USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 60
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"XXXIV. That all treasurers, judges, masters of the rolls, Officers and electors to believe in sheriffs, justices of the peace, and other officers and persons whatsoever, relating to courts or trials of causes, or any other Jesus Christ. service in the government, and all members elected to serve in provincial council and general assembly, and all that have right to elect such members, shall be such as profess faith in Jesus Christ, and are not convicted of ill-fame, or unsober and dishonest conversation, and that are of twenty-one years of age at least ; and that all such so qualified, shall be capa- ble of the said several employments and privileges as aforesaid.
"XXXV. That all persons living in this province who Religious confess and acknowledge the one Almighty and Eternal God, liberty. to be the Creator, Upholder, and Ruler of the world, and that hold themselves obliged in conscience to live peaccably and justly in civil society, shall in noways be molested or prejudiced for their religious persuasion or practice in matters of faith and worship; nor shall they be compelled at any time to frequent or maintain any religious worship, place or ministry whatever.
" XXXVI. That according to the good example of primi- Observance tive Christians, and the ease of the creation, every first day of the week, called the Lord's Day, people shall abstain from their common daily labour, that they may the better dispose themselves to worship God according to their understandings.
"XXXVII. That as a careless and corrupt administration All offences of justice draws the wrath of God upon magistrates, so the against God to be pun- wildness and looseness of the people provoke the indignation ished.
of the Lord's Day.
dis-
mar- inet nts, ball
ble ze; en, ill od f- y r 1 T
574
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
punished.
1682. of God against a country ; therefore, that all offences against God, as swearing, cursing, lying, profane talking, drunken- ness, drinking of healths, obscene words, incest, sodomy, rapes, whoredom, fornication, and other uncleanness, (not to Crimes to be be repeated,) all treasons, misprisons, murders, duels, felony, sedition, maims, forcible entries, and other violences to the persons and estates of the inhabitants within this province : all prizes, stage-plays, cards, dice, May-games, gamesters, masks, revels, bull-baitings, cock-fightings, and the like, which excite the people to rudeness, cruelty, looseness, and irreligion, shall be respectively discouraged, and severely punished, ac- cording to the appointment of the governor and freemen in provincial council and general assembly, as also all proceed- ings contrary to these laws, that are not here made expressly penal.
Laws to be published, exhibited, and annual- ly read.
"XXXVIII. That a copy of these laws shall be hung up in the provincial council, and in public courts of justice, and that they shall be read yearly at the opening of every pro- vincial council and general assembly, and court of justice ; and their assent shall be testified, by their standing up after the reading thereof.
Alterations by consent of six- sevenths of the freemen.
"XXXIX. That there shall be at no time any alteration of any of these laws, without the consent of the governor, his heirs or assigns, and six parts of seven of the freemen, met in provincial council and general assembly.
Additions and amend- ments.
"XL. That all other matters and things not herein pro- vided for, which shall and may concern the public justice, peace, or safety of the said province, and the raising and im- posing taxes, customs, duties, or other charges whatsoever, shall be, and are hereby referred to the order, prudence, and determination of the governor and freemen in provincial council and general assembly, to be held from time to time in the said province.
" Signed and sealed by the governor and freemen aforesaid, the fifth day of the third month, called May, one thousand six hundred and eighty-two."1
Date.
Penn wrote to several persons whom he supposed were set- tled within his bounds, the following letter, warning them not to pay taxes to Lord Baltimore,2 dated September 16, 1681 :
1 Reg. Penns. vol. i. pp. 357-359. Votes of Assembly, vol. i.
2 This letter is from a copy in the Land-Office, which we have met with only now, which will account for its not being inserted in its proper place.
b tÌ t
- ca we
575
1682.
Wm. Penn to settlers on eastern shore.
W. MARKHAM, DEPUTY .- CHARLES II.
" London, 16th of 7th month, 1681.
" My friends-I hope I do not improperly call you so, be- cause in being so you will extremely befriend yourselves, as well as perform an act of duty to the king and justice to me. Letter from "I am equally a stranger to you all, but you being repre- sented men of substance and reputation in that part of the bay which I presume falls within my patent, I chose to take this opportunity to begin your acquaintance, and by you with the rest of the people on your side of my country, and do assure you and them that I will be so far from taking any advantage to draw great profits to myself, that you shall find me and my government easy, fair, and just, and as you shall study to be fair and respectful to me and my just interests, I will not be short of giving you all reasonable assurances on my part that I will live kindly and well with you, and for this you have my word, under my hand. I think fit to caution you, (if within my bounds, as I am ready to believe, but I desire no more than my own,) that none of you pay any more taxes or sessments, by any order or law of Maryland, for if you do, it will be greatly to your own wrong, as well as my prejudice, though I am not conscious to myself, of such an insufficiency of power here with my superiors, as not to be able to weather the difficulty, if you should ; but the opinion I have of the Lord Baltimore's prudence, as well as justice, and of your regard to your own interests, and future good of your posterity, makes me to waive all objections of that na- ture, and to hope we shall all do the thing that is just and honest, (which is always wise,) according to our respective stations. I have no more to add, but my good wishes for all your happiness, and that by the help of Almighty God, next spring I shall have some testimony of my best endeavours to contribute towards it, as becomes my duty to God, to the king, and to their people. I am your real friend.
