USA > Delaware > History of Delaware : 1609-1888 > Part 21
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JAHN BAREER And Bhz d. 1, his wife. He was a " first purchaser," treff printer of New luil.1
1 Wobec examined with curthe evidence both for and azinet the Assumption that Bradford came over in the ship with Penn, and our
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82
HISTORY OF DELAWARE.
WILLIAM BrekMAN and Mary, his wife, with Sarah and Mary, taeur children, of Billinghurst, sussex.
JOHN CARVER and Mary, the wife, of Hertfordshire, a first parce ber .! BENJAMIN CHAMBERS, of Rochester, Kent. Afterwards sheriti (in 1683) and otherwi + jeonunent in pauldie affairs,
THOMAS I'MAUASDALE (Trousdale) and Agues, his wife, with sis chil- dren, of Yorkshire.
ELLEN Cowonlt and family.
JOHN FISHER, Margaret, his wife, and son John.
THOMAS FITZWALTER and Sons, Thomas and morge, of Hamworth, Middlesex. the lost his wite, Mary, and Josiah and Mary, hisch.Ilreg. on the voyage , Member of Asertably from Bucky in leal, active city- zen, and ennent Friend.
THOMAS GILIKT.
ROBERT GREENAWAY, master of the " Welcome. "
CUIBEERT HAYHULST, bis wite and family, of Easingtot, Bolisud, Yorkshire, a first purchaser.
THOMAS HERIOTT, of Hurst-Pier Pont, Sussex, First pricebaser. JOHN HEY.
RICHARD INGFLO. Clerk to Provincial Council in TS%.
ISAAC INGRAM, of Gatton, Surrey.
GILES KNIGHT. Mary, his wife, and son Josefin, ot Gloucestershire. WILLIAM LUSHINGTON.
HANNAH MOGURIDGE.
JUSHUA MORRIS.
DAVID OGDEN, " Probably from London."
EVAN OLIVER, with Jean, his wife, and children,-David, Elizabeth, Jobn, Hannah, Mary, Evan, and Sraboth, of Radnor, Viales. (The last, a daughter, born at sea, within sight of the Delaware Capes. Oct. 24, 1682.)
--- PEARSON, entigrant from Chester, Penn's friend, who renamed Upland After his native place. His first panie probably Robert.
JOHN ROWLAND and Priscilla. Lis wale of Billinghurst, sussex First purchaser.
THOMAS ROWLAND, Billinghurst, Sussex First purchaser.
JOHN SONGHORST, of Clothington, Sterx. First purchaser. (Some say from Cony hurst, or Hitchingheld, Sussex. Dewited to Penn. Member of first and subsequent Assemblies A writer and preacher of distinction among the Friend -.
JOHN STACKHOUSE and Margery, his wife, of Yorkshire.
GFARGE THOMPSON.
RICHARD TOWNSHEND, wife Anna, sont Jatues (born on "Welcome" In Delaware Hiver), of Loxlots First pust laser. A kading Friend and eminent minister. Miller at Upland and on Schuylkill.
WILLIAM WADE, of Hankton parish, Sus-ex.
THOMAS WALMESLEY, Elizabeth, his wife, and six children, of York shire.
NICHOLAS WALN, of Yorkshire. First purchaser. Member from Bucks of first Assembly. Prominent in early history of province. JOSEPH WOODROOFE.
THOMAS WRIGHTSWORTH and wife, of Yorkshire.
THOMAS WANNE, chiturgeon, of Cat rwys, Hintshire, North Wales. Speaker of hrst two Avenidas. Magistrate tor Sussex County. "A person of note and character." (Chestnut street, in Philadelphia, was originally named after him.)
DENNIS ROCHFORD and Mary, his wife, John Heri tt's daughter. From Ernstorfey, Wexford, heland. Also their two daughters, who died at BeA. Rochford was a member of Assembly in I03.
JOHN DUTION and wife,
PHILIP THEODORE LFUNMAN afterward Lehman), Penn's private secretary.
BARTHOLOMEW GREEN.
NATHANIEL HARRISON.
THOMAS JONES.
JEANE MATTHEWS.
WILLIAM SMITH.
HANNAH TOWNSHEND, daughter of Richard.
