USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 56
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" Ships come pretty often from New York, New Jersey, or Maryland, by one of which ways, I believe, thou mayest send almost every month in the summer."2
As an evidence that great prudence and deliberation were observed prior to removal to the country, another extract from the same letter is given :
Anxiety to obtain cor- rect accounts of the coun- try.
" I desire thee to write at large what encouragement there is to remove from hence with a family, to dwell in those parts, and what commodities is most profitable to carry with one ; and in what time a man may, if he arrive there in the seventh month, with the help of three or four servants, clear ground enough to afford corn and feed cattle for a family of fifteen or twenty. What safety or hazard may be expected from the Indians. In what time, and with what charge, a house, with ten or twelve rooms, and barn and stables, &c., may be built. In what time an orchard will bear. What sorts of trade is now amongst them, and what like to be, as the people in- crease ; but especially give me advice of merchandise ; what quantities and what sorts are most saleable, and what returns may be expected ; and whether New Jersey or Pennsylvania be most advisable to settle in. I desire the more particular and large account, because I have purchased of William Penn 5000 acres in his country, and I know not how I may be dis- posed in my own mind, in a year or two's time, to remove thither with my family; however, in the mean time, I pur- pose to send over my attorney, with some servants, to build and plant, &c., and to provide cattle and all other necessaries, that if ever I come there, my land may be still improving, or some part of it, and not lie wholly waste; and if I should send over one of my sons as overseer, and some servants, what sort of servants may be most profitable; and any thing else thou canst think of, may be for direction, and how the coun- try is as to heat and cold, how long winter and summer ; what fruits grow, with plenty of all things; and what inconve- niences there is which we know not here, as hazards by wild beasts, snakes, serpents, or flies for biting or poisoning, that
1 Claypoole.
2 Ibid.
535
1681. -
W. MARKHAM, DEPUTY .- CHARLES II.
we know beforehand what may be expected of good or bad. So not doubting but thee will be both able and willing to give me a satisfactory account of these particulars, and much more than I can mention, &c. &c."1
The justices of New Castle inform the lieutenant-governor Nov. 21. at New York, that, " at a late court, a servant was proceeded Escape of a against at court, and a warrant issued, but the man made his escape from the under-sheriff, and keeps at present in Penn- sylvania and Burlington, and desire his instructions for our rule on this and like occasions." The proclamation brought by John Moll is published. The governor, a few days after, replies, " you did well to prosecute, but your officers were not so careful as they ought on service of a warrant, his offence being great." The governor wrote to governor of Pennsyl- vania to make inquiry about him, " and if he have absconded in that government, to deliver him to you ; if submissive, bind him over to next court; if stubborn, send him on to New York."2
prisoner from sheriff, into Penn- sylvania. Governor's opinion of it. His demand of him of go. vernor of Pennsylva- nia.
" Thomas Rudyard is agreeing, at London, with a great December 5. ship for Pennsylvania, and I hear there is another going from Vessels for Bristol, and in the beginning of summer, it is expected there Pennsylva- nia. will go three or four ships more from London."3
The first acts of the assembly of West New Jersey were December 8. passed at Burlington, November 28.4
" William Penn is extraordinary busy about his new coun- December 9. try, and purchasers present daily."5
Penn very busy.
The second court was held at Upland, November 30; pre- sent, William Markham, Esq., governor and president, (being Dee. 10. the first time he is mentioned as present ;) Justices James Court at Up- Sanderland, Thomas Fairman, Hendricks Bankson, and those land. Mark- ham present. who were present on the 13th September; sheriff and clerk as before. First case is for a debt for 160 guilders.6 The next is for stealing a hog. The evidence is recorded at length, (as is frequently the case in the early minutes, and sometimes such as would not appear well in print,) as follows, and shows the nature of testimony sometimes admitted.
" John Anderson, bound by recognisance to appear at this Proceedings court, to answer our sovereign lord the king, upon the accu- of court. sation of Richard Noble, Peter Rambo, jun., and Lawrence Lawrenson, who were bound over to prosecution. This court
1 Claypoole. 2 New Castle Records, p. 91. 3 Claypoole.
4 Leaming & S. p. 426. 5 Claypoole. 6 West Chester Records.
536
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1681. proceeded upon indictment, to which the prisoner pleaded not guilty, and put himself upon the trial, &c. of this jury.
Proceedings of court, continued.