" Signed, WILLIAM PENN. " Pray salute me to all your neighbours."
The superscription was, " For James Frisbie, Edward Jones, Augustus Herman, George Oulderfield, Henry Ward, and Henry Johnson, at their plantations in Pennsylvania."
It appears, by the following instructions to Philip Ford, that not long after the departure of Thomas Holme, a list of the lands sold in England, Ireland, and Scotland, was prepared, to be sent to him. A copy of this list is in the
1
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inst ten ny, to he e :
576 1
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
June 1.
List of lands sold in England, to be sent to T. Holme.
1682. Land Office at Harrisburg, giving the names of the several purchasers, and the quantity of land to each; from this list we have ascertained that the sales amounted to, at this time, about 565,500 acres, in parcels of from 250 to 10,000 acres; of the latter quantity are two lots to the Free Society of Traders, making up their 20,000 acres. It is entitled, “ An account of the lands in Pennsylvania, granted by William Penn, Esq., &c., to several purchasers in England, Ireland, and Scotland, &c." Penn's order to Ford is as follows :
" These are to authorize thee to set my name to the list of purchasers now to be sent away to Thomas Holme, my surveyor-general for that province. Given under my hand, this 22d day of the 3d month, 1682. WILLIAM PENN." Ford's order to Holme is in these words :
" To my loving friend, Thomas Holme, surveyor-general of Pennsylvania, greeting-These are to authorize thee to set out the surveyed bounds to the respective purchasers' use, according to the last lists of purchasers sent by Philip Ford, and by him signed, according to authority given him by me ; and for so doing, this shall be thy sufficient warrant. Given under my hand, this 22d day of 3d month, 1682.
" Signed, WILLIAM PENN, [L. S.] " per Philip Ford."*
June 8. First meet- ing and elec- tion of offi- cers of Free Society of Traders.
The first meeting of the Free Society of Traders was held in London, May 29, for choosing officers ; the following were elected-Nicholas Moore, of London, medical doctor, presi- dent ; John Simcock, of Pennsylvania, yeoman, deputy pre- sident ; James Claypoole, of London, merchant, treasurer ; all to continue for seven years : John Boy, of Wilts, surveyor, and the following committee of twelve, to reside in Pennsyl- vania, Thomas Brassey, Robert Turner, Thomas Holme, John Bezer, Francis Plumstead, Griffith Jones, Anthony Elton, James Harrison, John Blunston, Isaac Martin, Walter King, William Haige : Joseph Martin, of London, merchant, chief agent ; Philip Ford, of London, merchant, deputy agent; William Sherlow, merchant, John Sweetapple, goldsmith, Thomas Barker, wine-cooper, Edward Pelrod, oilman, all of London, assistants.
Agreed to request, through the governor, the first provin- cial council and assembly to be held in Pennsylvania ; " that the twenty-four assistants of the committees shall be chosen out of such subscribers that are most apt for managing the * See Appendix.
S
577
W. MARKHAM, DEPUTY .- CHARLES II.
affairs there, and that by the assent and approbation of the governor, the provincial council, and general assembly afore- said, but that this shall not be a precedent hereafter." Every subscriber to pay 5 per cent. at subscribing.
Another meeting of the Society of Free Traders was held, June 12. at which, having agreed to fine " disorderly talkers," and for Meeting of interrupting a speaker, or "speaking out of course," 1d. for first offence, 3d. for the second, and 6d. for the third, and build a adding Francis Burroughs, Edward West, John Crow, and Francis Plumsted to the committee of advice, resolved to build " a glass-house, with all convenient speed, on the society's lands," and to send a deputy with a letter from the president, and some present, "to the Emperor of Canada and tributary king, to be prepared according to the wisdom of the com- mittee, in order to the engaging a trade."
About this time, William Penn met with a very severe June. affliction, in the loss of his mother, " for whom he had the Death of deepest filial affection." " It is said that he was so affected by her death, that he was ill for some days."1
Thomas Holme, the surveyor-general, probably arrived about this time, and appears to have entered, very soon after it, upon his labours.
