USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 52
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2T
1681.
Pennsylva- nia, con-
ment of emi gration.
494
CHARLES II .- A. BROCKHOLLS, DEPUTY.
1681.
dises, by any law or statute, due, or to be due, to us, our heirs and successors.
Charter of Pennsylva- nia, con- tinued.
May lay out towns, cities, &c.
"X. And we do further, for us, our heirs and successors, give and grant unto the said William Penn, his heirs and as- signs, free and absolute power to divide the said country and islands into towns, hundreds, and counties, and to erect and incorporate towns into boroughs, and boroughs into cities, and to make and constitute fairs and markets therein, with all other convenient privileges and immunities, according to the merits of the inhabitants, and the fitness of the places, and to do all and every other thing and things touching the pre- mises, which to him or them shall seem meet and requisite, albeit they be such as of their own nature might otherwise require a more special commandment and warrant than, in these presents, is expressed.
Commercial advantages.
" XI. We will also, and by these presents, for us, our heirs and successors, we do give and grant license, by this our charter, unto the said William Penn, his heirs and assigns, and to all the inhabitants and dwellers in the province afore- said, both present and to come, to import or unlade, by them- selves or their servants, factors, or assigns, all merchandises and goods whatsoever, that shall arise of the fruits and com- modities of the said province, either by land or sea, into any of the ports of us, our heirs or successors, in our kingdom of England, and not into any other country whatsoever, and we give him full power to dispose of the said goods, in the said ports, and if need be, within one year next after the unlad- ing of the same, to lade the said merchandise and goods again into the same, or other ships, and to transport the same into any other countries, either of our own dominions or foreign, according to law; provided always, that they pay such cus- toms and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdom of England, for the time being, shall be bound to pay, and do observe the acts of navigation, and other laws in that behalf made.
Seaports, creeks, and harbours.
"XII. And furthermore, of our ample and special grace, certain knowledge, and mere motion, we do, for us, our heirs and successors, grant unto the said William Penn, his heirs and assigns, full and absolute power and authority to make, erect, and constitute, within the said province, and the isles and inlets aforesaid, such and so many seaports, harbours,
495
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
creeks, havens, keys, and other places for discharging and unlading of goods and merchandise out of the ships, boats, and other vessels, and landing them unto such and so many places, and with such rights, jurisdictions, liberties, and pri- vileges unto the said ports belonging, as to him and them shall seem most expedient; and that all and singular the tinued. ships, boats, and other vessels, which shall come for merchan- dise and trade into the said province, or out of the same, shall be laden or unladen only at such ports as shall be created and constituted by the said William Penn, his heirs or assigns, (any use, custom or thing to the contrary notwithstanding.) Provided, that the said William Penn, and his heirs, and the lieutenants and governors for the time being, shall admit and receive in and about all such havens, ports, creeks, and keys, all officers and their deputies, who shall, from time to time, be appointed for that purpose by the farmers, or commis- sioners of our customs for the time being.
"XIII. And we do further appoint and ordain, and by Customs, &c. these presents, for us, our heirs and successors, we do grant may be im- posed by the unto the said William Penn, his heirs and assigns, that he, province. the said William Penn, his heirs and assigns, may, from time to time, for ever, have and enjoy the customs and subsidies, in the ports, harbours, and other creeks and places aforesaid, within the province aforesaid, payable or due for merchandise and wares there to be laded and unladed, the said customs and subsidies to be reasonably assessed, upon any occasion, by themselves and the people there, as aforesaid to be assem- bled, to whom we give power by these presents, for us, our heirs and successors, upon just cause and due proportion, to assess and impose the same; saving unto us, our heirs and successors, such impositions and customs as, by act of parlia- ment, are and shall be appointed.
" XIV. And it is our farther will and pleasure, that the Agent to re- said William Penn, his heirs and assigns, shall, from time to side in Lon- don. time, constitute and appoint an attorney or agent, to reside in or near our city of London, who shall make known the place where he shall dwell, or may be found, unto the clerks of our privy-council, for the time being, or one of them, and shall be ready to appear in any of our courts at Westminster, to answer for any misdemeanor that shall be committed, or by any wilful default or neglect permitted by the said Wil- liam Penn, his heirs or assigns, against the laws of trade and
1681.