"Jurors, George Foreman, gent., John Child, Nathaniel Allen, Nathaniel Evans, William Oxley, John Akraman, Al- bert Hendrickson, Mons Peterson, Wooley Rawson, John Cock, Erick Cock, Peter Yoakham.
" Richard Noble deposed that he, with several others, found divers pieces of burnt pork or bacon in the said Anderson's house ; and also that he, the said Richard Noble, with others, found hidden and unfrequented places in an out-house be- longing to the said John Anderson, where (as an Indian had before then informed them) the said Anderson used to hide pork; and further deposed, that the said Anderson gave out threatening words against the officers and others who came to search.
" Peter Rambo, jun. and Lawrence Lawrenson deposed the same as above. Judith Noble deposed, that the said Ander- son gave out threatening words against the officers and others who came to search.
"Francis Walker deposed, that a person who bought a piece of pork of the said Anderson, told him, the said Walker, that the said pork had a bullet in it.
"Frances Stephens deposed, that the said Anderson being asked concerning a hog's head, (he the said Anderson having then a headless hog,) where the head then was, he the said Anderson answered, he had left the head down the river, and the said Anderson's boy said no, the hog's head is upon the mill at home.
" John Hollinshead gave in his evidence before Thos. Budd, a magistrate at Burlington, which was also produced, under the hand of the said Thomas Budd, being of the same import with the deposition of the aforesaid Francis Stephens.
" Thomas Wallis gave in his evidence before the said Thomas Budd, and testified under the hand of the said Tho- mas Budd, of the same import with the aforesaid Judith Noble's testimony.
" Another examination, of notorious circumstances, of a stranger who lay at the said Anderson's, taken by Mahlon Stacy, a magistrate at the falls, and signified under his hand.
" Verdict .- The jury bring in the prisoner not guilty, and thereupon, by order of court, is discharged."1
1 Reg. Penns. vol. v. p. 157.
1
B fi
I cha aco pa af cl
537 1681.
W. MARKHAM, DEPUTY .- CHARLES II.
The court of assizes, New York, try John Moll on various charges ; the jury find him guilty of several, but the court acquit him, against which Abraham Mann protests, "in a paper sent to the court by his servant."1
By an act of West Jersey, " vessels bound to this province, Dec. 16. after a certain day in November, are obliged to enter and Burlington clear at the port of Burlington." It was also made the a port of en- West Jersey. try and " chief town, and head of the province," and next year Salem capital of was also made a port of entry. John White, collector of Burlington."2
It is stated by historians, that three ships sailed this year Dec. 21. from London, and one from Bristol, for Pennsylvania. The Arrival of " John and Sarah," which vessel has already been mentioned,
the Bristol Factor, with is said to have arrived first. The "Amity," Richard Dimon, passengers. Delaware freezes in is said to have been blown off the coast, to the West Indies, and not to have arrived till spring. This must, we think, be one night. an error, as we have positive proof that she did not leave England till April of next year, (which see.) The third was the " Bristol Factor," Roger Drew, commander; she arrived at the place where Chester now stands, on December 11th, where the passengers, seeing some houses, went ashore, at
Robert Wade's landing, near the lower side of Chester Creek, and the river having frozen up that night, the passengers re- mained at Chester all winter. There were several persons on board these ships who became distinguished in the province ; among these was Joseph Kirkbride, then a boy, and some servants of Penn. It is highly probable, too, that Penn's commissioners arrived in one of these vessels, but certainly Markham did not, as has already been shown, as he must then have been in the country some months.3
It appears that some letters from New Jersey had spoken Dec. 29. so favourably of the country as to induce a suspicion of an Letters from evil design. A letter says, " as to thy judgment of the let- New Jersey suspected. ters from New Jersey, that they are to decoy people, that is known to be otherwise, and that the chiefest of them came from very honest, faithful friends."4
1 New Castle Records.
2 Leaming & Spicer, pp. 432, 447.
3 Proud, vol. i. p. 193.
4 Claypoole.
68
1 not
e
.
ind n's e- ad de It
niel Al- ohn
538
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
January 10.