Dr. George Smith, in the " History of Delaware Co., Pa.," specifies the following as having proba- bly come about the time of William Penn, some before and others immediately afterwards, and before the end of 1682 :
RICHARD BARNARD, of Sheffield, settled in Middletown.
JOIN BEALES, or Bales, whomnatried Mary, daughter of William Clay- tun, $1., in 1082.
JOHN BLUNSTON, of Derbysinre, Ins wife Sarah, and two children. A preacher of the Swarty. member of the Assembly and of Council, and speaker of the former body.
judgment is that it is by no means preven, but, on the contrary, that the pre ponderance is against the assumption. The evidence is con- Butinnr.
1 Their daughter Mary, who married I-aar Knight, of Mlangdon, is stated to have been "one of the first children born of English patents in Pemylvatan," She was born on the Esth of October, 16 2, the duy of l'ena's landing at New Castle.
MICHAEL Burs: T. N. L.tile Hallim, Turiyalure.
Thay BRASSFYRA Bary, at Vilasten. Theelite Reptoset of the society of Fire Traders, memberet Just Assembly.
SAMDEL Fosr.www. i Data, Nottinghamshire
Epwenn Conr .h. of Brata. ton. Oxfontshine, member of the first } lish jary :G.D: Hele &: Cheater.
ROBERT L'ARTEU, Son of the foregoing
Wateren Cont, who gave in name to t'de. + Creek. He took the
Swede's mall out! a Karaking
THOMAS CELLES, LIN wife Elizabeth, and their sons, William a Swot un, fort Cachet, s. lotul.
R.CHARD IR SEY, .F LOPUOI
ELIZASFIN FLARNA "How, with son Joshua and daughters Elizab .: Saral. audi tiebecca of @;byshir ..
PiCHARr Fry, or Levington, Wilshire.
HENRY Grrcoxs, with wife Helen and family, of Parvidge, Derl.
JOEN HOODSOX, chirergeen, of Society of Free Traders. Came in ti. whit " John and Sarah: 'og " Bristol Factor."
Junts HastaNos and Elizabeth, his wife.
Jonva Hasnincs and chzabeth, his wife, He was on the first gras jury.
THOMAS Hopp. of Bresson, Derbyshire.
VALENTINS H.SHINGSWORTH of Che. bite Ancestor of the Hell _- worth family of Philadelphia tand Marylatuli
WILLIAN HOWELL And Margaret, his wife, of Castlebight, Pembrok. alire. Waleg.
ELIZABETH HUMPHREY with son Benjamin, and daughters Anno Ah! Gobitba uf Lianegrin, Mertonoth, Wales,
DANIEL HIMPHREY, of same place as foregiang.
DAVID JAMES. his wife Margaret and daughter Mary, of Llangeles and Glascum, Radnurture, Wales.
JAMES KENEELEY, ut Cheshire.
'HENRY LEWIS, his wife Margaret and their family, of Narbeth, Pem- broke-hire.
MORDECAI DIADDOCK, of Loem Hill, Cheshire.
THOMAS MINSHALL And wife Margaret, of stoke, Cheshire.
THOMAS POWELL, of Rudheith, Cheshile.
CALED PUSEY and wife Ann. and daughter Aop.
SAMUEL SELLER ., of Delpes, Derbyshire,
JOHN SHARPIES4, Jantes, his wife, and clublien, -Phehe, John, Thuis .. James, Caleb, June, and Joseph, of Hurdeston, Cheshire,
JOHN SIMCOOK, of Sortety of Free Traders, from Ridley, Cheshire. A leading man in the province.
JOHN SIMPOCK, Jr., son of the foregoing. JACOB SIMCOCK, ditto.
CHRISTOPHER TAYLOR, of Shipton, Yathshire.
PETER TAYLOR and WILLIAM TAYLOR, of Suttin, Cheshire. THOMAS E'SHER.
THOMAS VERNUN, of Stonthorne, Cheshire.
ROBERT VERNON, of Straks, Cheshire.
RANDALL VERNON, Of Sandy way, Cheshire.
RALPH WITHERS, Of It-hop's Canning, Wait-hire.
GARAGE WOOD, his wife Hannah, his son George, and other children, of Bonsall, Perto -hite.
