USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 54
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After which an abstract of the patent is inserted. He then concludes by advising to due consideration of all the circum- stances and probabilities, and to make no rash or hasty de- cisions.
" To conclude, I desire all my dear country folks, who may Considera- be inclined to go into those parts, to consider seriously the premises, as well the present inconveniences, as future ease and plenty, that so none may move rashly, or from a fickle, but solid mind, having, above all things an eye to the provi- dence of God, in the disposal of themselves. And I would further advise all such at least to have the permission, if not the good liking of their near relations, for that is both natu- ral, and a duty incumbent upon all, and by this means will natural affection be preserved, and a friendly and profitable correspondence be maintained between them. In all which I beseech Almighty God to direct us, that his blessing may at- tend our honest endeavour, and then the consequence of all our undertaking will turn to the glory of his great name, and the true happiness of us and our posterity. Amen.
" WILLIAM PENN."1
Adventurers are referred to Philip Ford, Thomas Rudyard, and Benjamin Clark, for information, &c.
We have, in this document, the origin of the quit-rents, which afterwards gave considerable uneasiness in the province.
Justice Otto Ernest informs the court of Upland that he June S. has bought and paid for, of the Indian proprietors, a certain
1 Reg. Penns. vol. i. p. 308.
65
1
514
CHARLES II .- A. BROCKHOLLS, DEPUTY.
-
1681.
swampy or marshy island, called by the Indians " Quist- conck," lying at the upper end of Tinnackonk Island, in the river, opposite Andrews Boone's Creek.
J. Fabricius and his salary.
Upon petition of Jacobus Fabricius, "ordered, that the churchwardens of the petitioner's church take care that every one of those who have signed and promised towards his main- tenance, do pay him the sums promised, upon pain of execu- tion against the defective."
Ear-marks.
Ear-marks for cattle are now recorded.
Man fined for not working on roads.
John Champion is fined, on complaint of overseers of roads, 25 guilders, for not working upon the highways, on due warning.
William Warner1 and William Oram requesting, the court ordered, that the several people that hold lands of that which the petitioners bought of the Indians, lying on Schuylkill, every one to repay him proportionably to the quantity of land they hold there, the whole purchase which the petitioners paid being 335 guilders. The following persons hold lands within that limit : Andrew Juchoun, 200; Andrew Hom- man, 200; Pelle Laerson, alias Peter Pelle, 100; Peter Erickson, 200; William Warner, 100; William Oram, 100; John Booles and John Schooten, 400; Swen Lom, 300 ; each to pay their proportions.
June 14. Surveyor of roads.
William Boyles appointed surveyor and overseer of high- ways, from the falls to Poetquessing Creek, and to see roads and bridges in good order, by next court, and to require the inhabitants to help.
Gilbert Wheeler is fined £4 for selling strong drink to the . Indians.2
On the records in the surveyor-general's office, is the fol- lowing certificate of survey for land to the Swensons, and is perhaps a part of what was in dispute in 1679. (See pp. 447 and 463.) The creek named is probably the Cohocksink, as Rambo's petition embraced "the land between the land of Wiccacoa and the land of Juriaen Hartsfelder."
" By virtue of a warrant from the court of Upland .- Laid out for Swan Swanson, Ole Swanson, Andrew Swanson, in- habitants of Wicakoe, a tract of land, being an addition to
June 12.
1 We have noticed, on page 455, a report of the early settlement of Warner ; the date of the above purchase is not given; it may have been made several years previously.
2 All from Upland Records.
Lands bought on Schuylkill, and now held by va- rious per- sons, to pay their propor- tion.
515
1681. -
Survey of present site of Philadel-
Swansons.
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
their other land, called Wicakoe, situated and being on the west side of Delaware River ; beginning at a corner-marked Spanish oak, standing by the river side, at the mouth of a small run called Cooconocon ; from thence up by the north-west 40 perches, to a corner-marked white oak; from thence west by a line of marked trees, 247 perches, to a cor- phia, for ner-marked red oak; and from thence south by a line of marked trees, 170 perches, to a corner-marked black oak, standing near the old line of another tract, called Wicakoe; from thence south by east by a line of marked trees, 290 perches, to a corner-marked white oak, standing by the side of Dela- ware; from thence up by said river, north by east, and north-north-east, 210 perches, to the first-mentioned Spanish oak, containing 345 acres of fast land. Surveyed the 21st of June, 1681, per Richard Noble, surveyor of Upland county.
