USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 51
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Dec. 26.
Further pro- ceedings in Penn's case.
" And the patent granted to his royal highness of New York being bounded west by the east side of Delaware Bay, is sufficiently distinguished from the grant desired by Mr. Penn, which is bounded eastward by Delaware River or Bay, so that the tract of land desired by Mr. Penn seems to be undisposed of by his majesty, except the imaginary lines of New England patents, which are bounded westwardly by the main ocean, should give them a real, though impracticable right to all those vast territories.
" But I am further to offer unto your lordships, that there are several Dutch and Swedish plantations which have been under the English government, that lie scattered on the west- ward of Delaware River, and some of them perhaps within the bounds of Mr. Penn's petition, and have for a long time either acknowledged the protection of his royal highness, who took them from the Dutch, upon the conquest of New York, or of the Lord Baltimore, near whose borders they are set- tled, and how far Mr. Penn's grant may, in this consideration, concern his neighbours, is most humbly submitted to your lordships."1
Dec. 31. St. Jones di- vided from Whorekill. Grants of land.
Between this date and the 11th of February last, the go- vernor has pleased to divide St. Jones from Whorekill county.2
On the petitions of thirty-three persons, the court, before the commissioner of Jones county, grant liberty to take up 18,663 acres of land.3
Rape.
A man ordered by court to be whipped for a rape; his punishment was commuted by a fine of £5, to be paid to the church.4
Marriages at Burlington.
Thirteen marriages had taken place at Burlington since its settlement.5
1 Votes of Assembly, vol. i. Reg. Penns. vol. i. p. 274.
2 Sussex Records, Breviat, p. 51. 3 Kent Records, in Breviat.
4 New Castle Records, p. 273. 5 Proud, vol. i.
485
DEPUTY GOVERNOR ANTHONY BROCKHOLLS.
1681.
Was born, December 24, 1680, on the site of the present January 3. Philadelphia, in a log house near the corner of the present Se- Another cond and Walnut streets, a person who has usually been called first-born, by writers Edward Drinker, but who was probably named Drinker. Edward John, as he is so called in the obituary notices at the time of his death, in four different newspapers, where the fact of his being born on this spot is mentioned. He lived to the great age of 103 years ; he died November 17, 1782. His parents are said to have come from Beverly, Massachusetts.1
Governor Andross, probably preparing for his departure January 16. for England, commissions " Captain Anthony Brockholls2 to Commission be commander-in-chief of the militia in this city (New York) to Governor Brockholls. government and dependencies, during my absence, and in any civil matter requiring the same, with the council to act, for the continued welfare of his majesty's subjects, as a com- mander or chief officer may and might do, according to law and practice," &c.3
Parret, the Indian sachamore, complains that Henry Bow- Parret com- man and others take his land and give him no satisfaction for it. The Sussex court orders, that every person that seats any land, shall pay the Indian proprietor, for 600 acres or under, one matchcoat, and if above 600, two matchcoats, and at the Court fixes time of the Indians' receiving the coats, he is to convey the land to the person he receives the coats of; and if any per- son refuses to pay the Indians for the land, execution to be given out for the same, directed to the sheriff, to execute and pay the Indian. Parret, the Indian sachamore, acknowledges Parret ae- in open court that he has sold to Bowman 1000 and 700 knowledges a sale. acres, between Slaughter Bridge and Cedar Creek.4
At a meeting of the committee, the boundaries of Mr. January 23. Penn's patent, settled by my Lord Chief Justice North, with the alterations of Sir John Werden, were read and approved, and next Wednesday appointed to review the whole patent. (January 15.)
1 Newspapers in 1782, particularly Oswald's "Independent Gazetteer," Nov. 23.
2 From the variety in the manner of spelling this name, it is ditheult to know which is the correct one; sometimes it is Brockholls, at others, Brock- holst, and Brockole; the latter is used by Clrilmers, and Brodhead in his MSS. The one adopted is that used in the printed documents which we publish.
3 Reg. Penns. vol. iv. p. S2.
4 Sussex Records, in Breviat.
2 s 2
plains that he is depriv ed of his lands and not paid. price of land.
486
CHARLES II .- JAMES, DUKE OF YORK.