RICHARD WORRELL (or Worally, of Care, Brikshire.
JOHN WORRELL, Probably brother of fotrening.
THOMAS WORTH, of Oxton, Nottinghur-inne.
The passengers by the " John and Sarah " and " Bristol Factor," so far as known, inelnde Willian! Crispin, who died on the way out, John Bezar and family, William Haige and family, Nathaniel Allen and family, John Otter, Edmund Lovett, Joseph Kirkbridge, and Gabriel Thomas,
During the trial and atfiction which the pi -- sengers and crew of the " Welcome " were subjer- ted to on their voyage to the Delaware, when the. natural instincts of man are turned to terror and selfish seclusion. Pean showed himself at his best. His whole time, and that of his friends, was given to the support of the sick, the consolation of tir dying, the burial of the dead. Richard Town- shend, a fellow-passenger. said, " his good conver sation was very advantageous to all the company ITis singular care was manifested in contributis. to the necessities of many who were sick with the smallpox. . . . We had many good meetings on board." In these pious services Penn had the cut.
83
DELAWARE UNDER WILLIAM PENN.
dial help of Isaac Pearson, to whom, in return, he delivered to Penn by one of the commissioners, "in gratefully gave the privilege of rebaptizing the town on the Delaware at which some of the survi- vors landed, and thus the significant and appro- priate name of Upland, applied by the Swedes to their second colony, was lost in the euphonious but meaningless and inappropriate cognomen of Ches- ter.
The record of Penn's arrival at New Castle is as follows: " October 28. On the 27th day of Oeto- ber, arrived before the town of New Castle, in Delaware, from England, WILLIAM PENN, ERI., proprietary of Pennsyl- vania, who produced two certain deeds of feoff- ment from the illustrious prince, James, Duke of York, Albany, etc., for this town of New Castle, and twelve miles about it, and also for the two lower counties the Whore- kill's and St. Jones's, which said deeds bear date the 24th August. 1682 : and pursuant to the true intent, purpose, and mean- ing of his royal highness in the same deeds, he, the said William Penn, re- ceived possession of the town of New Castle, the 28th of October, 1682." This delivery was made, as the records show, by John Moll, Esq., and Ephraim Herman,1 gen- tlemen, attorneys, consti- tuted by his royal high- ness, of the town of Dela- ware otherwise called New Castle : the witnesses to the formal ceremony in which the key of the fort was
order that he might lock upon him-elf alone the door," and which was accompanied with presents of "turf and twig, and water and soyle of the river Delaware," were Thomas Holme, William Markham, Arnoldus de la Grange, George For- man, James Graham, Samuel Land, Richard Tugels, Joseph Curles, and John Smith.2 Penn at once commissioned magi-trates' for the newly- annexed counties, and made Markham his attorney
1
STINE
,
I Ephraim and Caspar Hrininn, who prominently figure in the history of Delaware, were both sons of Augustin Herman, a Bohe- man adventurer of greit accomplishments; a soldier, scholar, sur- veyor, sador, and diplomatist, who, after serving in Stuyvesant . Com- ell in New Amsterdam, and conducting an embassy from him to Lool Biltrutore, incurred the hanghty director's displeasure, atud was cast inte prison. He escaped, went into Maryland, surveyed and made a map of the Chesapeake Bay and the province, at was part with the gift of « territory in Kent atul Cecil Counties, which he called B. hemin Manor. It was intersected by a river of the situe name. A put of this tract sowohl by Herman to a congregation of Labalists, whosettled moon it b. braun Hernie, who was born in 1. 11, hoved chords pt ; the Swarles in Now Anitel and Copland. He was clerk of the cat here in Itin. In 19 he married Lizabeth vou Rodenburg a durchter of the ther- era of of Concon, and took her to I plants, where he shortly afterwards deserted her to join the Labadiets. He returned to her, however, atter + while, and was in Upland on the day of Penn's urtival.
"The inhabitants of New c'estle also male a pledze of obedience to Penn on October 2%, 10-2, and ** solemnly promise to yiel ? to him all just obedience, and to live .putetiy atot pop rably under his & werement." It was stoned by Arnoldus de La Grange. J. d . Hare, H. V. D. Brieth, With. Suophil, John Holmes, Hendrick Lemmens, Joseph Moore, Jantes Par- mes, Jonas Arskine, Tilos Barroits. Peter Oliven, Samuel Land.
