USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 58
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554
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. - all to reside in London, to advise about sales and purchases ; he to give every factor his commission how to proceed, and the agent to be directed by the committee in Pennsylvania.
All the officers to bring to the society's warehouse all pel- tries they buy of the Indians with their own goods, which shall be entered and sent over with the society's goods, and shall have what return they will for the same, allowing freight, factorage, &c .; this for the special benefit of the owners, as well as the society.
Various other officers ; surveyor, surgeon, clerks, overseers, messengers, porters, butchers, watermen, carmen, &c., distri- buted among the offices of the treasurer, secretary, surveyor, and miner, whose duties are particularly defined.
Philip Ford, in London, is authorized to receive sub- scriptions.1
April 11. Further pro- gress of the Pennsylva- nia com- pany.
" Our book of articles for the Pennsylvania Company or Society is printed; I did intend to send one, but Thomas Holme told me he intends two to Dublin. I hope we shall get subscriptions, so as to encourage the settling of a com- pany for trade there. Here are many who have signified their good liking to it, and will be concerned, and we have advice from friends of three divers counties in England, that will join with us. Our book will be ready for subscribers to begin next week. I do intend to be concerned 100 at least."
Time and terms of sub- scription. Wm. Penn expected in town.
On the 14th, he sends articles of the company. " Vote and subscriptions to be confirmed against 29th proximo, by depositing 5 per cent., and the three general officers, trea- surer, and committee, as per 5th article ; some privately talked of. William Penn is expected in town by next post."
" For land which William Penn sells in Pennsylvania, he gives every one their deeds, when they pay their money, (which was made hard,) by Thomas Rudyard, all of one form."2
April 21. Early Friends' meeting at Shackamax- on.
" It was mutually agreed, (at a Friends' meeting in Abing- don,) that a meeting be at William Cooper's at Pyne Point, New Jersey, the second First-day of third month next, and the next meeting be at Thomas Fairman's, at Shackamaxon, and so in course."3
" As to my sending servants this year to Pennsylvania, I can come to no results in my mind till two or three months
April 25.
1 See Reg. Penns. vol. i. p. 394, for the entire constitution. 2 Claypoole.
3 Minutes of Friends' Meeting at Abingdon, quoted by Watson, vol. i. p. 140.
ar CO to to
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W. MARKHAM, DEPUTY .- CHARLES II.
tre over, that we see what subscriptions there will be for the company, and who will be chosen officers. My son John is o embark next week for Pennsylvania, with Thomas Holme, o assist him in surveying the country." On the 28th, he T. Holme says, "I am much inclined to go with my family to settle, but I think it will hardly be till 1683."1
1682.
going to Pennsylva- nia.
Captain Thomas Holme receives a commission from Wil- April 28. iam Penn, dated April 18th, as surveyor-general of Penn- sylvania.2 It is as follows :
" To all whom this may come, and more especially, to all Commission such as are, or may be concerned as adventurers, purchasers, Holme, as planters, and inhabitants, in the province of Pennsylvania, of Thomas in America.
surveyor- general of Pennsylva-
" Whereas, King Charles the Second, by his letters-patent nia. under the great seal of England, for the considerations therein mentioned, hath given, granted, and confirmed unto me, Wil- liam Penn, (by the name of William Penn, esquire, son and heir of Sir William Penn, deceased,) the absolute proprietary of the said province of Pennsylvania, with ample jurisdictions and powers necessary for the well-being, ordering, and go- vernment thereof, as by the said letters-patent do appear.
