USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 55
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" My friend and brother, WILLIAM PENN.
" I here sign thee an authority to sell about thee to any that will.
" A ship goes with commissioners suddenly, in five weeks, A ship with to lay out the first and best land to the first adventurers. If commission- ers about to any deal, let me know; I clear the king's and Indian title ; sail for the purchaser pays the scrivener and surveyor. I sign the Pennsylva- nia. deeds at Thomas Rudyard's, when I know who and what."
He then adds the following power of attorney :
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681.
" Dear James Harrison-I do hereby nominate and appoin thee my lawful agent, in my name, and to my behoof, to bar. gain and sell (according to printed instructions) any parce. of land in Pennsylvania, not below 250 acres to any one person, from time to time, and I shall ratify by deed, under my hand and seal, all such sales. Witness my hand, this 25th of 6th month, 1681. WILLIAM PENN."1
Power to J. Harrison to sell land in Pennsylva- nia.
Sept. 7. First yearly meetings es- tablished.
The monthly meeting of Friends, which still met at Thomas Wolsten's house, and consisted of those about the falls, in West Jersey and Pennsylvania, and the particular meetings at Rancocas and Sachemaxen, who were now become nume- rous, as well as at Salem and Upland, concluding that a yearly meeting might be of service, agreed to establish one at Burlington, which was accordingly held 28th of August, at the house of Thomas Gardiner; one for worship was also to be held yearly at Salem. The yearly meeting from both sides of the river continued to be held at Burlington till 1684, when it was held at Burlington and Philadelphia alter- nately. This year also, George Fox sent from London, " a half-sheet of advice to all planters," directing their attention to the spiritual welfare of the Indians.2
Sept. 9. Letter from Governor Brockholls, on proposed invasion by Lord Balti- more.
It seems that the inhabitants at Jones's were apprehensive of some disturbance from Lord Baltimore, and that they wrote to Governor Brockholls on the subject. He replies to the justices, that " I am much surprised at your apprehension of my Lord Baltimore's innovating your parts by force, sig- nified to me by letter from Mr. Justice Whitwell and John Hilyard, which I believe he will in nowise attempt now, what- ever he hath done formerly, therefore can give no other direc- tions, than that you fully assert and maintain your authority and rights against any that shall oppose or annoy you, and if any demand or pretence is made, to take no notice thereof, but refer them hither, and in no case admit any change or alteration, or any pretended court or authority, without order from myself, who am resolved to keep your parts as settled under this, his royal highness's government, and to the utter- most preserve the rights and properties of the inhabitants from any innovation whatsoever."3
1 Copied from the original MSS. in possession of the Pemberton family, by William Carr, Esq., of Doylestown.
2 Smith's Pennsylvania, in Reg. Penns. vol. vi. p. 184. Proud, vol. i. p. 160.
$ Extracts from New York Records, in Land Office, Harrisburg. See Reg. Penns. vol. iii. p. 33.
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The duke orders, from Edinburgh, that the present com- hissions of peace and magistrates in New Castle, &c. expiring oon, continue till further orders, and, in case of death, they nay be supplied by the governor and council.1
1681.
A considerable number of Friends, in and about Dublin, September. reland, having purchased an interest in West Jersey, sent to Arrival of London to charter a pink; the master, Thomas Lurting, Irish Qua- kers. ' noted for his remarkable deliverance from the Turks," was aken sick at Dublin, and could not proceed ; his mate, John Daggerdish, took his place. They sailed the latter part of September, and in about eight weeks arrived at Elsinburg, ear Salem, where settled John and Andrew Thompson, and Robert Zane, former acquaintances of settlers there. Several emained with them that winter ; some afterwards went to Burlington, and got orders, and took up land called from them he " Irish tenth." Having made search, they fixed at New- Settle at own Creek ; next spring they built on their lots a small town, Creek. Newtown fot without doubts and fears of the Indians, which proved roundless. They settled a meeting, which was kept at the house of Mark Newby, there being no persons near save Wil- iam Cooper and his family, to which others were soon added. Notwithstanding the land had been purchased by the com- hissioners of the Indians, they gave them a compensation to nove off. The Indians treated them kindly. They suffered ut little, deriving supplies from Salem. In two years after- Meetings es vards, they built a meeting-house at Newtown, but before tablished. hat, Friends having increased, some by the river side, some on Cooper's Creek, and some at Woodbury Creek, they oined, and with permission from Burlington, set up a monthly meeting, and afterwards, in connection with Friends at Salem, quarterly meeting.2
The first entry in the records of Chester county court is is follows :
" Province of Pennsylvania, at the court at Upland, (Ches- ter,) September 13th, 1681. Justices present, Mr. William Clayton, Mr. William Warner, Mr. Robert Wade, Mr. Otto Ernest Cock, Mr. William Byles, Mr. Robert Lucas, Mr. Las- sey Cock, Mr. Swan Swanson, Mr. Andreas Bankson.