"The original commissing is processed at Harrisburg, in the Land Office, from which we have f ; bol the following .
" Withan Penn, Req. proprefor nl governor of Pennsylvania, New C'estle, st .James, Where kills ale Is d, with their por quer liberties - do, in the king's name, heart institute and authoriza you, John Moll, Peter Aluiche, Johanbe4 de Hae-, Withant Sumple, Arookins de La Grange, and John Cant, to be justices of the peace, and a court of judi- cature, for the town of New d'huile, upon littware, and twelve miles worth and west of the same, to the north side of Duck Creek, whereuf
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JUSTORY OF DELAWARE
to receive possession of the lower counties from Moll and Herman. This was done on November 7, 1682.
He also recommended a court to meet at New Castle on November 20. On that day Pean was present with the justices, and Markham, Hoime, Haige, Symcock, and Brassey, of the Provincial Council.1 The lower counties gave in their allezi- ance to Markham for Penn on November 7th. In the interval between his arrival and the meet- ing of court, October 29th, Penn went to Upland to pay a short visit. It was between November 2d and the 8th that Penn arrived in Philadelphia.
Penn was not idle while his people were gonting ready for the winter. He sent off two messengers to Lord Baltimore " to ask of his health, offer kind neighborhood, and agree upon a time the better to establish it." He issued a writ on November 18th, to Peter Baucomb, the sheriff of Jones County, to summon all freeholders on the 20th " and elect. ou! of themselves, seven persons of most note for wis- dom, sobriety, and integrity to serve as their depu- ties and representatives in General Assembly, to be held at Upland, in Pennsylvania, December 6th, next, and then and there to consult with him for the common good of the inhabitants of that province, and adjacent counties of New Castle, St. Jones and Wherekill, alius Deal, under his charge and juris- dietion." On the same day Jolm Vines was ap- pointed sheriff of Whorekill and Penn di- rected him to hold an election for seven repre- sentatives. Similar notices were issued to the other counties. Penn's province was then divided into three counties,-Philadelphia, Bucks, and Chester, -and the territories into New Castle, Jones, and Whorekills, alias Deal. The names of the two
any four of you shall make a quorum, to act in the sud employment and trust, for the preservation of the peace and justice of the pro- vince, according to law, hotely willing and charging all persons withit the said limits to take notice hereot, and acconhugly to yield you all due und just obedience in the dis harge of the saul trust. And this commission to be in force for the space of one while your, or until further ordered. Given under my hand and seal, in New Castle, this 28th day of October, It-2.
WILLIAM PENN.
" For my loving hinds, John Moll, Peter Alricks, Johannes de Haes, William Simple, Arnoldus de la Grange, and John Yann, whose accep- tance and obligation, agned by theniselves, is also preserved as fol- lows :
"We, whose names are here sub-cribed, being by William Penn, Esq , proprietor and governor of the province of Pennsylvania and Now Castle, Se., appointed justions of peace for the town of New Castle, opon Delaware, and twelve nukes north and west of the same, to the north sule of Duck Creek, du hereby, in the presence of God, declare and columnly parnass that we will, by the help of Good be just mund true, and faithindy discharge out trust, ir chmence to the sathe commission, and act thetem a cor ling to the best of our understandings. Withess our hands and seals. Given at Delaware, the 9th Os tobwer. IS2." "sighed by allof them. "
I In his speech in open court directed to the mnhal stants in general, he requested them to bring in at the next court to be held in New Castle, " all their patents, surveys, giant-, atul claims, which they had to their lands, livings, tonements, und possessions, promising to as ettan, aljuset, and confirm not only these as had a sufficient title and right. but also those as yet wanted a certain right to the same, so for forth is equity, justue, and rea-va would require." He also recommended that to take inspection, view and losk wier their town plots, to see what vacant Town may be found there for the accommodating and seating of new- comets, traders, and hands raftsmon therein. The proprietary was evidently afraid of being crowded at Philadelphia, where as yet but very little building had been done.
last were. towards the close of the year . Deren 25th ;, again clamped, -- Deal to Sussex,and Jom - Kent, -- und Penn directed that Cape Ienlopen called Cape fanges.