" This was surveyed in 1681, but when ordered by the court is uncertain, and last year we found it waste, when we began to build a house. S. H."
At what time Markham left England is not very certain, July 1. but, as appears from the following letter or order, he was in Arrival of New York on the 21st of June; he must have departed in April, or perhaps carly in May. Clarkson, and most of our deputy go- historians say, he accompanied other commissioners and some vernor. emigrants, later in the year, but this is disproved by their very instructions, and completely settled by the order below. It has been intimated, too, that he arrived first in the Dela- ware, but the probability is that he landed first at Boston or New York, from the circumstance of his commission being on record at the former, and that he obtained the order from the governor at the latter place, on his way to his govern- ment. It is addressed by lieutenant-governor of New York " to the justices of the peace, magistrates, and other officers within the bounds and limits mentioned, now called Penn- sylvania.
" Whereas his majesty hath been graciously pleased, by his Order of letters-patent bearing date 4th March last, to give and grant to William Penn, esquire, all the tract of land in America inhabitants now called by the name of Pennsylvania, formerly under the in Pennsyl- vania, to submit to Penn's go- vernor. protection and government of his royal highness, as the same is bounded, (as described in the charter,) with all powers, pre-eminences, and jurisdictions necessary for the government of a province, as by letters-patent doth at large appear, which,
William Markham, as
governor of New York to
516
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681. with his majesty's gracious letter, directed to the inhabitants and planters within the said limits, and a commission from the said William Penn to the bearer hereof, William Mark- ham, esquire, to be his deputy governor of the said province, have been produced and shown to us, and are entered upon record in the office of records for this province, and by us highly approved of, as his majesty's royal will and pleasure, therefore thought fit to intimate the same to you, to prevent any doubt or trouble that might arise, and to give you our thanks for your good service done in your several offices and stations, during the time you remained under his royal high- ness's government, expecting no further account than that you readily submit and yield all due obedience to the said letters-patent, according to the true intent and meaning thereof, in the performance and enjoyments of which we wish you all happiness. New York, June 21, 1681.
" ANTHONY BROCKHOLLS.
" By order in council, &c .- John West, clerk of council."
It does not appear, from this, that any emigrants accom- panied Markham, as some historians assert ; it is more probable that none came with him, as there had scarcely been time, since the date of the charter, for the preparation we should suppose necessary previous to the removal for a settlement in a new country. But little is known of his acts; such facts as we have met with will appear under their proper dates.
July 21.
Penn published " certain conditions or concessions agreed upon between him and the adventurers and purchasers," in which certain rules of settlement are laid down, and direc- tions for the treatment of the Indians, so as to establish and preserve a firm and lasting friendship with them. These were probably preliminary to the frame of government afterwards adopted.
Conditions and conces- sions.
" Certain conditions and concessions agreed upon by Wil- liam Penn, proprietary and governor of the province of Penn- sylvania, and those who are the adventurers and purchasers in the said province, the 11th of July, 1681.
City to be laid out, and roads.
"I. That so soon as it pleaseth God that the above persons arrive there, a certain quantity of land or ground plat shall be laid out for a large town or city, in the most convenient place upon the river for health and navigation ; and every purchaser and adventurer shall, by lot, have so much land therein as will answer to the proportion which he hath bought
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1681.
together in townships.
W. MARKHAM, DEPUTY .- CHARLES II.
or taken up upon rent. But it is to be noted, that the sur- veyors shall consider what roads or highways will be neces- sary to the cities, towns, or through the lands. Great roads from city to city not to contain less than forty feet in breadth, shall be first laid out and declared to be for highways, before the dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the towns and cities, that there may be convenient roads and streets pre- served, not to be encroached upon by any planter or builder, that none may build irregularly, to the damage of another. In this custom governs.
" II. That the land in the town be laid out together, after Proportions the proportion of ten thousand acres of the whole country ; of land. that is, two hundred acres, if the place will bear it; however, that the proportion be by lot, and entire, so as those that de- sire to be together, especially those that are by the catalogue laid together, may be so laid together both in the town and country.
"III. That when the country lots are laid out, every pur- Quantity to chaser, from one thousand to ten thousand acres, or more, not each to- gether. to have above one thousand acres together, unless in three years they plant a family upon every thousand acres, but that all such as purchase together, lie together, and if as many as comply with this condition, that the whole be laid out together.