At the next court at Upland, Markham does not appear to June 23. have been present. Jacob Fabricius is a plaintiff. There is a Change of curious case of crim. con. The following record appears : name of Marcus
" The grant formerly made from Governor Markham to the Hook. inhabitants of Markus Hook, at their request, for the calling the name of the said town Chicester, which said grant bears date 20th April, 1682, and was read and published in the court held at Upland, June 13th, 1682, according to order, as a record thereof."2
The society having appointed a messenger for Pennsylvania, June 29. wrote by him to the " Emperor of Canada," as directed, the following letter, in explanation of the views and objects of the society in its formation :3
" TO THE EMPEROR OF CANADA. [L. S.]
"London, the 19th day of the 4th month, called June, 1682. " Friend : I have sent you this letter and messenger, to let
1 Clarkson, vol. i. p. 233.
2 Records at West Chester.
3 Reg. Penns. vol. i. p. 397. The original manuscript of this letter, on parchment, is in the Land-Office, at Harrisburg, so much defaced by rats as to render many words illegible ; these are supplied in the foregoing, and italicized. Another warning against the destruction of public documents !
73 3 C
1682.
the society. Resolve to
glass-house, and send a letter to the Indians.
Penn's mo- ther.
al st. e, f
Q
578
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
Letter of the society to the Emperor of Canada.
1682. you know that I am elected president of the Free Society of Traders of Pennsylvania, and as I am such, have the power and free consent of all these good men to treat with you, your kings, and your people, in all things pertaining to trade, and also to give you assurance that all our intentions and purposes towards you are good and just ; and unto this mes- senger we have given full power to agree with you in all things relating to our affairs ; he is a good and just man ; what you do with him we will ratify and confirm without de- lays or exception, and you shall find that we are a people that love peace and justice, and are not afraid of war. Our God is a God of peace, a God of love, grace, mercy, and justice, and we are his followers, having the same principle, and will always endeavour to be found in the like practice. He is always doing good unto all His creatures, whom you and we are; we also being persuaded of this duty, have now resolved to seek to do you good in all we are able; therefore, it will not be our faults if you are not happy in our neighbourhood, for we will be kind and loving to you at all times, and will be your friends, which thing we also expect from you, and can- not but suppose that you shall readily consider and accept of our kindness, and rejoice at it. And we are willing also to receive you into a perpetual friendship and protection amongst us.
" In witness whereof, I do propose unto you, that we are willing to receive you, your kings and people in our society of trade, and if you will bring in your goods in our society for a free trade, you shall greatly enrich yourselves by it, for we will improve it for you, as well as for us, and in so doing, you shall have what you and yours shall want of all good things, without being beholden to any other people whatsoever, for we and you being united, we shall take off your goods, and we shall help you with ours, to your content, so that the advantage shall be equal; therefore it is your interest to command your kings and people to trade with us, thus united, alone, it being your proper advantage, and you yourself may, from time to time, come and see our trade and improvement, and take your profits which shall arise therefrom, proportion- ably to what you shall join with us: this we propose as a proper means to unite all our interests for ever. We shall be glad to see you the next spring, to conclude some good treaty together in peace ; and to show you that we are good
O
W. MARKHAM, DEPUTY .- CHARLES II.
579
1682.
men, we have sent you this present; when we meet you, you shall know this to be altogether true. In the mean time pre- pare for trade, as we do. I rest your true friend, N. MORE.1 " Directed for the Emperor of Canada."
William Penn also furnished the society with the following July 1. introductory letter to the " emperor," soliciting his friendly offices :
" The great God that made thee and me, and all the world, incline our hearts to love peace and justice, that we may live friendly together, as becomes the workmanship of the great of Canada, God. The King of England, who is a great prince, hath, for divers reasons, granted to me a large country in America, which, however, I am willing to enjoy upon friendly terms with thee; and this I will say, that the people who comes with me are a just, plain, and honest people, that neither make war upon others, nor fear war from others, because they will be just. I have set up a society of traders in my province, to traffic with thee and thy people, for your commodities, that you may be furnished with that which is good, at reasonable rates ; and that society hath ordered their president to treat with thee about a future trade, and have joined with me to send this messenger to thee with certain presents from us, to testify our willingness to have a fair correspondence with thee, and what this agent shall do in our names, we will agree unto. I hope thou will kindly receive him, and comply with his desires on our behalf, both with respect to land and trade. The great God be with thee. Amen. WILLIAM PENN.
" Philip Theodore Lehnman, secretary.