At a meties of the Deputy-Governor and je . tires in New Onale, ou a commission directed them by The proprietary, " touching the keeping . weekly constant market," it was resolved, " th .: Saturday, the 18th in-tant, shall be the first ma: ket-day, to be continued on every future Saturday for this town, when all persons are desired to re. partir with their commodities to the fort in the ma !- ket-place, at present appointed for the same, am that the sheriff'shall proclaim the same to begin at 10 o'clock in the morning, and continue till 4 o'clock P.M."
After Fenn had laid off his province, he took a horse and rods to New York, to see the Governor there. and look into the affairs of his friend, the Duke of York's province. When he returned he met the Assembly, on December 4th, at Upland. Nicholas More was president. The first day was devoted to organization and the selection of com- Twitters : on the second day the credentials of members and contested election cases were dis- posed of, and the House procceded to adopt a series of rules and regulations for its government. The ... have no special interest, except that they show the Lower House had set out to become a deliberative body, and was prepared to originate bills as well as vote upon them. The three lower counties sent in a petition signed by seven persons from New Deal, six from St. Jones, and five from New Ca -- tle, asking for annexation and union, and the Swedes, Finns, and Dutch another, asking that they might be made as free as the other members of the province, and have their lands entailed upon them and their heirs forever. The same day a bill for annexation and naturalization came down from the Governor and was passed, and on the next day the Legislature passed Penn's " Great Law," so called, and adjourned or was prorogned by the Governor for twenty-one days. It never met again.
The act of union " of the counties of New Castle. Jones's, and Whorekill, alias Deal," and naturali- zation " of all foreigners in the province and coun- ties aforesaid," after reciting Penn's different with? to Pennsylvania and the three lower counties or Delaware Hundreds, and the reasonis there were in favor of a closer union and one government for the whole, enacts that the counties mentioned " are hereby annexed to the province of Pomsylvania. as of the proper territory thereof. and the projde therein shaM be governed by the same laws and enjoy the same privileges in all respecte as the in- habitants of Pennsylvania do or shall enjoy." Tu further the purpose of this act of union, it is also enacted that " all persons who are strangers and
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85
DELAWARE UNDER WILLIAM PENN.
foreigners that do now inhabit this province and counties aforesaid," and who promise allegiance to the King of England, and obedience to the pro- prietary and his government, "shall be held and re- puted freemen of the province and counties afore - said, in as ample and full manner as any person residing therein : " other foreigners in the future, upon making application and paying twenty >hill- ings sterling, to be naturalized in like manner. This act, says Penn, in a letter written shortly afterwards, " much pleased the people. . . . The Swedes, for themselves, deputed Lacy Cock to ae- quaint him that they would love, serve, and obey him with all they had, declaring it was the best day they ever saw." An " act of settlement " ap- pears to have been passed at the same time, in which, owing to " the fewness of the people," the number of representatives was reduced to three in the Council and nine in the Assembly from each county, the meetings of the Legislature to beannu- ally only, unless an emergency should occur in the opinion of Governor and Council.
Penn's "Great Law," passed as above recited, contained sixty-nine sections.1 It represents the final shape in which the proprietary's "frame of government" and code of " laws agreed upon in England " conjointly were laid before the Legisla- ture. The variations from the original formis were numerous, some of them important. The language of the revised code is much improved over the first forms, both in dignity and sustained force. The preamble and first section are always quoted with admiration, and they should have their place here :
"THE GREAT LAW ; OR, THE BODY OF LAWS OF THE PROVINCE OF PENNSYLVANIA AND TERRITORIES HIEREUSTO BELONGING, PASSED AT AN ASSI. MELY AT CHESTER, ALIAS UPLAND, THE TTA DAY OF THE JOTHE MONTH, DECEMBER, 16x2.