"IV. That where any number of purchasers, more or less, May settle whose number of acres amounts to five or ten thousand acres, desire to sit together in a lot or township, they shall have their lot or township cast together, in such places as have convenient harbours, or navigable rivers attending it, if such can be found; and in case any one or more purchasers plant not according to agreement in this concession, to the preju- dice of others of the same township, upon complaint thereof made to the governor or his deputy, with assistance, they may award (if they see cause) that the complaining purchaser may, paying the survey-money, and purchase-money, and interest thereof, be entitled, enrolled, and lawfully invested in the lands so not seated.
" V. That the proportion of lands that shall be laid out in Each to have the first great town or city, for every purchaser, shall be after in city 10 for every 500 the proportion of ten acres for every five hundred acres pur- acres. chased, if the place will allow it.
"VI. That notwithstanding there be no mention made in
2 X
518
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681. the several deeds made to the purchaser, yet the said William Penn does accord and declare, that all rivers, rivulets, woods and underwoods, waters, water-courses, quarries, mines and Provision re minerals, (except mines-royal,) shall be freely and fully en- joyed, and wholly, by the purchasers into whose lot they fall.
specting ri- vers, mines, &c. " VII. That for every fifty acres that shall be allotted to a Land for servants. servant at the end of his service, his quit-rent shall be two shillings per annum, and the master or owner of the servant, when he shall take up the other fifty acres, his quit-rent shall be four shillings by the year, or if the master of the servant (by reason in the indentures he is so obliged to do,) allot out to the servant fifty acres in his own division, the said master shall have, on demand, allotted him from the governor, the one hundred acres at the chief rent of six shillings per annum.
Encourage- ment to search for mines.
" VIII. And for the encouragement of such as are ingen- ious and willing to search out gold and silver mines in this province, it is hereby agreed that they shall have liberty to bore and dig in any man's property, fully paying the damage done; and in case a discovery should be made, that the dis- coverer have one-fifth, the owner of the soil, (if not the dis- coverer,) a tenth part, the governor two-fifths, and the rest to the public treasury, saving to the king the share reserved by patent.
Proprie- tary's por- tion.
"IX. In every hundred thousand acres, the governor and proprietary, by lot, reserveth ten to himself, which shall lie but in one place.
Must plant in three years.
"X. That every man shall be bound to plant or man so much of his share of land as shall be set out and surveyed, within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey-money, and they go up higher for their shares.
No trading with In- dians except in market.
"XI. There shall be no buying and selling, be it with an Indian or among one another, of any goods to be exported, but what shall be performed in public market, when such places shall be set apart or erected, where they shall pass the public stamp or mark. If bad ware, and prized as good, or deceitful in 'proportion or weight, to forfeit the value as if good, and full weight and proportion, to the public treasury of the province, whether it be the merchandise of the Indian, or that of the planters.
519
1681.
to Indians to be tested.
between In- dians and whites to be settled by a jury.
W. MARKHAM, DEPUTY .- CHARLES II.
" XII. And forasmuch as it is not unusual with the planters to overreach the poor natives of the country in trade, by goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, whatever Goods sold is sold to the Indians in consideration of their furs, shall be sold in the market-place, and there suffer the test, whether good or bad; if good, to pass, if not good, not to be sold for good, that the natives may not be abused nor provoked.
"XIII. That no man shall, by any ways or means, in word Ofences or deed, affront or wrong any Indian, but he shall incur the against In- dians to be same penalty of the law as if he had committed it against punished as his fellow-planter; and if any Indian shall abuse, in word or against whites. deed, any planter of this province, that he shall not be his own judge upon the Indian, but he shall make his complaint to the governor of the province, or his lieutenant or deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care, with the king of the said Indian, that all reasonable satisfaction be made to the said injured planter.
"XIV. That all differences between the planters and the Differences natives, shall also be ended by twelve men, that is, by six planters and six natives, that so we may live friendly together as much as in us lieth, preventing all occasions of heart- burnings and mischief.
"XV. That the Indians shall have liberty to do all things
Privileges of relating to improvement of their ground, and providing suste- Indians. nance for their families, that any of the planters shall enjoy.
"XVI. That the laws as to slanders, drunkenness, swear- Crimes to be ing, cursing, pride in apparel, trespasses, distresses, replevins, punished as in England. weights and measures, shall be the same as in England, till altered by law in this province.
"XVII. That all shall mark their hogs, sheep, and other Marks on cattle, and what are not marked within three months after cattle. it is in their possession, be it young or old, it shall be for- feited to the governor, that so people may be compelled to avoid the occasion of much strife between planters.