" Sheriff, Mr. John Test ; clerk, Mr. Thomas Revell.
" An action of assault and battery .- Peter Erickson,
1 N. Y. Records, in Breviat.
2 Smith's Hist. of Pennsylvania, in Reg. Penns. vol. vi. p. 184.
Extract from Chester county re- cords.
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681. se
plaintiff; Harmon Johnson and Margaret, his wife, the de- fendants.
"Jurors, Morgan Drewitt, William Woodmanson, William Hewes, James Browne, Henry Reynolds, Robert Scholey, Richard Pitman, Lassey Dalboe, John Akraman, Peter Ram- bo, jun., Henry Hastings, William Oxley.
" Witness, William Parke. The jury find for the plaintiff, and give him 6d. damages, and his costs of suit.
" An action of assault and battery .- Harmon Johnson and Margaret, his wife, the plaintiffs ; Peter Erickson, defendant.
"Jurors, the same as above. Witnesses, Anna Coleman, Richard Buffington, Ebenezer Taylor. The jury find for the plaintiffs, and give them 40s. damages, and their costs of suit.
" Thus it appears, that the two first actions tried in the peaceful land of Penn, were for assault and battery, and all the parties convicted !"
In the minutes of the same court is the following entry :
" Lassey Cock, upon proclamation in this court, that if any had any thing against him, they should declare it; where- upon, Daniel Brenson and Charles Brigham, upon oath, to- gether with Walter Pumphrey, upon his solemn attestation, declared what they heard certain Indians speak against him and Captain Edmund Cantwell; the said Lassey Cock, upon oath, declared his innocency, and that he had never spoken those words to the Indians, or any of that nature, was thereupon cleared by the court."1
October 4. Vessels for Pennsylva- nia.
" There is a ship going for Pennsylvania, from Bristol, and William Penn is gone thither to take his leave of the Friends ; and there is another ship going thither from London, and may be ready in a fortnight, but William Penn does not go till spring."2
Ship " New Adventure," Dagger, and " Henry and Ann," arrived this year.
Early loca- tions of lands about Camden, New Jersey.
The land in the neighbourhood of Camden "was located at three several times; the oldest appropriation was of the tract reaching from Little Newton Creek about to Line street in Fettersville. On the 4th and 5th of July, 1678, Byllinge and trustees granted this tract, being two-sevenths of a pro- priety, to Samuel Norris, who subsequently sold a portion to R. Turner, (1686,) and he, in 1696, sold 455 acres to John Kaighn, from whom Kaighn's Point derives its name. The
1 Reg. Penns. vol. v. pp. 156, 157.
2 Claypoole's Letter-Book.
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W. MARKHAM, DEPUTY .- CHARLES II.
second location, in respect to contiguity, was of the land lying between Cooper street and Cooper's Point. This was made in 1679, by William Cooper, who emigrated from Eng- land. He built a mansion, the remains of which were visible a few years since, on a high bank above Cooper's Point, called by him Pine Point, from a dense pine forest which then grew there. He also took up other considerable tracts of land in Gloucester county, most of which yet remain in the family. William Royden, by a third location, made Sept. 20, 1681, appropriated the land between Cooper street and Kaighn's line. Cooper, of Pine Point, next year bought out his inte- rest, and further secured himself by getting an Indian deed guarantying the possession of Pine Point and adjacencies, against all other Indians. This deed is signed by Tallaca, the resident chief, and witnessed by several of his tribe. For many years, the ferry-house and mansion at the point, the middle ferry, at the foot of Cooper street, and four or five ferrymen's houses, constituted the whole of Camden."1
Three commissioners were appointed, by Penn, for the October 10. settling of the colony. They were to proceed to Pennsyl- Penn sends vania, where they would find Markham, with whom they were to act, in accordance with the following instructions, in regard to the location of the city, and their treatment of the Indians.