Charter of Pennsylva- nia, con-
496
CHARLES II .- A. BROCKHOLLS, DEPUTY.
Charter of Pennsylva- nia, con- tinued.
The govern- ment may be resumed by England.
1681. navigation ; and after it shall be ascertained, in any of our courts, what damages we, or our heirs or successors, shall have sustained by such default or neglect, the said William Penn, his heirs or assigns, shall pay the same within one year after such taxation, and demand thereof from such attorney, or in case there shall be no such attorney by the space of one year, or such attorney shall not make payment of such da- mages within the space of a year, and answer such other forfeitures and penalties within the said time, as by acts of parliament in England are and shall be provided, according to the true intent and meaning of these presents, then it shall be lawful for us, our heirs and successors, to seize and resume the government of the said province or country, and the same to retain, until payment shall be made thereof; but notwith- standing any such seizure, or resumption of the government, nothing concerning the propriety or ownership of any lands, tenements, or other hereditaments, goods or chattels of any of the adventurers, planters, or owners, other than the re- spective offenders there, shall anyways be affected or molested thereby.
Not to corre- spond with kings, &c. at war with England.
" XV. Provided always, and our will and pleasure is, that neither the said William Penn, nor his heirs, nor any other the inhabitants of the said province, shall at any time here- after have or maintain any correspondence with any other king, prince or state, or with any of their subjects, who shall then be in war against us, our heirs and successors; nor shall the said William Penn, or his heirs, or any other inhabitants of the said province, make war, or any act of hostility against any other king, prince, or state, or any of their subjects, who shall then be in league or amity with us, our heirs and suc- cessors.
May pursue and punish enemies.
" XVI. And because, in so remote a country, and situate near many barbarous nations, the incursions as well of the savages themselves, as of other enemies, pirates, and robbers, may probably be feared, therefore we have given, and for us, our heirs and successors, do give power, by these presents, to the said William Penn, his heirs and assigns, by themselves, or their captains, or other their officers, to levy, muster, and train all sorts of men, of what condition soever, or whereso- ever born, in the said province of Pensilvania, for the time being, and to make war, and to pursue the enemies and rob- bers aforesaid, as well by sea as by land, even without the
497
1681. -
WILLIAM PENN, PROPRIETARY, AND GOVERNOR.
limits of the said province, and by God's assistance, to van- quish and take them, and being taken, to put them to death, by the laws of war, or to save them, at their pleasure, and to. Charter of do all and every other thing which unto the charge and office Pennsylva- nia, con- of a captain-general of an army belongeth, or hath accus- tinued. tomed to belong, as fully and freely as any captain-general of an army hath ever had the same.
"XVII. And furthermore, of our special grace, and of our May dispose certain knowledge, and mere motion, we have given and of lands. granted, and by these presents, for us, our heirs and succes- sors, do give and grant unto the said William Penn, his heirs and assigns, full and absolute power, license, and authority, that he, the said William Penn, his heirs and assigns, from time to time hereafter, for ever, at his or their own will and pleasure, may assign, alien, grant, demise, or enfeoff of the premises, so many, and such parts and parcels to him or them that shall be willing to purchase the same, as they shall think fit, to have and to hold to them, the said person or persons willing to take and purchase, their heirs and assigns, in fee- simple, or fee-tail, or for the term of life, lives, or years, to be held of the said William Penn, his heirs or assigns, as of the said seigniory of Windsor, by such services, customs, or rents, as shall seem meet to the said William Penn, his heirs or assigns, and not immediately of us, our heirs or successors.
"XVIII. And to the same person or persons, and to all and every of them, we do give and grant, by these presents, for us, our heirs and successors, license, authority and power that such person or persons may take the premises, or any parcel thereof, of the aforesaid William Penn, his heirs or assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple, or in fee-tail, or otherwise, as to him, the said William Penn, his heirs or assigns, shall deem expedient; the statute made in the parliament of Edward, the son of king Henry, late king of England, our predecessor, (commonly called the statute ' Quia Emptores Terrarum,' lately published in our kingdom of England,) in anywise notwithstanding.