"XVIII. That in clearing the ground, care be taken to Preservation leave one acre of trees for every five acres cleared, especially of wood. to preserve oak and mulberries, for silk and shipping.
" XIX. That all shipmasters shall give an account of their Masters of countries, names, ships, owners, freights, and passengers, to an officer to be appointed for that purpose, which shall be &c. registered within two days after their arrival; and if they
vessels to give account,
520
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681.
shall refuse so to do, that then none presume to trade with them, upon forfeiture thereof, and that such masters be looked upon as having an evil intention to the province.
Persons Jeaving to make publi- cation.
"XX. That no person leave the province without publica- tion being made thereof, in the market-place, three weeks before, and a certificate from some justice of the peace, of his clearness with his neighbours, and those he has dealt withal, so far as such an assurance can be attained and given ; and if any master of a ship shall, contrary hereunto, receive and carry away any person that hath not given that public notice, the said master shall be liable to all debts owing by the said person so secretly transported from the province.
"Lastly, that these are to be added to, or corrected, by and with the consent of the parties hereunto subscribed.
" WILLIAM PENN.
" Sealed and delivered in the presence of William Boel- ham, Harbert Springet, Thomas Rudyard.
" Sealed and delivered in the presence of all the proprie- tors, who have hereunto subscribed, except Thomas Farrin- borough and John Goodson, in the presence of Hugh Cham- berlen, R. Murray, Harbert Springet, Humphrey South, Thomas Barker, Samuel Jobson, John Joseph Moore, William Powel, Richard Davie, Griffith Jones, Hugh Lambe, Thomas Farrinborough, John Goodson."1
July 22. Opinion of Penn as a suitable per- son for the enterprise.
, A few extracts from a private letter-book, to which we had access, of that date, will show the opinions of individuals in England, and early proceedings on the subject of the pro- posed colony. The writer says, " I have begun my letter on too little a piece of paper to give thee my judgment of Penn- sylvania, but, in short, I and many others wiser than I am, do very much approve of it, and do judge William Penn as fit a man as any one in Europe, to plant a country. When he comes to town, I shall treat with him for 5000 acres for thee. I know £100 is the purchase thereof, and if thou does not conclude soon, it may be too late, for we suppose in a few weeks he will be gone thither. Mr. Penn is like to em- bark for his new country in a few weeks."2
On 26th of same month, he alludes to a paper that Penn gave him about Pennsylvania, and says, "I would have had some discourse with him, but he was in such extreme haste to
1 Reg. Penns. vol. i. pp. 324-326.
2 Letter-Book of James Claypoole, in possession of J. Parker Foulke, Esq.
521
W. MARKHAM, DEPUTY .- CHARLES II.
be gone towards Bristol, that we could not have time. He 1681. said he would discourse more fully in a few days. There is great encouragement both as to the country and governor, who, I believe, will establish good laws, as near as he can ; Apprehen- however, for my own part, if I had a mind to buy land there, I would forbear till I saw that he was not interrupted by Bal- timore in his taking possession, for this Baltimore is a great governor in Maryland, that borders on Pennsylvania, and ing posses- has received rent, for some years past, of the inhabitants sion. thereof, and it is like does so to this day, by connivance ; but keep this to thyself."1
sion that Lord Balti- more may prevent Penn's tak-
At a court of St. Jones county, E. Herman reports sur- July 29. veys of land for twenty-three persons, amounting to 14,247 acres. They were approved and recorded, and to be sent to governor for confirmation.2
It would appear from the following, that very soon after July. receiving the charter for Pennsylvania, William Penn was negotiating for New Castle, and probably for the remaining portion of the territory below.
" Sir John Werden wrote to Mr. Penn, that the duke was Duke objects not yet disposed to grant the lands about New Castle. He to Penn's having New at the same time informed him that he thought his claims to Castle. the islands in the Delaware ill-founded, because they were not included by the words of the patent, and were not intended to be granted. He immediately warned Dongan, governor of New York, to prevent Penn's encroachments on his pro- vince, or its dependencies, giving a reason, which shows the opinions of men who had done so much business with him, that he was very intent on his own interests in those parts, as you observe."3
In a letter of this date, from William Penn to Robert Tur- Sept. 4. ner, then in Ireland, he speaks of his refusing very conside- Large offers rable offers for a monopoly of the Indian trade, and his made to Penn, and refused. reasons for so doing.