1681.
January. Boundaries as settled by Chief Jus- tice North.
The following boundaries were settled by Chief Justice North : " As the same is bounded on the east by Delaware, from the twelve miles distance northward of New Castle town, from the beginning of the 40th degree of north latitude unto the 43d degree of north latitude, if the said river doth extend so far northward, but if said river shall not extend so far northward, then by the said river so far as it doth extend ; and from the head of said river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river unto the said 43d degree of latitude, the 'said lands to extend westward five degrees in longitude, to be com- puted from the said eastern bounds; and the said lands are bounded on the north by the beginning of 43d degree of north latitude, and on a circle drawn at twelve miles distance from New Castle, north and westward, unto the south, by the beginning of the 40th degree of north latitude, another by a straight line westward, to the limit of longitude above men- tioned, excepting all lands within twelve miles of the town of New Castle, that shall happen to lie within the said bounds now in possession of his royal highness, or his tenants and assigns."1
Correspond- ence be- tween the Friends. February 1. Patent again referred to Chief Jus- tice North, to insert clauses re- specting so- vereignty, customs, &c.
In this year commenced the first regular correspondence between the monthly meeting of Friends at Burlington, and the yearly meeting in London.2
" Upon reading the draft of a patent for Mr. Penn, con- stituting him absolute proprietary of a tract of land in America, northerly of Maryland, the lords desire Chief Jus- tice North to take said patent into his consideration, and to provide, by fit clauses therein, that all acts of sovereignty, as to peace and war, be reserved unto the king, and that all acts of parliament, concerning trade and navigation, and his ma- jesty's customs, be duly observed, and in general, that the patent be so drawn, that it may consist with the king's inte- rest and service, and give sufficient encouragement to planters to settle under it." (January 22.)
Bishop of London asks that Penn shall admit a chaplain of his ap- pointment.
A paper was " also read, wherein my Lord Bishop of Lon- don desires that Mr. Penn be obliged, by his patent, to admit a chaplain of his lordship's appointment, upon the request of any number of planters ; the same is also referred to the Lord Chief Justice North."3
1 Votes of Assembly, vol. i. Breviat, p. 53. Reg. Penns. vol. i. p. 274 .. .
2 Proud, p. 157. 3 Votes of Assembly. Reg. Penns. vol. i. pp. 269, 270.
DEPUTY GOVERNOR ANTHONY BROCKHOLLS.
487
1681.
Ephraim Herman appointed to receive quit-rents due in Delaware River and dependencies, as well as " in that part of the river now called Pennsylvania," till he receives fur- ther orders."1
Ephraim Herman " complains that people refuse to pass February 10. his bills for surveyor's fees established by the government, and more he admires that, as he hears, clerks are to be paid in tobacco, at 12s. 6d. per 100; the law expressly says that pay. Terms all fees shall be paid in silver, beaver, wampum, or wheat, one of which I may insist on, but because the country does not produce, ex- plentifully afford the same, I am willing to take the produce of the country, which is pork, at a reasonable rate, and should be ready to take tobacco, if it was like to be worth any thing. If I am denied what the law allows, I shall desist for a while, and make the case known to the governor or his deputy. I pray, sirs, you will right me where I am wronged, it being your places to do so."2
" Christian, the Indian, alias Petrocaquewan, lord and February 21. owner of all the land between St. Jones and Duck Creek," Indian pur- chase be- tween Jones and Duck Creek. conveyed "to John Brinkloe, planter, his heirs and assigns, 600 acres woodland, together with the marshes and creek bounding with the creek known by name of Lisburn, on north side of Jones's Creek;" consideration, 3 matchcoats, and 12 bottles drink, 4 double-handsful of powder, and 4 of shot. This land was still in possession of the Brinkloe family in 1838.3
At a meeting of the committee, a draft of a patent for February 21. Mr. Penn is read, and there being a blank left for the name, Patent read : their lordships agree to leave the nomination of it to the name left to king. king.
The Lord Bishop of London is desired to prepare the Law for set- draft of a law to be passed in this country, for the settling of tling Pro- testant reli- gion. the Protestant religion.