" XIX. And by these presents, we give and grant license May erect unto the said William Penn, and his heirs, and likewise to all manors. and every such person or persons to whom the said William Penn, or his heirs, shall at any time hereafter grant any es- tate or inheritance, as aforesaid, to erect any parcels of land
63
2T 2
498
CHARLES II .- A. BROCKHOLLS, DEPUTY.
Charter of Pennsylva- nia, con- tinued. Frank- pledge.
1681. within the province aforesaid, into manors, by and with the li- cense to be first had and obtained for that purpose, under the hand and seal of the said William Penn, or his heirs, and in every of the said manors, to have and to hold a court-baron, with all things whatsoever which to a court-baron do belong, and to have and to hold view of frank-pledge, for the conservation of the peace, and the better government of those parts, by them- selves, or their stewards, or by the lords, for the time being, of the manors to be deputed, when they shall be erected, and in the same to use all things belonging to the view of frank- pledge. And we do further grant license and authority, that every such person or persons who shall erect any such manor or manors, as aforesaid, shall or may grant all or any part of his said land to any person or persons, in fee-simple, or any other estate of inheritance, to be held of the said manors re- spectively, so as no further tenure shall be created, but that upon all further or other alienations thereafter to be made, the said lands so aliened shall be held of the same lord and his heirs, of whom the aliener did then before hold, and by the like rents and services which were before due and accus- tomed.
King not to lay taxes with- out consent of proprieta- ry or parlia- ment.
" XX. And furthermore, our pleasure is, and by these pre- sents, for us, our heirs and successors, we do covenant and grant to and with the said William Penn, his heirs and as- signs, that we, our heirs and successors, shall, at no time hereafter, set or make, or cause to be set or made, any impo- sition, custom, or other taxation, rate, or contribution what- soever, in and upon the dwellers and inhabitants of the aforesaid province, for their lands, tenements, goods, or chat- tels, within the said province, or in and upon any goods and merchandises within the province, or to be laden or unladen within the ports or harbours of the said province, unless the same be with the consent of the proprietary or chief gover- nor, or assembly, or by act of parliament in England.
"XXI. And our pleasure is, and for us, our heirs and suc- cessors, we charge and command, that this, our declaration, shall from henceforth, from time to time, be received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a sufficient lawful discharge, pay- ment and acquittance, commanding all the officers and minis- ters of us, our heirs and successors, and enjoining them, upon pain of our highest displeasure, that they do not presume at
499
1681. -
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
any time to attempt any thing to the contrary of the premises, or that do, in any sort, withstand the same, but that they be, at all times, aiding and assisting, as is fitting, to the said William Penn, and his heirs, and unto the inhabitants and merchants of the province aforesaid, their servants, ministers,
Charter of Pennsylva- nia, con- factors, and assigns, in the full use and fruition of the benefit tinued. of this our charter.
"XXII. And our farther pleasure is, and we do hereby, for Control of us, our heirs and successors, charge and require, that if any of the inhabitants of the said province, to the number of twenty, shall, at any time hereafter, be desirous, and shall, by any writing, or by any person deputed by them, signify such their desire to the Bishop of London, for the time being, that any preacher or preachers, to be approved of by the said bishop, may be sent unto them for their instruction, that then such preacher or preachers shall and may reside within the said province, without any denial or molestation whatsoever.
"XXIII. And if perchance hereafter any doubt or ques- Interpreta- tion should arise concerning the true sense and meaning of tion. any word, clause, or sentence, contained in this our present charter, we will, ordain, and command, that at all times, and in all things, such interpretation be made thereof and allowed, in any of our courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, his heirs and assigns : provided always, no interpretation be ad- mitted thereof, by which the allegiance due unto us, our heirs and successors, may suffer any prejudice or diminution ; al- though express mention be not made, in these presents, of the true yearly value, or certainty of the premises, or any part thereof, or of other gifts and grants made by us, and our progenitors or predecessors, unto the said William Penn, any statute, act, ordinance, provision, proclamation, or restraint heretofore had, made, published, ordained, or provided, or any thing, cause, or matter whatsoever, to the contrary thereof in anywise notwithstanding. In witness whereof, we have caused these our letters to be made patent : witness ourself, at Westminster, the 4th day of March, in the three and thirtieth year of our reign, Annoque Domini one thousand six hundred and eighty-one.