" Thy remembrance by several notes, through the hands Letter from of J. Hall, I tenderly received ; and though I ordered P. Ford Penn to Turner. to answer thy said letters, and send the things by thee de- sired, and wrote and sent maps and accounts too, by friend Thomas Lurting, I thought good to send thee a few lines. I have lately been in the west of England, and had a prosper-
1 Claypoole's Letter-Book.
2 Kent Records, in Breviat.
3 Chalmers, p. 660. N. Y. Entries, pp. 355, 356.
66 2 x 2
522
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681.
ous journey in the Lord's service. At my return, found thine to me. The most material is about the quit-rent, &c. Philip will be large to thee upon it. I am contented to sell it to a beaver-skin, which is about a crown value, at ten years purchase. I did refuse a great temptation last Second-day, which was £6000, and pay the Indians, for six shares, and make the purchasers a company, to have wholly to itself the Indian trade from south to north, between the Susquahanagh and Delaware Rivers, paying me 2} per cent. acknowledg- ment or rent ; but as the Lord gave it me over all and great opposition, and that I never had my mind so exercised to the Lord about any outward substance, I would not abuse His love, nor act unworthy of His providence, and so defile what came to me clean. No, let the Lord guide me by His wisdom, and preserve me to honour His name, and serve His truth and people, that an example and standard may be set up to the nations ; there may be room there, though none here.
" WILLIAM PENN."1
Private let- ter confirm- ing the fore- going.
This statement of Penn is confirmed in a letter written 10th of 7th month, by the individual before referred to, and who became largely interested in the colony. He says, " Mr. Penn does not intend starting for Pennsylvania till next spring, and then it is like there will be many people ready to go from England, Scotland, and Ireland. He is offered great things ; £6000 for a monopoly in trade, which he refused, and for islands and particular places, great sums of money, but he designs to do things equally between all parties, and I believe truly does aim more at justice and right- eousness, and spreading of truth, than at his own particular gain. I tried him about the proposals to take £100 for 5000 acres, and abate the quit-rent, which he refused, in- tending to do equal by all. If thou will be concerned in one-half of the 5000 acres, I will have the other half, and make as good terms for thee as for myself."2 A testimony highly honourable to the proprietary.
Sept. 4. Penn's letter to James Harrison.
Penn writes to James Harrison, then in England, that " he does not expect to depart as soon as he intended, for the people upon whose going both my resolutions and services on going depended, though they buy and mostly send servants to clear and sow a piece of land against they come, not one-
1 Memoirs of Penns. Hist. Soc. vol. i. part i. p. 204.
2 James Claypoole's Letter-Book.
e
p m m m th re a h
t
fifth they gore in to Fra for I d po
523
W. MARKHAM, DEPUTY .- CHARLES II.
nd fifth can now get rid of their concerns here till spring. When 1681. صم they go, I go, but my going with servants will not settle a el government, the great end of my going ; besides, many flock s' in to be concerned with me. I am like to have many from France, some from Holland, and hear some Scotch will go d for my country. I bless the Lord in obtaining it, and were I drawn inward to look to Him, and to owe to His hand and h power, to any other way, and I have so obtained it, and de- sire that I may not be unworthy of His love, but do that which answers His kind providence, and serve His truth and people, that an example may be set up to the nations ; there may be room there, but not here, for such an holy experi- ment. Now, dear James, for the 50 acres a servant to the Explanation master, and 50 to the servant; this is done for their sakes of his views with regard that cannot buy, for I must either be paid by purchase or to servants, rent, that those that cannot buy may take up, if a master of and those who cannot a family, 200 acres, at 1d. an acre ; afterwards, 50 acres per buy. head for every man and maid-servant, but still at the same rent, else none would buy or rent, and so I should make nothing of my country ; however, to encourage poor servants to go, and be laborious, I have abated the 1d. to ¿d. per acre, when they are out of their time. Now if any about thee will engage and buy, there may be ten, yea twenty, to one share, which will be but £5 a piece, for which they each will have 250 acres. For those that cannot pay their passage, let me Provision know their names, and number, and ages; they must pay for those who cannot double rent to them that help them over ; but this know, that pay their this rent is never to be raised, and they are to enjoy it for passage. ever. For the acres, it is the common statute acre, as by our law allowed. So, dear James, thou mayest let me know of thee, and how things incline. I shall persuade none; it is a good country ; with a good conscience it will do well. I am satisfied in it, and leave it with the Lord.
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