USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 50
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1 Upland Records. 60
2 Albany Records; Penn's Breviat. 2R 2
474
CHARLES II .- JAMES, DUKE OF YORK.
1680.
He presents to the king a petition for a grant of Pennsylva- nia.
debted largely to his father for money, as well as services, amounting, with interest, to about £16,000, in lieu of which, the government being unable or unwilling to settle with him in money, he proposed to receive land in America, and accord- ingly presented a petition to King Charles II., asking the issue of letters-patent for it. The entire petition is not in existence, but, in a mutilated state, was presented on the trial between Penn and Lord Baltimore, in 1735, in the following form, as we find it on the Breviat of the evidence.1 (June 14.)
Copy of a fragment of the petition.
For the The Humble ad son to Sir W
Sheweth That having in Ireland by the oppression of the lord decease (though most of it remitted by to borrow every penny of it by reason England was under the stop of the Ex with the growing interest of it, and ye for the relief of his own and his mother's Ruine
He humbly prays that that princely respect he of his compassion to the afflicte America, lying North of M River on the west, limmit extend as far as plantable he doubts not by his intere profitable plantation to the to raise that speedy and sufficient incumbrances that he may Debt of, at least 11000£ and be and time as shall be most And2
From the time of the presentation of Penn's petition to the king, for a grant of lands in America, to that of his ob- taining a charter, a long and searching course of proceedings took place, as will be seen by extracts from them.
1 Clarkson's Life of Penn. Proud, &c.
2 Breviat, p. 51.
1
475
DEPUTY GOVERNOR EDMUND ANDROSS.
At a meeting of the lords of the committee of the Privy 1680. Council, for the affairs of trade and plantations, present, Lord President Duke of Albemarle, Bishop of London, and Secretary Jenkins, " the petition of William Penn, referred, by an order from the Earl of Sunderland, of the 1st instant, is read, praying, in consideration of debts due to him or his father, from the crown, to grant him letters-patent for a tract plantations of land in America, lying north of Maryland, on the east on Penn's petition. bounded with Delaware River, on the west limited as Mary- land, and northward to extend as far as plantable ; where- upon Mr. Penn is called in, and being asked what extent of land he will be contented with northerly, declares himself satisfied with three degrees to the northward, and that he is willing, in lieu of such a grant, to remit his debt due him from his majesty, or some part of it, and to stay for the remainder till his majesty shall be in a better condition to satisfy it." Ordered, " that copies of the petition be sent unto Sir John Werden," and to the agents of the Lord Baltimore, "to the end that they may report how far the pretensions of Mr. Penn may consist with the boundaries of Maryland, or the duke's propriety of New York, and his possessions in those parts."
Letters were accordingly addressed, by Secretary Blayth- waite, to Sir John Werden, and the agents of Lord Baltimore, enclosing a copy of the petition. (June 14.)
The petition of Mr. Penn is again read ; also a letter from July 5. Sir J. Werden, and one from Lord Baltimore's agent. Mr. Penn was then called in, and " told, that it appearing from Sir John's letter, that part of the territory desired by him is already possessed by the Duke of York, he must apply him- self to his royal highness for adjusting their respective pre- tensions, and Mr. Penn being also acquainted with the matter of the letter from the Lord Baltimore's agents, he does agree that Susquehanna Fort shall be the bounds of the Lord Bal- timore's province ; and as to the furnishing of arms and ammunition to the Indians, Mr. Penn declares himself ready to submit to any restraints their lordships shall impose.
The following are the letters referred to in the preceding.
Sir John replies : after excusing his delay by absence, he July 3. says, " that by all which I can observe of the boundaries Letter of Sir mentioned in Mr. Penn's petition, they agree well enough John Wer- den. with that colony or plantation which has been hitherto, (ever since the conquest of New York, by Colonel Nicholls,) held
June 24. Proceedings of lords of trade and
476
CHARLES II .- JAMES, DUKE OF YORK.
1680. as an appendix and part of the government of New York, by the name of Delaware Colony, or more particularly, New Castle Colony, that being the name of a principal place in it, the whole being planted promiscuously by Swedes, Fin- landers, Dutch, and English, all of which hath been actually under the government of his royal highness's lieutenant at New York hitherto, but what are its proper boundaries, (those of latitude and longitude being so very little known, or so ill observed, as experience tells us, in all the West Indies,) I am not able to say; if this be what Mr. Penn would have, I presume the right honourable the lords of the committee for trade and plantations will not encourage his pretensions to it, because of what is mentioned, which plainly show the duke's right preferable to all others, (under his majesty's good liking,) though it should not prove to be strictly within the limits of the duke's patent ; but if it be any other parcel of land unimproved in those parts, which is without all other patents, and not interfering with the possessions of his majesty's subjects already settled there, I humbly submit to their lordships how far they may think convenient, (under fitting restrictions and qualifications,) to tie up the govern- ment of such new colonies, as near as may be, to the laws of England, to recommend the petitioner's request to his ma- jesty." (June 23, 1680.)1
Letter of the agents of Lord Balti- more.