" Whereas, the glory of Almighty God and the good of mankind is the reason and end of government, and therefore government, in it-elf, is a venerable ordinance of fiod: and forasmuch as it is principally Jesired and mtended by the proprietary and Governor, and the free- men of the Province of Penmylvama and territories thetennto belonging, to make and establish such laws as shall best preserve true Christian and civil Ibwerty, in opposition to all unchristian, licentivos, and unmust practices, whereby God may have his due, Casar his Jue, and the people their due from tyranny and oppression of the one ride and insulency and licentiousne- of the other, so that the best and firmiest foundation may be land for the present and future happiness of both the governor and the people of this province and territories afore- ball, and their postenty. Be if there fore enacted by William Penn, pro- prietary and governor, by and with the advice and consent of the deputies of the freemen of this province and counties aforesaid in as- emily met, and by the authority of the sime, that these following chaptera und paragraphs shall be the laws of Penbsylvaina and the terri- tories theient :
" I. Almighty God being only Lord of conscience, father of light-and spirits, and the author as well as object of all divine know ted_e, faith, atul worship, who ouly can enlighten the mind and persuade and con- vince the understanding of people in due reverence to his sovereignty over the souls of mankind ; it is ende ted by the anthority aforesaund that
1 There is a discrepancy here which it is difficult to make clear. The text follows Hazard: but Mr. Linn, in his work giving the " Duke of York's less" shows that the "Great Law " as adopted contained only sixty Que sections, and Mr. Hazud's classification is promotmed to the "Evidently erroneous." In fact, it is sand ih Count Proceedings of i've, that a serious lack of autrement was detvet I letworn the tonn- ology of laws and the enddied parchment coques in the hands of the Mister of the B Hs. Mr. Linn also choms that Mr Hazard is in v riot in regard to the date of the passage of the "Act of Settlement, ' which was wlopted not in 12, but on March 19, 1083.
no person now or at any time hereafter living in this province, who shall toutes and ack tinw ledge our Munghty God to be the creator, nphobler. and rules of the world, and that protewith low or bene If (Miguel in contiene to live [um cably and justly under the civil goverum ut, shall in any wave be mode-ted or presided for his or her cober ieben a far- suaston of practice, nor shall he or she at any time be compelled to frequent or mountain any rebewus worship, place, of nanifty what- ever contrary to his or her med, but shall tively and trilly er toy las or her Christian liberty in that respect without any interruption or reflee- mon ; and if any person shall alage of dende any other for his or her ditte rent felspasient and friestice in nattet of thein such skall le baked upon as a disturbed of the price, and te punched accordingly. But to the end that loosehess, irreheten, and ather-m may not creep in under prob me of conscience in this province, le it further enacted by the authority aforesaid, that in conting to the good example of the prim- itive thirstians, and for the case of the creation every hrst day of the werk, called the Lord's Day. people shall aletain from their common toil and labor that, whether musters, parents, children, or servants, they may the better di-pree theniselves to read the selftures of truth at home, or to frequent sich meetings of religious worship abroad as may best -nit their respective persuasions."
The second article of the code requires that all officers and persons " commissionated " and in the service of the Commonwealth, and members and deputies in Assembly, and " all that have the right to elect auch deputies shall be such as profess and deelare they believe in Jesus Christ to be the Son of God and Saviour of the world," ete. This was not perhaps illiberal for Penn's day, but under it not only atheists and infidels, but Arian- and So- cinians, were denied the right of suffrage. Swearing " by the name of God or Christ or Jesus " was punish- able, upon legal conviction, by a fine of five shill- ings, or five days' hard labor in the House of Cor- rection on bread and water diet. Every other sort of swearing was punishable also with fine or im- prisonment, and blasphemy and cursing incurred similar penalties. Ob-cene words one shilling fine or two hours in the stocks.
Murder was made punishable with death and confiscation of property, to be divided between the sufferer's and the criminal's next of kin. The punishment for manslaughter was to be graduated according to the nature of the offense. For adul- tery the penalty was publie whipping and a year's imprisonment at hard labor ; second offense was imprisonment for life, an action for divorce also lying at the option of the aggrieved husband or wife ; incest, forfeiture of half one's estate and a year's imprisonment; second offense, the life term ; sodomy, whipping, forfeiture of one-third of estate, and six months in prison ; life term for second offense; rape, forfeiture one-third to in- jured party or next friend, whipping, year's im- prisonment, and life term for second offen-e : forni- cation, three months' labor in House of Correction, and if parties are single, to marry one another after serving their term; if the man be mar- ried he fortoits one-third his estate in addition to lying in prison : polygamy, hard labor for life in House of Correction.
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