The first meeting of record was held at the house of Ro- bert Wade, in Upland or Chester, on the 10th of eleventh month, 1681, the Quakers having had meetings for worship there regularly since 1675, when Wade arrived.1
In answer to some inquiries respecting Penn's views on ! January 29. certain points relating to the sale of lands, made by James Harrison, who, it will be recollected, was empowered to make sales in England, of lands in Pennsylvania, Penn writes, " The acres are statute measure ; the highways are allowed for, according to the custom of plantations. As to that of Penn's direc- not setting out people's land but as stocked or improved, it is tions about lands. a mistake ; in three years they should own, or set somebody on it, not have it by scraps, and as improved, by no means ; though if it were not as a planter, but lie long unplanted, it would damage neighbouring plantations, as to harbouring of vermin and wild beasts; but there is a difference between planting and improving; as for choosing, I can say but little till then, but some is worth more and some less, and if any buy on sight, they must go by the worth, not by the present price, else 5000 acres may, as they may lie, be worth £500, yet I take the meadows to myself; the land is taken up as amongst the first or second adventurers, and then divided amongst them, by date or lot, as they agree. The Cheshire Friends can inform thee more particularly."2
Governor Brockholls, of New York, directs E. Herman February 5. "to collect and receive the quit-rents and arrears due on Brockholls writes to Governor Delaware River as formerly, as well as what was in arrear in that part of the river now called Pennsylvania." He also Markham of wrote to Governor Markham, "acquainting him what autho- rity he had continued to Herman, as collector, and being informed that several persons under your government are in arrears, do desire your favour and assistance to said collector, assuring you I shall be ready, on all occasions, to serve you."
Herman's appoint- ment as col- lector, and asks gover- nor to aid him.
He also says to Herman, "as to the desire of the magis- trates to join to lay out the twelve miles circle above New Castle, it is not within their cognisance, but if necessary and twelve miles desired here, shall appoint as may be most proper."3
The following extract from a letter, (dated 12th month 11th,
Magistrates propose to lay out the
circle.
1 Proud, vol. i. p. 218.
3 Breviat.
2 Pemberton MSS.
is ab sh
168 Bn
539
W. MARKHAM, DEPUTY .- CHARLES II.
1681,) shows the mode of proceeding in taking up land in 1682. England :
" The method of Friends taking up land of William Penn, is by deeds of conveyance, for which the purchaser pays February 21. about 12s. If it be for 5000 acres, which is called a whole Manner of share or propriety, for that we pay £100, and 50s. per annum ing Pennsyl- proceeding in England vania lands, and the terms ex- plained. quit-rent, to begin in 1683 or 1684, I cannot tell which ; in purchas- they that will pay no rent, must pay £120 present, and so for a lesser quantity proportionable ; and he that can settle some few families, I think about six, may have his land alto- gether ; and every purchaser of 5000 acres is to have 100 acres by lot in the first city. The concessions or fundamentals The "frame" for government are to be perfected this day, and then to be of govern- ment in pro- engrossed, and signed and sealed by the governor and pur- gress. chasers, which, if it may be permitted, I shall send you a First notice copy of, and then may write you more at large, if you intend of a Penn- sylvania company. to be concerned, as also about our Pennsylvania Company."1
The " fundamentals for government" here referred to, pro- bably alludes to the "frame," which, however, was not com- pleted and signed till April 25th, (which see.)
The first notice we have seen of "a company," is in the above extract, and no doubt refers to the " Free Society of Traders," respecting the progress of which we shall make further extracts. It was probably only talked of at this time.
The foregoing extract also probably explains why, in seve- Why town ral towns, as we have noticed in the instances of Marcus Hook, plots are laid off to six Chester, Shackamaxon, the original plot was laid off in a persons. body to six persons.
" Fenwick conveyed the moiety of his proprietary, which March 11. he originally purchased from John, Lord Berkley, to Governor Fenwick con- Penn, of Pennsylvania, excepting and reserving therefrom, veys land to Wm. Penn. to himself, his heirs and assigns, for ever, all that tract of country which was called Fenwick's Colony, containing, as was supposed, 150,000 acres."2 Fenwick designed to erect several towns.
Salem was this year made a port of entry. " After the Salem made 18th of May, vessels bound for Salem have liberty to enter a port of en- try. and clear there, paying 1s. for entering, and 1s. for clearing, for all vessels under 100 tons, and 2s. for vessels upwards of
1 Claypoole's Letter-Book.
2 Johnson, p. 26.
Ro- enth ship
3 on mes ake es, ed of is y
t
540
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
100 tons. James Nevill is appointed collector." Heretofore Burlington had been the only port of entry.1
Third court at Upland; Markham again present. "A case
March 14.