" Instructions given by me, William Penn, proprietor and governor of Pennsylvania, to my trusty and loving friends, William Crispin, John Bezar, and Nathaniel Allen, my com- missioners for the settling of the present colony this year transported into the said province.
" Ist. That so soon as it shall please Almighty God to bring you well there, you take an especial care of the people that shall embark with you, that they may be accommodated with conveniences as to food, lodging, and safe places for their goods, concerning which my cousin, William Markham, my deputy, and now on the spot, will in a good measure be able to direct, that so none may be injured in their healths or estate, in which, if you find the Dutch, Swedes, or English of my side hard or griping, taking an advantage of your circumstances, give them to know that they will hurt them- selves thereby, for you can for a time be supplied on the other side, which may awe them to moderate prices.
1 Smith's Hist. of Pennsylvania, in Reg. Penns. vol. vi. p. 183. Mickle's Reminiscences of Gloucester, pp. 53, 54.
1681.
over three commission- ers.
Instructions to them.
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681.
Instructions to commis- sioners, continued.
" 2d. That having taken what care you can for the people's good, in the respects abovesaid, let the rivers and creeks be sounded on my side of Delaware River, especially Upland, in order to settle a great town, and be sure to make your choice where it is most navigable, high, dry, and healthy ; that is, where most ships may best ride, of deepest draught of water, if possible to load or unload at the bank or key side, without boating and lightering of it. It would do well if the river coming into that creek be navigable, at least for boats, up into the country, and that the situation be high, at least dry and sound, and not swampy, which is best known by digging up two or three earths, and seeing the bottom.
" 3d. Such a place being found out, for navigation, healthy situation, and good soil for provision, lay out ten thousand acres contiguous to it in the best manner you can, as the bounds and extent of the liberties of the said town.
"4th. The proportion in the said town is to be thus : every share, or five thousand acres, shall have an hundred acres of land out of that ten thousand acres. If more than one be concerned in the share, as it may easily fall out, then they to * agree of the dividing the same, as they shall think fit, still keeping to proportion, as if one hundred pounds will have an hundred acres, five pounds will have five acres.
" 5th. That no more land be surveyed or set out till this be first fixed, and the people upon it, which is best, both for comfort, safety, and traffic. In the next season, the Lord willing, I shall be with you, and then I shall proceed to larger lot ; this was the resolution of a great part of the purchasers, at London, the 15th day of September, 1681, and I find it generally approved.
" 6th. If it should happen that the most convenient place for this great town should be already taken up, in greater quantity of land than is consistent with the town-plot, and that land not already improved, you must use your utmost skill to persuade them to part with so much as will be neces- sary, that so necessary and good a design be not spoiled; that is, where they have ten acres by the water side, to abate five, and to take five more backward, and so. proportionably, be- cause that, by the settlement of this town, the remaining five, in two or three years' time, will be worth twice as much as those ten before, yea, what they take backward for their water-side land, will, in a little more time, be really more
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W. MARKHAM, DEPUTY .- CHARLES II.
valuable than all their ten forward was before; urging my regard to them if they will not break this great and good contrivance, and in my name promise them what gratuity or privilege you think fit, as having a new grant at their old Instructions rent; nay, half their quit rent abated, yea, make them as to commis- sioners, free as purchasers, rather than disappoint my mind in this continued. township ; though herein be as sparing as ever you can, and urge the weak bottom of their grant, the Duke of York hav- ing never had a grant from the king, &c. Be impartially just and courteous to all, that is both pleasing to the Lord, and wise in itself.
" 7th. If you gain your point in this respect, (of which be very careful,) fall to dividing as before, according to shares ; then subdivide, in which observe that you must narrower spread by the water side, and run backward more or less, according to the compass you have by the water side, to bring in the hundred share for their proportion in the said ten thousand acres.
"8th. But if you cannot find land enough by the water side to allow an hundred acres to five thousand acres, get what you can, and proportionably divide it, though it were but fifty acres for a share.