The committee of lords report favourably to his majesty, and say, " In obedience to your majesty's order, signified by the Earl of Sunderland, on the 1st of June last, we had pre- pared the draft of a charter, constituting William Penn, Esq., absolute proprietary of a tract of land in America therein mentioned, which we humbly present to your majesty, for king. your royal approbation, leaving also the naming of the
Charter and namo sub- mitted to the
1 New Castle Records.
2 Kent Records, in Breviat.
3 Delaware Register, vol. i. p. 177.
Herman complains of the kind of by law. Scarcity of cept tobacco.
488
CHARLES II .- JAMES, DUKE OF YORK.
1681.
said province to your majesty, which is most humbly sub- mitted."1
March 14.
Charter for Penn signed.
After this long and vexatious attendance upon the com- mittee of lords of trade and plantations, chief justice, attorney- general, and agents of Lord Baltimore, his majesty is this day pleased to sign the' charter, constituting William Penn proprietary of Pennsylvania.
The charter is in the following words : (March 4.)
" Charles, by the grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c., to all to whom these presents shall come, greeting :
Charter of Pennsylva- nia.
" Whereas our trusty and well-beloved subject, William Penn, esquire, son and heir of Sir William Penn, deceased, (out of a commendable desire to enlarge our British empire, and promote such useful commodities as may be of benefit to us and our dominions, as also to reduce the savage natives, by just and gentle manners, to the love of civil society and Christian religion,) hath humbly besought leave of us to trans- port an ample colony unto a certain country hereinafter de- scribed, in the parts of America not yet cultivated and planted, and hath likewise so humbly besought our royal majesty to give, grant, and confirm all the said country, with certain privileges and jurisdictions, requisite for the good government and safety of the said country and colony, to him and his heirs for ever.
Boundaries.
"I. Know ye, therefore, that we, (favouring the petition and good purpose of the said William Penn, and having re- gard to the memory and merits of his late father, in divers services, and particularly to his conduct, courage, and discre- tion, under our dearest brother James, duke of York, in that signal battle and victory fought and obtained against the Dutch fleet commanded by the Heer Van Opdam, in the year 1665: in consideration thereof, of our special grace, certain knowledge, and mere motion,) have given and granted, and by this our present charter, for us, our heirs and successors, do give and grant unto the said William Penn, his heirs and assigns, all that tract or part of land in America, with the islands therein contained, as the same is bounded on the east by Delaware River, from twelve miles distance northward of New Castle town, unto the three and fortieth degree of north- ern latitude, if the said river doth extend so far northward, 1 Votes of Assembly.
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
but if the said river shall not extend so far northward, then by the said river so far as it doth extend; and from the head of the said river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river, unto the said forty-third degree. The said land to extend westward five degrees in longitude, to be computed from the tinued. said eastern bounds, and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles distance from New Castle, northward and westward, unto the beginning of the fortieth degree of northern latitude, and then by a straight line westward to the limits of longi- tude above mentioned.
" II. We do also give and grant unto the said William Privileges. Penn, his heirs and assigns, the free and undisturbed use, and continuance in, and passage unto and out of all and sin- gular ports, harbours, bays, waters, rivers, isles, and inlets, belonging unto, or leading to and from the country or islands aforesaid, and all the soils, lands, fields, woods, underwoods, mountains, hills, fenns, isles, lakes, rivers, waters, rivulets, bays, and inlets, situated, or being within, or belonging to the limits or bounds aforesaid, together with the fishing of all sorts of fish, whales, sturgeon, and all royal and other fishes, in the seas, bays, inlets, waters, or rivers within the premises, and all the fish taken therein; and also all veins, mines, mi- nerals and quarries, as well discovered as not discovered, of gold, silver, gems, and precious stones, and all other whatso- ever, be it stones, metals, or any other thing or matter what- soever, found, or to be found, within the country, isles, or limits aforesaid.
" III. And him, the said William Penn, his heirs and as- Wm. Penn signs, we do by this, our royal charter, for us, our heirs and successors, make, create, and constitute the true and absolute proprietary of the country aforesaid, and all other the pre- mises ; saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and as- signs, and of all other proprietaries, tenants, and inhabitants, that are, or shall be, within the territories and precincts afore- said ; and saving also unto us, our heirs and successors, the sovereignty of the aforesaid country, to have, hold, possess, and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and
489
1681.