Messrs. Barnaby Dunch and Richard Burk, the agents of Lord Baltimore, say, "It is desired, that if the grant pass unto Mr. Penn, of the lands petitioned for by him, in America, that it may be expressed to be land that shall be north of Susquehanna Fort, also north of all lands in a direct line between the said fort and Delaware River, and also north of all lands upon a direct line westward from said fort, for said fort is the boundary of Maryland northward. It is further desired that there may be contained general words of re- striction as to any interest granted to the Lord Baltimore, and saving to him all rights granted. It is also prayed that my lord's council may have a sight of the grant, before it pass.
" On a public account, it is offered, that some due caution be provided, that no arms, powder, shot, or ammunition, be sold, by any that shall settle in this new plantation, to the
1 Votes of Assembly, vol. i. Penn's Breviat. Reg. Penns. vol. i. p. 270.
I
477
1680.
chase. New Castle, &c.
DEPUTY GOVERNOR EDMUND ANDROSS.
Indians or natives, for hereby a common mischief may happen unto all his majesty's neighbouring plantations."1
About this time, probably, commenced the foreign com- merce by the English settlers from the Delaware, as Mahlon July 6. Stacey to a friend in England writes, " that Burlington will be a place of trade quickly, for here is way for trade. I, with eight more, last winter bought a good ketch of 50 tons, freighted her out at our own charge, and sent her to Barba- Voyage from does, and so to sail to Saltertugas, to take in part of her Burlington to West In- lading in salt, and the rest in Barbadoes goods, as she came dies. back; which said voyage she hath accomplished very well, and now rides at Burlington, discharging her lading, and so to go to the West Indies again, and we intend to freight her out with our own corn."2
The same writer says, " we have wanted nothing, since we Comfortable came hither, but the company of our good friends and ac- condition of the settlers. quaintance." " I live as well to my content, and in as great plenty as ever I did, and in a far more likely way to make an estate."3
" About this time, Olive had built his water-mill on his Mills at Ran- plantation nigh Rancocas Creek, and in this year, Stacey Trenton. cocas and finished his mill at Trenton. The inhabitants had hitherto either pounded their corn, or ground it with hand-mills. These two mills were the only ones that ground for the coun- try, several of the first years after their arrival."4
" An original deed of sale, (upon a half sheet of paper,) July 20. whereby Kanockere, Alom, Eliggene, Nogcotto, Towis, Wip- Indian pur- paycam, and Winappanegge, for themselves and their heirs, alienate, bargain, and sell unto Mr. John Moll, of the town of New Castle, on Delaware River, in the behalf of all the inhabitants dwelling at Case and Broett Islands, Red Clay Creek and White Clay Creek, quite unto the falls thereof, which are already settled, and shall settle hereafter, upon any of said islands about Christina Creek, as far as the precincts of Maryland, the land called Musser Cripple therein included, to hold free of the claims of all Indians and their heirs; and that for a valuable consideration, on real satisfaction, paid to the Indians by said John Moll, as well for his own proper account as also for the proper account of all the present and
1 Votes of Assembly. Penn's Breviat. Reg. Penns. vol i. p. 270.
2 Stacey's Letter, in Smith's N. J. p. 11.
4 Ibid. (note.)
3 Ibid.
478
CHARLES II .- JAMES, DUKE OF YORK.
1680.
August 16. Duke of York trans- fers West Jersey.
The Duke of York conveys by deed, to Edward Byllinge, William Penn, G. Lawrie, N. Lucas, John Eldridge, and Ed- ward Warner, all the territory of the province of West Jersey.2
August 31. No other tax than in 1677.
The justices of New Castle write to New York, that there never was any other tax or public levy at New Castle than in 1677, which was; with his own (governor's) approbation, and on account of wolves' heads. Captain Collyer charged 25 per cent. for collecting the wolf, dyke, and fine money, " and for the rest of Captain Collyer's account, we know not what way it may be paid, having now, nor before, any cash or public store to pay the same." It was afterwards (Oct. 4) ordered to be paid out of quit-rents due from him, &c.3
Empty treasury.
