Jagajaga, Jagajaga, Jagqjaga being the Principal Chiefs and also Cooloolock, Butngarie, Yanyan, Moowhap, and Mommarmal(ar, also being the Chiefs of a certain Native Tribe called Dutigallar, * Original in Public Library, Melbourne, together with one of the original deeds. [ 49 ] This content downloaded from 128.223.86.31 on Fri, 24 Jun 2016 17:04:29 UTC All use subject to http://about.jstor.org/terms PLATE D. MAN, 19T5. 2~~~~~~~~~~~~~ _ t 0 ILl .. .... .. z It IS' ..~i ~ . ...... This content downloaded from 128.223.86.31 on Fri, 24 Jun 2016 17:04:29 UTC All use subject to http://about.jstor.org/terms No. 31.] MAN. f1915. situate at and near Port Phillip, called by us the above-mentioned Chiefs Iramoo and Geelong being possessed of the Tract of Land hereinafter mentioned, for and ini consideration of twenty Pair of Blankets Thirty tomahawks one hundred knives fifty pair of scissors Thirty looking glasses two hundred handkerchiefs one hundred pounds of flour and six shirts delivered to us by John Batmani residing in Van Diemen's Land Esquire but at present sojourning with us and our Tribe Do for ourselves our Heirs and Successors Give Grant and Enfeoff and confirm unto the said John Batman his Heirs and assigns All that Tract of Country situate and being at Port Phillip Running from the branch of the River at the top of the Port about seven miles from the mouth of the River Forty miles North-East and from thence West Forty miles across Iramoo Downs or Plains and from thence south south-west across Molunt Vilanrmanartar to Geelong Harbour at the head of the same and containing about Five hundred thousand more or less Acres as the same hath been before the execution of these presents delineated and marked out by us according to the custom of our Tribe by certain marks made upon the Trees growing along the boundaries of the said tract of Land To hold the said tract of Land with all advantages belonging thereto unto and To the Use of the said John Batman his heirs and Assigns for ever To the Intent that the said John Batman his heirs and Assigns may occupy and possess the said tract of Land and place thereon Sheep and Cattle Yielding anid delivering to us and our heirs or successors the yearly rent or Tribute of one hundred pair of Blankets one Hundred Knives one hundred Tomahawks Fifty suits of clothing Fifty looking glasses Fifty pair of scissors and Five 'rons of flour. In witness whereof we Jagajaga,, Jagajaga, Jagajaga the above-mentioned Principal Chiefs and also Cooloolock, Bungarie, Yanyan, Moowhip and Mommarmalar the Chiefs of the said tribe have hereunto affixed our seals to these presents and have signed the same. Dated according to the Christian AEra this sixth day of June one thousalnd eight hundred and thirty five. " JAGAJAGA his x mark. L.S. " JAGAJAGA his x mark. L.S. " JAGAJAGA his x mark. L.S. " COOLOOLOCK his x mark-. L.S. "BLUNGARIE his x mark. L.S. "YAMYAN his x mark. L.S. "MOOWHIP hliS x mark. L.S. "MOMMARMALAR his x mark. L.S. " JOHN BATMAN. "Signed sealed and delivered in the presence of us the same having been fully interpreted and explained to the said Chiefs " JAMES GuMM. "ALEXANDER THOMSON. "WM. TODD." Gumm, Thomsorn, and Todd, who sign as witnesses, accompanied Batman on his expedition, and were left behind at Port Philip on his return. The seals are in red wax on a piece of blue silk ribbon inserted into the parchment in the usual way. Both the MVIelbourne and Geelong deeds were executed, as Batman states in his Journal, in triplicate, and in addition to this original the Museum possesses a full-size photograph (Facs. of MSS. 64a) of another, probably that which is preserved in the Melbourne Library. The only difference is that at the foot of it is written, " Signed on the Banks of Batman's Creek, 6th June, 1835." This also appears on the transcript sent by Batman to Governor Arthur and now in the Public Record Office. The Geelong Deed (Plate E) is in the possession of the Museum Book Store, [ 50 ] This content downloaded from 128.223.86.31 on Fri, 24 Jun 2016 17:04:29 UTC All use subject to http://about.jstor.org/terms PLATE E. MAN, [915. -.~~~~~~~~~~~~~~~~~~~~. ~~~~~~~~~~~~~~~~~~~~~~~~~. .......I. ...! . ...... ..... 4 ?. _~~~~~~~~~~~~~~~ p d . ...~~~~~~~~~~~~~~~~~~~~~~.~:i I- P~~~~~~~~~~~ I 2; ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ 74.. 4"~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ... '4 .~~~~~~~~~~~~~~~~~~~~~~~~ 7~~~~~~~~~~~~~~~:.K *~~~~~~~~~~~~~~~~~~~~~..... This content downloaded from 128.223.86.31 on Fri, 24 Jun 2016 17:04:29 UTC All use subject to http://about.jstor.org/terms 1915.] MAN. [Nos. 31-32. the proprietor of which kindly allowed it to be exhibited before the members of this Institute on October 20, 1914, and to be published in MAN.