Court at Upland. Overseers of roads ap- pointed.
of trover for a sow." Overseers of highways were appointed for one year, for the several districts, viz. Wooley Rawson, from Marcus Creek to Naaman's Creek ; Robert Wade, from Naaman's Creek to Upland Creek; William Oxly, from Up- land Creek to Ammersland's Creek ; Mons Staukett, from Ammersland's Creek to Karkus Mill; Peter Yokeham, from Karkus Mill to Schorekill Falls; Andreas Rambo, from WO, Schorekill Falls to Tawcony Creek; Erick Mullikey, from Enc Tawcony Creek to Poquessink Creek; Claus Johnson, from Poquessink Creek to Samuel Cliff's; and John Akraman, from Samuel Cliff's to Gilbert Wheeler's.2 ive
Grants of land by Penn, in England.
There are various deeds from William Penn, in England, about this time, on record at West Chester, in parcels of 500 acres, " to be admeasured and computed according to the dimensions of acres mentioned and appointed in and by the statute of 33d of King Edward, to be allotted and set in such places or parts in said province, and in such manner and at such time or times as by certain concessions or constitutions, bearing date the 11th of July last, and signed, sealed and executed by and between said William Penn, on the one part, and said B. C. on the other, of lands within said province, of the other part, &c."3
March 17.
Penn desires grape-vines.
At William Penn's request, Claypoole writes to his friend in France, and says " he wishes to get about 1500 to 2000 vine plants, to carry with him to Pennsylvania, a colony in the West Indies, near Maryland, which the king has given him, lying in 41°, 42º, 43º, north latitude, whither he intends, God willing, with his family and servants, and many people, [to go] this summer. He desires of those that bear the best grapes, rather than the most. There are now several vessels at Bordeaux, which will take them."4
March 21.
" As to settling a company in Pennsylvania, we have had many meetings, and debated about it, and brought matters now so to bear as we think will give general content. The proposals or articles are transcribing, and next week we shall come to a conclusion to desist or send copies abroad."5
Progress of the Penn- sylvania Company.
1 Law in Leaming & Spicer, sec. 8, p. 446.
2 Upland Records, at West Chester.
3 Ibid.
4 Claypoole's Letter-Book.
5 Ibid.
se
S 0
Ha Ist, s kad di Luat ca ing t Ferra gard Go to chin
541
ing to Penn- sylvania, plans laid. Doubts and
deeds for land.
W. MARKHAM, DEPUTY .- CHARLES II.
Having previously purchased land, the same writer, on the 1682. 1st, says, " As to planting my land in Pennsylvania, I have - ad divers considerations on my mind, which way to proceed, ut cannot come to any conclusion. Sometimes I am think- Considera- tions sug- gested in ng to send one of my sons as an overseer, with two or three ervants, to build a little house, and plant an orchard and view of go- garden, and get some cattle, and ground cleared for corn, and o to go on raising corn and cattle ; and at other times I am and various hinking to send some honest, poor friend, with a servant or wo, to act for me as my attorney, that if I should have an fears. nclination hereafter to go thither with my family, I may ave a house and some provisions ready. I conclude on either yet, because of some objections which I cannot get ver, and the settling the company, wherein there may some ncouragement be offered for my going there myself ; and one grand objection is, that I may not possibly like the house nor ituation, and so not care to dwell in it. We have concluded Pennsylva- ur business and all things relating to the company ; we shall nia Com- pany. end copies thereof to divers parts."
And a few days later, he says, " The articles for the Penn- ylvania Company are printing. I cannot tell what to write Penn's rou about the deeds for land, but yours will be like mine and thers, which are approved by men skilled in the law; and us to improving of land there, I can say little at present, but lo find myself more inclined to go, so that I believe it will be my lot to remove with my family before a year be passed."
On the 22d and 23d March, William Penn granted to N. April 1 & 2. Moore and others, deeds of lease and release for a large body of land, and by the following charter, dated March 25th, April 4. erects it into a manor, and incorporates them into a company, with most extraordinary powers and privileges, by the name of the Free Society of Traders. This is the Pennsylvania company heretofore alluded to.
" To all people to whom these presents shall come :
April 3.
the Free So- ciety of Traders.
" Whereas King Charles the Second, by his letters-patent Charter of under the great seal of England, for the consideration therein mentioned, hath been graciously pleased to give and grant unto me, William Penn, (by the name of William Penn, Esq., son and heir of Sir William Penn, deceased,) and to my heirs Preamble. and assigns for ever, a certain province in America, by the name of Pennsylvania, and hath thereby also given me power, and to my heirs, to grant or alien any part or parcel of the
2 Z
for
m p- m m m n n
as ted
542
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
Lease and release of 20,000 acres.