October.
Complaints against du- ties at Whorekill.
Application for their re- moval, and success of it.
In the time of Governor Lovelace, (see page 380,) a duty of £10 per cent., which had previously been laid, but for some time had been intermitted, was renewed by him, on all European goods imported at the Whorekill, and on all furs and peltry exported thence, and which had been exacted of all persons arriving in West Jersey. From the first they had complained of it as a great hardship, but as they had much increased, this duty amounted to so considerable a sum as to become oppressive. The settlers therefore concluded to en- deavour to have the evil remedied, and for this purpose ad- dressed themselves to the trustees of Byllinge, to apply to the Duke of York to have the duty removed, it being considered an arbitrary act on the part of the governor of New York. Accordingly, William Penn and the other trustees brought the subject to the notice of the duke, whose interests would suffer should the duty be abolished ; the duke referred it to commissioners, where it continued for some time. A long argument was addressed to them,4 showing, that as the duke had received from the king, together with the land, among other powers, that of government, and that whatever rights and powers the duke possessed he had conveyed to Berkley and Carteret, and Berkley to Byllinge, and that no longer could the colony be subject " to any laws or impositions but
1 Breviat; (Penn's Exhibits, P. F.) p. 50.
2 Leaming & Spicer, p. 412. Mulford, p. 191.
3 New Castle Records, in Penn's Breviat, p. 30.
4 Smith's N. J. p. 117, &c., where see the arguments at length. Also, Mul- ford, p. 185, &c. Clarkson, vol. i. p. 201.
all future settlements and inhabitants in those parts. Given under customary marks, in New Castle, July 10, 1680."1
th ref
ci d us d n 0 0
t SE 91 P
C S
b b
DEPUTY GOVERNOR EDMUND ANDROSS.
479
1680.
those made by itself or Great Britain." The commissioners referred the subject to the attorney-general, Sir W. Jones, who decided in favour of the colonists. The result was offi- cially made known to the governor of New York, and the duty removed this year.
Robert Willing was fined 500 pounds of tobacco, to the October 2. use of the public, and to keep the peace one year and one Man fined day, by the court, St. Jones's, for " abusing his royal high- ness's justices of the peace, by saying he wondered the Duke royal high- of York was such a fool as to make such inconsiderable sons ness. of whores justices."1
Balance of account of £59, 16s. 72d. to be paid by sheriff
October 14. to E. Cantwell, "out of arrears due for quit-rents from him- Balance to self and others, particularly for two parcels of land in Apo- quinimy, of 800 and 900 acres, formerly taken up and patented by him in 1676."2
There are several appeals from Delaware courts to court October 16. in New York, and one case of appeal from the judgment of the court to England.
John Moll, justice, and president of New Castle court, is Cases of ap- called by Abraham Mann to answer an indictment for words peal to New York and spoken in court, and at other times. The jury find him England, on guilty of speaking the words in 1st and 2d articles, and of judgment of court differ- denying execution, and acquit him of the rest. The court ing from ver- adjudge said indictment illegal and vexatious, and that Moll, dict of jury. by what is found against him, is not guilty of any crime, or breach of any known law, therefore acquit him, and order Mann to pay costs of court. Mann moved for an appeal to England, which is granted, he giving sufficient security to the value of £1000, to prosecute the same, and paying damages, if cast.3
John Richardson having obtained, at the court of assizes, October 21. a judgment for land he hath seated and improved, and having a considerable number of hands, 1200 acres are to be laid out for him adjoining to the above, including the same on chardson direct lines, according to the regulation. Also, 1200 for and John St .vens. John Stevens ; both to have, if possible, benefit of the water as well as land roads.4
The court, " finding it necessary for the due preserving of October 23.
1 Kent Records, in P'enn's Breviat.
2 New Castle Records. Albany Records. Reg. Penns. vol. iv. p. 81.
3 New York Records; Breviat. 4 Ibid.
for speaking against his
be paid Cant- well.
Large bodies of land to John Ri-
1
480
CHARLES II .- JAMES, DUKE OF YORK.
1680.
the peace," appoints another constable to officiate between the Schuylkill and Neshaminy, viz. Erick Cock, for one year.
John Cock and Lasse Dalbo are appointed overseers of highways and roads, and viewers of fences, through the county.
October 26.
Ephraim Herman and Laer Cock have 552 acres surveyed on " Hotaorckon Creek," on west side of Delaware, and A. Petersen his land at Kingsesse.1
Second letter from Sir John Wer- den, express- ing his royal highness's, and his ma- jesty's assent to his peti- tion.