" 9th. Be tender of offending the Indians, and hearken, by honest spies, if you can hear that any body inveigles the Indians not to sell, or to stand off and raise the value upon you. You cannot want those that will inform you, but to soften them to me and the people, let them know that you are come to sit down lovingly among them. Let my letter, and conditions with my purchasers about just dealing with them, be read in their tongue, that they may see we have their good in our eye, equal with our own interest, and after reading my letter and the said conditions, then present their kings with what I send them, and make a friendship and league with them, according to those conditions, which care- fully observe, and get them to comply with you. Be grave ; they love not to be smiled on.
" 10th. From time to time, in my name, and for my use, buy land of them, where any justly pretend, for they will sell one another's, if you be not careful, that so such as buy and come after these adventurers may have land ready, but by no means sell any land till I come; allow no old patents, 67 2 Y
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681. they have forfeited them by not planting according to the law of the place, and it cost me too dear to allow such old stories : rather than fail, offer them the patent charge, and where sur- Instructions veyed, the survey money ; but this is understood only of un- planted places only.
to commis- sioners, continued.
" 11th. Let no islands be disposed of to anybody, but all things remain as they were in that respect till I come.
" 12th. Be sure to settle the figure of the town so as that the streets hereafter may be uniform down to the water from the country bounds; let the place for the storehouse be on the middle of the key, which will yet serve for market and statehouses too. This may be ordered when I come, only let the houses built be in a line, or upon a line, as much as may be.
" 13th. Pitch upon the very middle of the plat where the town or line of houses is to be laid or run, facing the harbour and great river, for the situation of my house, and let it be not the tenth part of the town, as the conditions say, viz. that out of every hundred thousand acres shall be reserved to me ten, but I shall be contented with less than a thirtieth part, to wit, three hundred acres, whereas several will have two by purchasing two shares, that is, ten thousand acres, and it may be fitting for me to exceed a little.
"14th. The distance of each house from the creek or harbour should be, in my judgment, a measured quarter of a mile, at least two hundred paces, because of building here- after streets downwards to the harbour.
"15th. Let every house be placed, if the person pleases, in the middle of its plat, as to the breadth way of it, that so there may be ground on each side for gardens or orchards, or fields, that it may be a green country town, which will never be burnt, and always be wholesome.
" 16th. I judge that you must be guided in your breadth of land by what you can get that is unplanted, and will not be parted with, but so far as I can guess at this distance, methinks in a city, each share to have fifty poles upon the front to the river, and the rest backward will be sufficient. But perhaps you may have more, and perhaps you will not have so much space to allow; herein follow your land and situation, being always just to proportion.
" 17th. Lastly-Be sure to keep the conditions hereunto
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W. MARKHAM, DEPUTY .- CHARLES II.
affixed, and see that no vice or evil conversation go uncom- plained of or punished in any, that God be not provoked to wrath against the country.
1681.
" In witness hereof, I do hereunto, the 30th of September, 1681, set to my hand and seal.
" WILLIAM PENN.
" Present as witnesses, Richard Vickry, Charles Jones, jr., Ralph Withers, Thomas Callohill, Philip Th. Lehnmann."1*
The court of assizes at New York pass an order "against October 16. persons exhibiting and preferring divers causeless and vexa- Vexatious tious accusations and indictments into the courts within this government, against magistrates and others concerned in the against ma- public affairs of the government, thereby causing great trou- gistrates. ble and disturbance."2
Mr. Levin makes a long report. When he arrived, Andross Abstract of was at Boston ; on his return, he received various books im- Mr. Levin's report. mediately, some altered; some between 1674 and 1676 did not appear long out of the clerk's hands. He got all he could, but charged governor and clerks with holding some. The same with the land books; most patents of former go- vernors don't give acres ; very imperfect ; taxed at uncertain rates ; imperfect accounts, &c. "No weigh-house in all the government, except at New York." Proposes farming duty. There have been several collections in Delaware, at 1d. per £, and applied to the counties, yet it is in debt ; could not get books of prices ; difficult to discover the frauds, &c. used by the merchants, &c. &c. No account of whales kept ; " your royal highness has only a share of what is stranded." No certain account of vessels. Governor was pleased to tell him he had now power to inspect the revenues; could find how it was possible to spend the whole revenue in the fort. Nothing about South River, &c.