" By writ of privy-seal, PIGOTT."1 "This venerable document, which is in the office of the
' Votes of Assembly, vol. i. p. xxiv. Reg. Penns. vol. i. pp. 293-297.
the Bishop of London.
500
CHARLES II .- A. BROCKHOLLS, DEPUTY.
1681. Secretary of the Commonwealth, is written on strong parch- ment, in the old English handwriting, with each line under- scored with lines of red ink, that give it a curious appearance. The borders are gorgeously furbelowed with heraldic devices, and the top of the first page exhibits a finely executed like- ness of his majesty, in good preservation."1 It is now framed and hung up.
March 15.
The feelings of Penn, upon this occasion, are thus ex- pressed in a letter to his friend, Robert Turner, dated the next day, when he probably came into possession of the char- ter. This letter also contains a history of the name given to the province.
" To Robert Turner. 5th of 1st mo. 1681.
Letter to R. Turner.
Name how and by whom given.
" Dear friend-My true love in the Lord salutes thee, and dear friends that love the Lord's precious truth in those parts. Thine I have, and for my business here, know that after many waitings, watchings, solicitings, and disputes in council, this day my country was confirmed to me under the great seal of England, with large powers and privileges, by the name of Pennsylvania, a name the king would give it, in honour of my father. I chose New Wales, being, as this, a pretty hilly country, but Penn being Welsh for a head, as Penmanmoire, in Wales, and Penrith, in Cumberland, and Penn, in Buck- inghamshire, the highest land in England, called this Penn- sylvania, which is, the high or head woodlands ; for I pro- posed, when the secretary, a Welshman, refused to have it called New Wales, Sylvania, and they added Penn to it, and though I much opposed it, and went to the king to have it struck out and altered, he said it was past, and would take it upon him; nor could twenty guineas move the under-secre- taries to vary the name, for I feared lest it should be looked on as a vanity in me, and not as a respect in the king, as it truly was, to my father, whom he often mentions with praise. Thou mayest communicate my grant to friends, and expect shortly my proposals. It is a clear and just thing, and my God, that has given it me through many difficulties, will, I believe, bless and make it the seed of a nation. I shall have a tender care to the government, that it will be well laid at first. No more now, but dear love in the truth.
" Thy true friend, WILLIAM PENN."2
1 Dunlop, in Memoirs of Penn. Hist. Soc. vol. i. p. 164.
2 Reg. Penns. vol. i. p. 297. Memoirs of Penn. Hist. Soc.
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
501
The Upland court met in the town of Kinsesse, Upland 1681. county.
Magister Jacobus Fabricius complains, that in the survey of his land granted by the court, there are 65 acres of swamp, March 8. and therefore desires 65 acres more, which were granted, of vacant land, but no abatement of quit-rent, unless the go- vernor should cause it.
J. Fabricius applies for new land.
site Burling-
A grant of 25 acres each, of marsh or meadow land, to Several E. Herman, Laers Cock, and Peter Van Vanbrug, in addition grants oppo- to their lands at Taomacken, the marsh lying in the mill ton. creek opposite Burlington.1
The oldest deed on record in Bucks county, is one of this April 1. date, from William Penn to Thomas Woolrich, of Shalford county, of Stafford, England. It recites the grant of William Penn from Charles II., of 4th March. The deed is for 1000 acres ; consideration, £20, and 1s. per 100 acres, quit- rent.2 (March 22, 1681.)
The next is July 27, 1681, to James Hill, of Beckington, county of Somerset, shoemaker, for 500 acres, in considera- tion of £10, and 1s. quit-rent.