"Now know ye, that I, the said William Penn, reposing special confidence in the integrity and ability of my loving friend, Captain Thomas Holme, of the city of Waterford, in the kingdom of Ireland, do by these presents elect, empower, and establish him, the said Thomas Holme, in the office, trust, and employment of surveyor-general of the said province of Pennsylvania, for and during his natural life, he behaving himself honestly and faithfully in the said office, trust, and employment, hereby giving and granting unto the said Thomas Holme, full power and authority to enter into, survey, and admeasure, or cause to be entered into, surveycd, and ad- measured, (with all reasonable expedition,) all the said pro- vince of Pennsylvania, and all and every parts, islands, and territories thereof, which, by the said letters-patent, do or may of right belong and appertain unto me, my heirs and assigns. And to the end I, the said William Penn, as abso- lute proprietary of the said province, by letters-patent afore- said, may have and obtain a true and certain knowledge of the exact quantities of every distinct and individual part and
1 Claypoole.
2 Harrisburg Records.
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ases ; and ia. pel- hich and ring the ers, tri- or, ab. or as 1
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
T. Holme's commission, continued.
parcel of land in the said province, that already is, or here- after may be granted and disposed of by me, my heirs and assigns, unto any person or persons whatsoever, and to whom, ho and for what use or purpose soever, the said Thomas Holme, as surveyor-general, is hereby empowered, from time to time, Fol. to cause all persons employed in the survey and admeasure- ment of any part or parcel of land in the said province, to. return a true duplicate of all their original fieldworks, and ler the protractions and quantities of their operations, unto his tab said office, there to be examined and tried; and what there ser shall be approved of, the same, and no other, to be fairly wi entered in the said office, and there to remain upon record as a standing rule, conclusive and binding to me, my heirs and ca assigns, as absolute proprietary, and also to all the adven- F turers, purchasers, planters, and inhabitants concerned in the T 0 said province, in relation to the respective quantities, meets, and bounds of their lands, lots, and holdings. And if any person or persons whatsoever, that now are, or hereafter may be concerned in the said province, shall there survey and ad- measure, or cause to be surveyed and admeasured, any part or parcel of land, in order to be taken up and planted, with- out orders and directions from the said Thomas Holme, that all such surveys and admeasurements shall, by me, my heirs and assigns, be held and deemed invalid, and no ways hinder the due disposal thereof. And the said Thomas Holme is to observe such orders and directions about the method of pro- ceeding in the survey and admeasurement of the lands in the said province, and also of the allotments and distribution thereof, as he shall, from time to time, receive from me, my heirs or assigns, and according to such concessions as are or may be agreed upon between me and the persons concerned in the said province ; and to keep his public office of sur- veyor-general in the capital city or town in the said province, that so if any difference happen about the quantities, meets, or bounds of lands, the same may be there regulated and composed. And I hereby grant to the said Thomas Holme, to take, receive, and to his own use enjoy, all and every such profits and benefits, for the surveys and admeasurements of the said province, or any part thereof, and keeping his office of surveyor-general there, as are allowable in the like cases in America. P
" Given under my hand and seal of the province of Penn-
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W. MARKHAM, DEPUTY .- CHARLES II.
ylvania, this eighteenth day of the second month, one 1682.
whom nousand six hundred and eighty-two. . WILLIAM PENN. " Recorded the 27th of the third month, 1684, in book A., l. i. p. 7."