Sir John Werden again writes to the secretary, and after referring to his former letter, says, "Since then, Mr. Penn hath represented to the duke his case and circumstances in relation to the reason he hath to expect favour from his ma- jesty, touching that request of his, to be such, as that his royal highness commands me to let you know, in order to your informing their lordships of it, that he is very willing Mr. Penn's request may meet with success ; that is, that he may have a grant of a tract of land which lies on the north of New Castle colony, part of Delaware, and on the west side of Delaware River, beginning about the latitude of 40°, and extending northward and westward as far as his majesty pleaseth, under such regulations as their lordships shall think fit."2
Nov. 14. Penn's peti- tion again read.
At the next meeting of the committee, at which ten earls, &c. were present, the petition of Mr. Penn is again read, " desiring that a day may be appointed for preparing a grant unto him, of propriety in a tract of land in America, upon Delaware River." Next Thursday is appointed for the purpose.
Nov. 18. Referred to attorney-ge- neral for considera- tion of his powers.
A letter from the secretary of the committee to the attor- ney-general, stating that his majesty has referred to them William Penn's petition, transmitting a draft of a grant of a tract of land for settling a colony and plantation in America, which he desires may pass to him for the government of that colony, have commanded me to signify their desire unto you, that upon consideration of the powers therein proposed, you report upon them, whether you have any thing to object against the same. The committee will meet on Thursday next.3
Nov. 21.
A deed is on record of this date, from Meghacksett, chief
1 Upland Records.
2 Votes of Assembly, vol. i. Penn's Breviat. Reg. Penns. vol. i. p. 270.
3 Votes of Assembly, vol. i. p. xiii., &c. Reg. Penns. vol. i. pp. 269, 273.
S
DEPUTY GOVERNOR EDMUND ANDROSS.
481
1680.
sachem of Cohanzey, and natural owner of all the lands lying between Duck Creek, called by the Indians Quinquingo Cipus, and Apoquinimy Creek, for 2 half-ankers of drink, 1 blanket, 1 matchcoat, 2 axes, 2 knives, 2 double handsful of powder, Purchase 2 bars lead, and 1 kettle, paid by Ephraim Harman ; land from In- dians, of lying on west side of Delaware, beginning at a creek near lands be- the land of Morris Liston, by the Indians called " Winsacco," and so along the said creek through the cedar swamp, &c.
tween Duck Creek and Apoquinimy.
The attorney presents to the committee his observations on Nov. 21. Mr. Penn's patent.
Whorekill applies to the governor for a court-house, prison, Nov. 23. stocks, and whipping-post, for public service, to be built by taxes. Granted as to prison and stocks.1
Governor Andross intending to sail for England, informs Nov. 25. the justices that he will leave Captain Anthony Brockholls, his lieutenant, without any other alteration. He likewise ex- cuses them from attending a court which he had appointed at New York, on account of the distance and the season of the year. He notices also the arrival of Mr. John Levin, "a gentleman sent by his royal highness, authorized to inspect the revenue, as per his commission," of which he sends them "a copy, to be observed accordingly," and recommends to them care in their several stations, to preserve and continue the public welfare. He did not depart till next year.2. (Sce January, 1681, for commission to Brockholls.)
Application is made by sixteen persons, to the court of St. Nov. 27. Jones county, to take up 9500 acres of land. The court Land regula- grants it, and makes an order that all persons taking up body of land tion. Large lands, in default of settlement and improvement within one applied for. year after date of survey, shall forfeit their interest in the samc.3
A letter from the secretary of the committee to Sir John Nov. 28. Werden, alludes to his heretofore sending to him Mr. Penn's Boundaries petition, and receiving his reply. He now sends, by his lord- ship's order, an extract of the patent which he is soliciting, so far as concerns the boundaries, to the end he may state his objections in behalf of his royal highness, if he sees cause. The committee will meet on Tuesday.
He also writes to the agents of Lord Baltimore, informing
1 N. Y. Records, in Breviat.
2 Reg. Penns. vol. iii. pp. 32, 33 ; vol. iv. p. 81. Breviat. Sussex Records.
3 Kent County Records, in Breviat, p. 51.
61
2 8
Andross go- ing to Eng- land, leaves Brockholls as lieuten- ant. Mr. Levin arrived.
referred to attorney-ge- neral.
482
CHARLES II .- JAMES, DUKE OF YORK.
1680. them their lordships had seen a draft of the letters-patent to Mr. Penn, which he alleges was put into their hands accord- ing to directions, to receive their objections. The committee to meet on Tuesday, and that in case they have nothing to object, they will thereupon take their final resolutions.1
Nov. 30.