Charter of Pennsylva- nia, con-
Bounds.
made propri- etary.
62
90
CHARLES II .- A. BROCKHOLLS, DEPUTY.
Charter of Pennsylva- nia, con- tinued.
1681. assigns, for ever, to be holden of us, our heirs and successors, kings of England, as of our castle of Windsor, in the county of Berks, in free and common socage, by fealty only, for all services, and not in capite, or by knight-service, yielding and paying therefore to us, our heirs and successors, two beaver skins, to be delivered at our castle of Windsor, on the first day of January in every year; and also the fifth part of all gold and silver ore which shall, from time to time, happen to be found within the limits aforesaid, clear of all charges. And of our further grace, certain knowledge, mere motion, we have thought fit to erect, and we do hereby erect the afore- said country and islands into a province and seigniory, and do call it Pensilvania, and so from henceforth will have it called.
Power to govern and make laws.
" IV. And forasmuch as we have hereby made and ordained the aforesaid William Penn, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, know ye, therefore, that we, (reposing special trust and confidence in the fidelity, wisdom, justice, and provident circumspection of the said William Penn,) for us, our heirs and successors, do grant free, full, and absolute power, by virtue of these presents, to him and his heirs, to his and their deputies and lieutenants, for the good and happy government of the said country, to ordain, make, and enact, and under his and their seals, to publish any laws whatsoever, for the raising of money for public uses of the said province, or for any other end, appertaining either unto the public state, peace, or safety of the said country, or unto the private utility of particular persons, according unto their best discre- tion, by and with the advice, assent, and approbation of the freemen of the said country, or the greater part of them, or of their delegates or deputies, whom, for the enacting of the said laws, when and as often as need may require, we will that the said William Penn, and his heirs, shall assemble, in such sort and form as to him and them shall seem best, and the same laws duly to execute unto and upon all people within the said country and limits thereof.
May appoint officers.
" V. And we do likewise give and grant unto the said Wil- liam Penn, and to his heirs, and their deputies and lieuten- ants, full power and authority to appoint and establish any judges and justices, magistrates, and other officers whatsoever, (for the probates of wills, and for the granting of administra-
491
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
tion within the precincts aforesaid,) and with what power so- 1681. ever, and in such form, as to the said William Penn, or his heirs, shall seem most convenient; also to remit, release, par- don, and abolish (whether before judgment or after) all crime Charter of and offences whatsoever, committed within the said country, against the laws, (treason, and wilful and malicious murder tinued. only excepted, and in those cases to grant reprieves, until our Grant par- pleasure may be known therein,) and to do all and every other dons. thing and things which unto the complete establishment of justice, unto courts and tribunals, forms of judicature, and manner of proceedings do belong, although, in these presents, express mention be not made thereof; and by judges, by them delegated, to award process, hold pleas, and determine, in all the said courts and tribunals, all actions, suits, and causes whatsoever, as well criminal as civil, personal, real, and mixed ; which laws, so as aforesaid to be published, our plea- sure is, and so we enjoin, require, and command, shall be most absolute and available in law, and that all the liege people and subjects of us, our heirs and successors, do observe and keep the same inviolably in those parts, so far as they con- cern them, under the pain therein expressed, or to be ex- pressed. Provided nevertheless, that the same laws be con- Proviso: sonant to reason, and not repugnant or contrary, but (as near as conveniently may be) agreeable to the laws and statutes, and rights of this our kingdom of England; and saving and re- serving to us, our heirs and successors, the receiving, hearing, and determining of the appeal and appeals of all or any per- son or persons, of, in or belonging to the territories aforesaid, or touching any judgment to be there made or given.
"VI. And forasmuch as, in the government of so great a Laws of Eng. country, sudden accidents do often happen, whereunto it will be necessary to apply remedy, before the freeholders of the are made in said province, or their delegates or deputies can be assembled the province. to the making of laws; neither will it be convenient that in- stantly, upon every such occasion, so great a multitude should be called together, therefore, (for the better government of the said country,) we will ordain, and by these presents, for us, our heirs and successors, do grant unto the said William Penn, and his heirs, by themselves, or by their magistrates and officers, in that behalf duly to be ordained as aforesaid, to make and constitute fit and wholesome ordinances, from time to time, within the said country to be kept and observed,
Pennsylva- nia, con-
laws to be consonant with those of England. Right of appeal ro- served.
land in force till others
492
CHARLES II .- A. BROCKHOLLS, DEPUTY.