Brockholls writes to the justices of Whorekill, in answer April 9. to one from them, complaining of the conduct of the clerk Removal of of the court, (Cornelius Verhoof,) and of their having re- moved him. He says, "they had done well had they sent tices disap- the case to New York before he was suspended, it being a matter rather becoming the powers of some higher judicature, and not so fitting for yourselves, who were the accusers, to judge of; however, I am inclinable to believe you did not do it without full examination into the truth, and in hopes of amendment for the future, am willing to pass it by, to which you have made a good step in the choice of William Clark, a Appoint- person I judge capable enough, and could well approve of for a continuance, were he not one of your bench, which is not proved of, practicable in any part of this government ; however, he may though one of the officiate till further order." He afterwards refuses to deliver bench. up the records ; the magistrates' court and sheriff are autho- rized to demand them; if not found, bind the clerk over to the court of assizes.3
After the charter had been signed nearly a month, a public April 12. declaration of the fact is made by the king, addressed to the
1 Upland Records.
2 Bucks County Records, per W. Carr.
3 Albany Records, in Breviat, p. 33.
clerk of court by jus-
proved of by governor.
ment of Wm. Clark ap-
502
CHARLES II .- A. BROCKHOLLS, DEPUTY.
1681. inhabitants and planters of Pennsylvania, intended probably to accompany Markham. It is as follows :
King's decla- ration of grant to Penn.
" Charles R .- Whereas his majesty, in consideration of the great merit and faithful services of Sir William Penn, deceased, and for divers other good causes him thereunto moving, hath been graciously pleased, by letters-patent bear- ing date the 4th day of March last past, to give and grant unto William Penn, Esq., son and heir of the said Sir William Penn, all that tract, &c. (as described in the charter.)
" His majesty doth, therefore, hereby publish and declare his royal will and pleasure, that all persons settled or inhabit- ing within the limits of the said province, do yield all due obedience to the said William Penn, his heirs and assigns, as absolute proprietaries and governors thereof, as also to the deputies, agents, or lieutenants, lawfully commissioned by him or them, according to the powers and authorities granted by the said letters-patent, wherewith his majesty expects and requires a ready compliance from all persons whom it may concern, as they tender his majesty's displeasure.
" Given at the court, &c., 2d April, 1681, thirty-third year of reign. By his majesty's command. CONWAY."1
April 18.
Penn prepared, with his own hand, a letter, to be sent by his deputy governor, "for the inhabitants of Pennsylvania, to be read by my deputy." The letter is sealed with three seals, bearing the arms of the Penn family, impressed on red wax. The original is, or was in possession of the Chew family.
Letter of Penn to the inhabitants of Pennsyl- vania.
"My friends-I wish you all happiness, here and hereafter. These are to let you know that it hath pleased God, in his providence, to cast you within my lot and care. It is a busi- ness that, though I never undertook before, yet God has given me an understanding of my duty, and an honest mind to do it uprightly. I hope you will not be troubled at your change, and the king's choice, for you are now fixed at the mercy of no governor that comes to make his fortune great ; you shall be governed by laws of your own making, and live a free, and, if you will, a sober and industrious people. I shall not usurp the right of any, or oppress his person. God has furnished me with a better resolution, and has given me his grace to keep it. In short, whatever sober and free men can reasonably desire for the security and improvement of their
1 Votes of Assembly, vol. i. p. xxiv. Reg. Penns. vol. i. p. 304.
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
own happiness, I shall heartily comply with, and in five months resolve, if it please God, to see you. In the mean time, pray submit to the commands of my deputy, so far as they are consistent with the law, and pay him those dues, (that formerly you paid to the order of the governor of New York,) for my use and benefit, and so I beseech God to direct you in the way of righteousness, and therein prosper you and your children after you. I am your true friend,
" WILLIAM PENN.
"London, 8th of the month called April, 1681."1
On the same day, it appears by Markham's commission, that Penn issued some instructions to him, of the nature of which, having never seen them, we have no knowledge, but from the connection in which they stand in the commission, it is to be inferred that they related to the settlement of boun- daries with his neighbours, and the disposition of lands.
Instructions to Markham,
At New Castle court, Mr. John Levin appears, and pro- April 18. duced his commission ; understanding it had been publicly Mr. Levin read in court, " demanded whether anybody questioned it ;" none appearing, it was recorded.2
.", appears with his commis- sion.
In a few days after the king's declaration, William Penn April 20. commissioned his relative, William Markham, to be deputy governor, giving him such instructions as the short time since his obtaining the charter would allow. They are as follows :
" The commission given by William Penn, governor and Wm. Penn's proprietor of the province of Pennsylvania, to his cousin, commission to William Markham. as deputy governor. William Markham, to be deputy governor for him, of the aforesaid province. At Westminster, this 10th of 2d mo. 1681.
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