Letter from Sir John Werden to the secretary, acknow- ledges receipt of letter of 18th, and a part of Mr. Penn's patent :
" In cases of this nature, it were most proper to have the Letter of Sir advice of counsel learned in the laws, for settling the boun- John Wer- den on the patent. daries of any new patent, but in regard I remember well the duke's directions expressed in a former letter, (16th October,) I shall frankly tell you my thoughts therefor, viz. that I be- lieve the description by lines of longitude, (especially,) and of latitude, are very uncertain, and so also is it, under what meridian the head of the Delaware River lies, which I do believe hath never yet been observed by any careful artist ; but it being the duke's intention that Mr. Penn's grant be bounded on the east side by Delaware River, and that his south limits be twenty or thirty miles beyond New Castle, (which colony of New Castle is northward, and distinct from Maryland, that being under the jurisdiction of Lord Balti- more,) which extent northward of New Castle colony, we guess, may reach as far as the beginning of the 40th degree of latitude ; therefore, if Mr. Penn's patent be so worded as to leave New Castle twenty or thirty miles beyond it, free, and to be bounded on the east by Delaware River, I think this is all the caution that needs as to the duke, who will not concern himself how far north or west Mr. Penn's patent takes in."
Sir John Werden writes to the secretary, "that Mr. Penn Dec. 3. Another let- ter from Werden. In- having often fallen into discourse with me of his concerns in America, since I wrote on Saturday, I have told him the sub- stance of what I had written, and he seems to fear that if his terview with south limits be rightly set at twenty or thirty miles north Penn. from New Castle town, he shall have so little river left, as very much to prevent the hopes he hath of improving the rest within his patent; but on the other side, he is willing that twelve English miles north of New Castle be his boun- dary, and believes the distance will fall under the beginning of the 40th degree of latitude, I have already signified to
1 Votes of Assembly, vol. i.
DEPUTY GOVERNOR EDMUND ANDROSS.
you all I know of the duke's mind herein, which is in general to keep some convenient distance from New Castle north- wards, for a boundary to that colony, but I confess I do not understand why it is precisely necessary to insist on just such a number of miles, more or less, in a country of which we know so little, and when all the benefits are intended to this patentee which others enjoy ; so I submit the point to your lordships' consideration, and do not think it material to add more."1 (November 23.)
Was " born in Bucks county, (Dec. 13,) Mary, daughter Dec. 23. of Lyonel and Elizabeth Britton. She is, so far as known, Another the first born of English parents in the present state of Penn- first-born sylvania, as may appear from a record in the register's office child. at Doylestown, in the handwriting of Phineas Pemberton, formerly register of said county. Her parents came from Alney, Bucks county, England, and arrived in the Delaware in the ship 'Owner's Advice,' George Bond, master, and settled in Bucks county, 4th month, 1680."2
There are several claimants to this honour, as will appear hereafter.
The governor of New York changes the name of the town Dec. 25. and county of Whorekill to that of Deal. The court records Whorekill it, and orders and decrees that they be so called from this day.3
county changed to Deal.
At a meeting of the council, Mr. Penn is called in con- Dec. 26. cerning his patent. On reading the letters of Sir John Wer- Summons to den, touching the boundaries wherein his royal highness may Werden and Burk to at- be concerned, they think it best that Sir John should attend tend. on Saturday, the 18th, and also Lord Baltimore's agents, both of whom were summoned, and desired not to fail to attend, as their lordships were then resolved to proceed to a resolution in that matter.4
The attorney-general's answer to Mr. Penn's patent, says :
" I have considered the petition of William Penn, praying Answer of the attorney general on his majesty to grant unto him a tract of land in America, lying north of Maryland, bounded on the east by Delaware Wmt. Penn's Bay, to the west by the Indian countries, as Maryland, and patent do not find that such boundaries do intrench upon the Lord
' Votes of Assembly, vol. i. pp. 269-273.
2 Bucks County Records; for which I am indebted, as well as for other facts, to the kindness of William Carr, Esq., Doylestown.
3 Sussex Court Records, in Breviat.
4 Votes of Assembly, vol. i.
483
1680.
0 1. e
484
CHARLES II .- JAMES, DUKE OF YORK.
1680.
Baltimore's province of Maryland, which is bounded south by a part of Virginia, east by the main ocean and Delaware River, and north by that part of Delaware River, which lieth in the 40th degree of latitude, and so by a direct line west- ward through the continent.
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