The governor, in his reply, feels much vexed with his con- Governor duct. Vindicates his officers and himself, and charges Mr. replies. Levin with misrepresentation, &c.3
The Indians presented a petition to Governor Markham, October 18. for the removal of a prohibition respecting the sale of rum to them, for the reasons they assign in the following document :
1 Memoirs of Penns. Hist. Soc. vol. ii. p. i. pp. 215-221.
2 New Castle Records, p. 352.
3 See both at length in " London Documents," at Albany, vol. iv.
* See Appendix.
charges pro- hibited
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1681.
October 28.
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
" Whereas the selling of strong liquors was prohibited in Pennsylvania, and not at New Castle, we find it a greater ill-convenience than before, our Indians going down to New Castle, and there buying rum, and making them [1 ] more debauched than before, (in spite of the prohibition.)
" Therefore we, whose names are hereunder written, do desire that the prohibition may be taken off, and rum and strong liquors may be sold (in the foresaid province) as for- merly, until it be prohibited in New Castle, and in that go- vernment of Delaware.
" Pesienk, in Pennsylvania, 8th October, 1681.
" NANNE SEKA, his mark.
" KEKA KAPPAN, his mark.
" JONG GORAS, his mark.
" ESPON APE, his mark.
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" To the governor and council of Pennsylvania."2
By the commissioners, Penn writes a letter to the Indians, the original of which was read, a few years ago, to the Penn Society of this city. The following is a copy of it. It was written on paper, with ruled lines, and in a more formal hand than usual.
" London, 18th of 8th month, 1681.
" My friends-There is one great God and power that hath made the world and all things therein, to whom you and I, and all people owe their being and well-being, and to whom you and I must one day give an account for all that we do in the world ; this great God hath written his law in our hearts, by which we are taught and commanded to love and help, and
Penn's let- ter to the Indians.
1 Here a word illegible.
2 Memoirs of Penns. Hist. Soc. vol. iii. part ii. pp. 206, 207.
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Petition of Indians to governor for sale of rum.
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W. MARKHAM, DEPUTY .- CHARLES II.
do good to one another, and not to do harm and mischief one 1681. to another. Now this great God hath been pleased to make me concerned in your parts of the world, and the king of the country where I live hath given unto me a great province, but I desire to enjoy it with your love and consent, that we may always live together as neighbours and friends, else what would the great God say to us, who hath made us not to de- vour and destroy one another, but live soberly and kindly together in the world ? Now I would have you well observe, that I am very sensible of the unkindness and injustice that hath been too much exercised towards you by the people of these parts of the world, who sought themselves, and to make great advantages by you, rather than be examples of justice and goodness unto you, which I hear hath been matter of trouble to you, and caused great grudgings and animosities, - sometimes to the shedding of blood, which hath made the great God angry ; but I am not such a man, as is well known in my own country ; I have great love and regard towards you, and I desire to win and gain your love and friendship, by a kind, just, and peaceable life, and the people I send are of the same mind, and shall in all things behave themselves accordingly ; and if in any thing any shall offend you or your people, you shall have a full and speedy satisfaction for the same, by an equal number of just men on both sides, that by no means you may have just occasion of being offended against them. I shall shortly come to you myself, at what time we may more largely and freely confer and discourse of these matters. In the mean time, I have sent my commis- sioners to treat with you about land, and a firm league of peace. Let me desire you to be kind to them and the people, and receive these presents and tokens which I have sent to you, as a testimony of my good will to you, and my resolution to live justly, peaceably, and friendly with you.
"I am your loving friend, WILLIAM PENN."1
A vacant piece of ground, "towards north-east end of November 1. town," to De La Grange, for the purpose of building on it a Windmill at good windmill, for the common good of the inhabitants ; toll New Castle. not to be more than one-tenth, and to drain the marsh.2
" A ship is going for Pennsylvania ; the passengers go
1 Reg. Penns. vol. i. p. 376.
2 New Castle Records, p. 357.
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1681. away to-morrow, and in the spring William Penn intends to be there himself."1
The intercourse already formed between England and this November 7. country may be judged of by the following extract of a let- ter from the writer to his brother in Burlington :
Regular in- tercourse with America.
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