buys land; son going over. "My oldest son is going away this week in the ' Amity,' April 29. . Dimond, for Pennsylvania, to be assistant to William Claypoole enn's surveyor. I have bought 5000 acres, and may pro- ably be concerned in the company or society, of which I end their book enclosed. I hope I may remove next year ith my whole family thither. We have a prospect of a con- Prospect of iderable trade between Barbadoes and Pennsylvania. We trade; large alculate there will go thither from hence above one thousand emigration. Friends this year ; then William Penn and his family goes ; Thomas Rudyard, Charles Taylor and his family, and many thers ; then two ships from Bristol and five from Wales; so hat if the Lord bless us, and prosper our way, the country vill be planted in a little time."1
" I have been at Gravesend with my son John, who is gone April 30. ber the 'Amity,' Dimond, master, for Pennsylvania, to be The ship Amity sails for Pennsyl- vania, with T. Holme, surveyor- assisting to the general surveyor, whose name is Thomas Holme, a very honest, ingenious, worthy man. Have fitted John out with all things necessary, and his employment is very creditable, and if he be diligent and sober, may come general. in a few years' time to be very profitable ; however, it will be a present maintenance, and keep him from ill company. I Has bought 5000 acres. have bought 5000 acres from William Penn, and we are en- deavouring to settle a society for trade, according to enclosed book of articles ; there has been subscribed £10,000, but we Pennsylva- laid that aside, not having agreed on all particulars, and now nia society ; former sub- the next week we shall begin to subscribe according to this scription laid book. Divers persons have desired, that if the stock be con- aside, and new one siderable, so that we shall succeed, that I might be one of the proposed. principal officers, as deputy, for there are two chosen for president and treasurer, which are inclined to accept of, if they choose me; however, I have a great drawing on my Intends go- ing to Penn- sylvania. mind to remove with my family thither, so that I am given up, if the Lord clears our way, to be gone next spring; it may Wants ne- be about a year hence. Advise me, in thy next, what I groes. might have two negroes for, that might be fit for cutting down trees, building, ploughing, or any sort of labour that is required in the first planting of a country. I hope to carry
1 Claypoole. 3 A 2
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Holm to time easure nce, t 3, an to hi ther fairl ord a 3 ans dven n the eets an may lad par ich-
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558
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. ten or twelve servants from hence, and many people that lov us well are inclined to go when we go. William - Penn him self, and family, go this summer, and probably about on thousand people."
His brother settled in New Deal, Delaware.
" I have a letter from brother Norton, date 16th of tent] month, from New Deal, in Delaware Bay, where he is settle on a plantation. He writes, his wife and child were come and he was going to fetch them home."
Amity leaves the Downs.
In a subsequent letter, (April 29,) he says, " Our ship foi Pennsylvania went out of the Downs, the 23d."1
We have, in this letter, a positive proof that the fac stated of the Amity being blown off to the West Indies, las winter, is incorrect; that she did not arrive till spring of summer, is more true.
May 5.
The next important measure of Penn, was the publication of his frame of government, or first constitution of Penn- sylvania, introduced by a preface of considerable length, giving his views of the origin and nature of government, which have been highly extolled.
" The frame of the government of the province of Penn- sylvania, in America, together with certain laws agreed upon in England, by the governor and divers freemen of the afore- said province, to be further explained, and continued there, by the first provincial council that shall be held, if they see meet.
Penn's views of go- vernment.
" The Preface .- When the great and wise God had made the world, of all his creatures it pleased Him to choose man his deputy to rule it; and to fit him for so great a charge and trust, He did not only qualify him with skill and power, but with integrity to use them justly. This native goodness was equally his honour and his happiness, and whilst he stood here, all went well; there was no need of coercive or com- pulsive means ; the precept of divine love and truth in his bosom was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it, and the law, that had before no power over him, took place upon him and his disobedient posterity, that such as would not live conformably to the holy law written, should fall un- der the reproof of and correction of the just law without, in a judicial administrution.
" This the apostle teaches in divers of his epistles : the law, says he, was added because of transgression: in another
1 Claypoole.
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W. MARKHAM, DEPUTY .- CHARLES II.
place, knowing that the law was not made for the righteous man, but for the disobedient and ungodly, for sinners, for unholy and profane, for murderers, for whoremongers, for them that defile themselves with mankind, and for men- stealers, for liars, for perjured persons, &c. But this is not all : he opens and carries the matter of government a little further : let every soul be subject to the higher powers, for there is no power but of God ; the powers that be are ordained of God; whosoever, therefore, resisteth the power, resisteth the ordinance of God, for rulers are not a terror to good works, but to evil. Wilt thou then not be afraid of the power ? Do that which is good, and thou shalt have praise of the same. He is the minister of God to thec for good ; wherefore ye must needs be subject, not only for wrath, but for conscience' sake.