1681.
Charter of Pennsylva- nia, con- tinued.
as well for the preservation of peace, as for the better go- vernment of the people there inhabiting, and publicly to notify the same to all persons whom the same doth, or may anywise concern. Which ordinances our will and pleasure is shall be observed inviolably within the said province, under the pains therein to be expressed, so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but (so far as conveniently may be) agreeable with the laws of our kingdom of England, and so as the said ordinances be not extended, in any sort, to bind, change, or take away the right or interest of any person or persons, for, or in their life, members, freehold, goods, or chattels. And our further will and pleasure is, that the laws for regulating and govern- ing of property within the said province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and chattels, and likewise as to felonies, shall be and continue the same as they shall be, for the time being, by the general course of the law in our king- dom of England, until the said laws shall be altered by the said William Penn, his heirs or assigns, and by the freemen of the said province, their delegates or deputies, or the greater part of them.
Laws to be transmitted to England for approval in five years.
" VII. And to the end that the said William Penn, or his heirs, or other the planters, owners, or inhabitants of the said province may not, at any time hereafter (by misconstruc- tion of the power aforesaid) through inadvertency or design, depart from that faith and due allegiance which, by the laws of this our realm of England, they and all our subjects in our dominions and territories always owe to us, our heirs and successors, by colour of any extent, or largeness of powers hereby given, or pretended to be given, or by force or colour or any laws hereafter to be made in the said province, by vir- tue of any such powers. Our farther will and pleasure is, that a transcript or duplicate of all laws which shall be so as aforesaid made and published within the said province, shall, within five years after the making thereof, be transmitted and delivered to the privy council for the time being, of us, our heirs and successors ; and if any of the said laws, within the space of six months after that they shall be so transmitted and delivered, be declared by us, our heirs and successors, in our or their privy council, inconsistent with the sovereignty or lawful prerogative of us, our heirs or successors, or con-
t
493
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
trary to the faith and allegiance due to the legal government of this realm, from the said William Penn, or his heirs, or of the planters and inhabitants of the said province, and that thereupon any of the said laws shall be adjudged and declared Charter of to be void, by us, our heirs and successors, under our or their privy seal, that then and from thenceforth, such laws, con- tinued. cerning which such judgment and declaration shall be made, shall become void, otherwise the said laws, so transmitted, shall remain and stand in full force, according to the true intent and meaning thereof.
" VIII. Furthermore, that this new colony may the more Encourage- happily increase by the multitude of people resorting thither, therefore we, for us, our heirs and successors, do give and grant, by these presents, power, license, and liberty unto all the liege people and subjects, both present and future, of us, our heirs and successors, (excepting those who shall be espc- cially forbidden,) to transport themselves and families unto the said country, with such convenient shipping as by the laws of this our kingdom of England they ought to use, and with fitting provision, paying only the customs therefore due, and there to settle themselves, dwell and inhabit, and plant, for the public and their own private advantage.
"IX. And furthermore, that our subjects may be the rather Also, to encouraged to undertake this expedition with ready and trade. cheerful minds, know ye, that we, of our special grace, certain knowledge, and more motion, do give and grant, by virtue of these presents, as well unto the said William Penn, and his heirs, as to all others who shall from time to time repair unto the said country, full license to lade and freight, in any ports whatsoever of us, our heirs and successors, according to the laws made, or to be made, within our kingdom of England, and unto the said country, by them, their servants or assigns, to transport all and singular their goods, wares, and merchan- dises, as likewise all sorts of grain whatsoever, and all other things whatsoever, necessary for food or clothing, not prohi- bited by the laws and statutes of our kingdom and dominions, to be carried out of the said kingdom, without any let or mo- lestation of us, our heirs or successors, or of any of the officers of us, our heirs or successors ; saving always to us, our heirs and successors, the legal impositions, customs, or other duties and payments for the said wares and merchan-
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