1682. said province, to any person or persons, in fee-simple, or for Il any other estate, to be holden of me and my heirs, by such rents, customs, and services as shall seem fit unto me the saic William Penn, and my heirs, with a clause of non obstante tc the statute Quia Emptores Terrarum, made in the eighteenth year of the reign of King Edward the First; and also erect to C 8 בס C into manors any such parcels of land as I and my heirs shall have granted or aliened as aforesaid, and to enable such grantees or alienees, and their heirs, to have and to hold courts-baron, courts-leet, and view of frank-pledge, within the same, and to give and grant to any other person or per- sons, any part or parcel of the lands granted or aliened to them by me or my heirs, to be holden of them and their heirs. And whereas I have, by my several indentures of lease, bearing date the two and twentieth, and of release, bearing date the three and twentieth day of the first month, called March, in the four and thirtieth year of the said now king's reign, granted unto Nicholas Moore, of London, medi- cal doctor, James Claypoole, merchant, Philip Ford, William Sherloe, of London, merchants, Edward Peirce, of London, leather-seller, John Symcock, and Thomas Brassey, of Cheshire, yeoman, Thomas Baker, of London, wine-cooper, and Edward Brookes, of London, grocer, and their heirs, to the use of themselves, and their heirs and assigns, twenty thousand acres of land, parcel of the said province of Penn- sylvania, in trust nevertheless, for the 'Free Society of Traders,' in Pennsylvania, and their successors, as soon as the said Free Society should be by me incorporated or erected, as in and by the said indentures, (relation being thereunto had,) more fully doth appear.
The land erected into a manor.
"Now know all men by these presents, that I, the said William Penn, according to the power given by the said let- ters-patent, do erect the said twenty thousand acres into a manor, and do constitute, make, and confirm the same to be henceforth a manor, by the name of the Manor of Frank, to all intents and purposes; and I do hereby authorize, give power, and grant to the said Nicholas Moore, James Clay- poole, Philip Ford, William Sherloe, Edward Peirce, John Symcock, Thomas Brassey, Thomas Barker, and Edward Brookes, and to such other persons as they shall hereafter receive into their society, by the name of ' The Free Society of Traders,' in Pennsylvania, and to their successors, whom
all to na
W. MARKHAM, DEPUTY .- CHARLES II.
I hereby erect and constitute a corporation by that name, to all intents and purposes, for the better improvement of trade, to sue and be sued, and to answer and be answered by that name, and by that name to give and grant to any person or The mem- persons, such part or parcel of the said Manor of Frank as to them shall seem meet, to be holden of them and their suc- cessors, in free and common soccage, by such rents, customs, and services, as to them and their successors shall seem meet, so as the same be consistent with the said tenure in free and common soccage. And also, that the said Free Society of Traders, in Pennsylvania, and their successors, shall and may, from time to time, and at all times hereafter, receive, take, and enjoy, all such rents, customs, and services reserved as aforesaid, together with all other services incident to the said tenure, and all the fruits and consequents thereupon, to their own use and behoof.
" And I do also, according to the said powers given by the Powers and said letters-patent, grant unto the said Free Society of Trad- privileges. ers, in Pennsylvania, and their successors, that they, by them- selves, or by the justices and keeps of the peace hereinafter mentioned, may from henceforth hold two sessions and jail Hold two courts yearly. deliveries yearly, at such convenient times as they shall think best, who may hear and determine all pleas and controversies, as well civil as criminal, which shall arise within the said Manor of Frank and corporation aforesaid, wherein no other justices or other officers of the said province shall intermeddle, and that they, by themselves, or by their stewards, may for ever hold a court-baron within the said manor, and may do tices. and execute all such matters and things as are belonging and incident unto, are used and accustomed to be done in a court- baron. And I do likewise grant unto the said Free Society of Traders, and their successors, that they, by themselves, or by their stewards, may for ever hold a court-leet, and view of frank-pledge, for all the inhabitants and residents in and upon the said Manor of Frank, and may do, perform, and pledge. execute all such matters and things as are belonging or inci- dent unto, or are used and accustomed to be done in a court- baron, court-leet, and view of frank-pledge. And I do hereby grant that the said Free Society of Traders, and their succes- sors, may have, receive, and enjoy all profits and perquisites of courts, and all other franchises, liberties, jurisdictions, royalties, privileges, and immunities whatsoever to the said
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