" This settles the divine right of government beyond ex- ception, and that for two ends ; first, to terrify evil-doers ; secondly, to cherish those that do well; which gives govern- ment a life beyond corruption, and makes it as durable in the world as good men shall be. So that government seems to me a part of religion itself, a thing sacred in its institution and end; for if it does not directly remove the cause, it crushes the effect of evil, and is as such, (though a lower yet,) an emanation of the same divine Power, that is both author and object of pure religion, the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations, but that is only to evil-doers, government itself being otherwise as capable of kindness, goodness, and charity, as a more private society. They weakly err, that think there is no other use of government than correction, which is the coarsest part of it; daily expe- rience tells us, that the care and regulation of many other affairs, more soft and daily necessary, make up much the greatest part of government, and which must have followed the peopling of the world, had Adam never fell, and will con- tinue among men on earth, under the highest attainments they may arrive at, by the coming of the blessed second Adam, the Lord from heaven. Thus much of government in general, as to its rise and end.
" For particular frames and modes, it will become me to say little, and comparatively I will say nothing. My reasons are, first, that the age is too nice and difficult for it, there
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560
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. being nothing the wits of men are more busy and dividec upon. It is true, they seem to agree in the end, to wit. happiness, but in the means they differ, as to divine, so to this human felicity, and the cause is much the same, not alwayss want of light and knowledge, but want of using them rightly. Men side with their passions against their reason, and their sinister interests have so strong a bias upon their minds, that they lean to them against the good of the things they know.
" Secondly, I do not find a model in the world, that time, place, and some singular emergencies have not necessarily altered, nor is it easy to frame a civil government that shall serve all places alike.
" Thirdly, I know what is said by the several admirers of monarchy, aristocracy, and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on that subject. But I choose to solve the controversy with this small distinction, and it belongs to all three, any government is free to the people under it, (whatever be the frame,) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.
"But lastly, when all is said, there is hardly one frame of government in the world so ill-designed by its first founders, that in good hands would not do well enough; and story tells us, the least in ill ones can do nothing that is great or good; witness the Jewish and Roman states governments, like clocks, go from the motion men give them, and as go- vernments are made and moved by men, so by them they are ruined too. Whether governments rather depend upon men than men upon governments ; let men be good, and the go- vernment cannot be bad; if it be ill, they will cure it. But if men be bad, let the government be ever so good, they will endeavour to warp and spoil it to their turn.
" I know some say, let us have good laws, and no matter for the men that execute them; but let them consider, that though good laws do well, good men do better ; for good laws may want good men, and be abolished or evaded by ill men ; but good men will never want good laws, nor suffer ill ones. It is true, good laws have some awe upon ill ministers, but that is where they have no power to escape or abolish them, and the people are generally wise and good, but a loose and degraded people (which is to the question) love laws and an
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W. MARKHAM, DEPUTY .- CHARLES II.
administration like themselves. That, therefore, which makes ided a good constitution, must keep it, viz. men of wisdom and wit, virtue, qualities that, because they descend not with worldly this inheritances, must be carefully propagated by a virtuous edu- cation of youth, for which after-ages will owe more to the care and prudence of founders and the successive magistracy, than to their parents for their private patrimonies.
" These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing both the censures they will meet with from men of differing humours and engagements, and the occasions they may give of discourse beyond my design.
" But next to the power of necessity, (which is a solicitor that will take no denial,) this induced me to a compliance, that we have (with reverence to God and good conscience to men) to the best of our skill, contrived and composed the frame and laws of this government, to the great end of all government, viz. to support power in reverence with the peo- ple, and to secure the people from the abuse of power, that they may be free by their just obedience, and the magistrates honourable for their just administration ; for liberty without obedience is confusion, and obedience without liberty is slavery. To carry this evenness is partly owing to the con- stitution, and partly to the magistracy; where either of these fail, government will be subject to convulsions, but where both are wanting, it must be totally subverted; then where both meet, the government is like to endure, which I humbly pray and hope God will please to make the lot of this of Penn- sylvania. Amen. WILLIAM PENN.
" The Frame, g.c .- To all people to whom these presents Preamble. shall come: Whereas, King Charles the Second, by his letters- patent 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, esquire, son and heir of Sir William Penn, deceased,) and to my heirs and assigns for ever, all that tract of land or pro- vince called Pennsylvania, in America, with divers great powers, pre-eminences, royalties, jurisdictions, and authorities, necessary for the well-being and government thereof: Now know ye, that for the well-being and government of the said province, and for the encouragement of all the freemen and
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
planters that may be therein concerned, in pursuance of the powers aforementioned, I, the said William Penn, have de- clared, granted, and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant, and confirm, unto all the freemen, planters, and adventurers, of, in, and to the said province, these liberties, franchises, and properties, to be held, enjoyed, and kept by the freemen, planters, and inhabitants of the said province of Pennsylvania, for ever.
"I. That the government of this province shall, according Government to the powers of the patent, consist of the governor and how com- posed. freemen of the said province, in form of a provincial council and general assembly, by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter respec- tively declared. That is to say :
" II. That the freemen of the said province shall, on the Time ! elec- 20th day of the twelfth month, which shall be in this present tion and number in the provin- cial council. year one thousand six hundred eighty and two, meet and assemble in some fit place, of which timely notice shall be beforehand given by the governor or his deputy, and then and there shall choose out of themselves seventy-two persons, of most note for their wisdom, virtue, and ability, who shall meet on the 10th day of the first month, next ensuing, and always be called and act as the provincial council of the said province.
Terms of continuance in office.
" III. That at the first choice of such provincial council, one-third part of the said provincial council shall be chosen to serve for three years then next ensuing, one-third part for two years then next ensuing, and one-third part for one year then next following such election, and no longer; and that the said third part shall go out accordingly ; and on the 20th day of the twelfth month, as aforesaid, yearly for ever after- wards, the freemen of the said province shall in like manner meet and assemble together, and then choose twenty-four persons, being one-third of the said number, to serve in pro- vincial council for three years; it being intended that one- third part of the whole provincial council, always consisting, and to consist of seventy-two persons as aforesaid, falling off yearly, it shall be yearly supplied by such new yearly elec- tions as aforesaid, and that no one person shall continue therein longer than three years; and in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall
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Alternation in office.
W. MARKHAM, DEPUTY .- CHARLES II.
be chosen to supply his place for the remaining time he was to have served, and no longer.
"IV. That after the first seven years, every one of the said third parts that goeth yearly off, shall be incapable of being chosen again for one whole year following, that so all may be fitted for government, and have experience of the care and burden of it.
" V. That the provincial council, in all cases and matters Quorum. of moment, as their arguing upon bills to be passed into laws, erecting courts of justice, giving judgment upon crimi- nals impeached, and choice of officers, in such manner as is hereinafter mentioned, not less than two-thirds of the whole provincial council shall make a quorum, and that the consent and approbation of two-thirds of such quorum shall be had in all such cases and matters of moment. And moreover, that in all cases and matters of lesser moment, twenty-four members of the said provincial council shall make a quorum, the majority of which twenty-four shall and may always de- termine in such cases of lesser moment.
" VI. That in this provincial council, the governor, or his Governor to deputy, shall or may always preside, and have a treble voice ; preside. and the said provincial council shall always continue, and sit upon its own adjournments and committees.
" VII. That the governor and provincial councils shall Councils to prepare and propose to the general assembly hereafter men- prepare bills for as- tioned, all bills which they shall at any time think fit to be sembly. passed into laws within the said province; which bills shall be published and affixed to the most noted places in the in- habited parts thereof, thirty days before the meeting of the general assembly, in order to the passing them into laws, or rejecting of them, as the general assembly shall see meet.
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