"London, the 21st day of the 4th month, called June, 1682."2
J. Claypoole, from whose letters we have already quoted, July 24. after all his doubts and uncertainties, finally has made up his J. Claypoole mind to remove to Pennsylvania. He thus writes upon the subject to his brother :
" I have taken up resolutions to go next spring, with my whole family, for Pennsylvania, so have not sent my orders for a house or planting, but intend to do it when I come. I have 100 acres where our capital city is to be, upon the river near Schuylkill and Peter Cock; there I intend to plant and build my first house."3
1 So spelled here : in most other cases, Moore.
2 From a copy taken from the original manuscript in the Land-Office at Harrisburg, certified by S. Workman, among the MSS. of Penns. Hist. Soc. Reg. Penns. vol. ix. p. 112.
Letter from Wm. Penn to Emperor
introducing the society.
going to Pennsylva- nia. Location of Philadelphia probably de- termined.
3 Claypoole.
e,
de and les- all n; le- at
y of wer
580
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
This extract seems to confirm the fact that the present lo- cation of Philadelphia had been decided upon by the com- missioners ; that Penn had been informed of the fact in England, and that he had communicated it to purchasers there.
In the following extract we have some further information Further par- respecting the society, and of their plans and powers under the charter. The writer again alludes to the capital city :
ticulars re- specting the society.
" We have erected a society for trade in Pennsylvania, according to enclosed book. We have already subscribed £10,000 stock, of which we receive at present but one-half part, which is about £5000, and after the arrival of the first ship belonging to the company in Pennsylvania, which may probably be in the eighth month next, the subscriptions will continue for six months following ; so if there be any friend or acquaintance of thine that is inclined to join with us, I desire thee to encourage it, for the greater the stock the more easily will it bear the charge, for we could very well employ £20,000 stock. One Doctor Moore, a very worthy, ingenious person, is chosen president, John Symcock, of Pennsylvania, deputy president. I am chosen treasurer. They allow the president £150, deputy and treasurer each £100 per annum, agreed for seven years to come. We are to send out 100 ser- vants to build houses, to plant and improve land, and for cat- tle, and to set up a glass-house, for bottles, drinking glass, and window glass, to supply the islands and continent of America ; and we hope to have wine and oil for merchandise, and some corn ; however, hemp for cordage, and for iron and lead, and other minerals, we have no doubt of; so that through the blessing of God, we may hope for a great increase, and it may come to be a famous company. We have sent a mes- senger to the emperor and kings, to settle a constant friend- ship and trade between us, and have sent them divers presents in the name of the society, and do reserve about £2000 for the beaver and fur trade and skins. We have bought 20,000 acres of land, and shall have 400 acres of it in the capital city, where our house must be built, with divers warehouses and offices. As for the governor, William Penn, he has been and will be very kind to us, besides his subscription, which is considerable. He has given us the quit-rent of all our land, and most ample patent or charter, to be confirmed by the first general assembly in Pennsylvania, with as many privi-
t i
leg
581
1682.
Pennsylva- nia.
W. MARKHAM, DEPUTY .- CHARLES II.
leges as we could desire, whereby we are a corporation, a lordship, and manor, having a magistracy and government within ourselves, the three principal officers aforesaid being justices of the peace."1
In a letter, a short time afterwards, he says, "I may send A map of thee a map of Pennsylvania, and William Penn's book about it, and the laws agreed on, and what other papers may be necessary for thy perusal." By whom was this map pre- pared ? Was it by Holme, before he left England, and from materials furnished by the commissioners ? If so, it was pro- bably only an outline, and filled up afterwards, as we now see it.
The first purchase of lands made by or for Penn, from the July 25. Indians, that we have seen any account of, was the following, made by William Markman, of lands near Neshaminy. The Dutch, Swedes, and English, before Penn's time, as we have seen, had made similar purchases. This is a copy taken from the original deed on parchment, remaining in the Secretary of State's office at Harrisburg :
" This indenture, made the 15th day. of July, in the year Deed be- of our Lord, according to English account, 1682, between Idquahon, Jeanottowe, Idquoquequon, Sahoppe, for himself and Ocomickon, Merkekowan, Oreckton, for Nannacussey, about Falls Shaurwaughon, Swanpisse, Nahoosey, Tomackhickon, Wes- of Dela- kekitt, and Tohawsis, Indian sachamakers, of the one part, ware. and William Penn, chief proprietor, &c., on the other, wit- nesseth, that for and in consideration of the sums and quan- tities of goods, merchandises, and utensils hereinafter men- tioned and expressed, (that is to say,) 350 fathoms of wampum, 20 white blankets, 20 fathoms of strawdwaters, 60 fathoms of duffields, 20 kettles, (4 whereof large,) 20 guns, 20 coats, 40 shirts, 40 pair stockings, 40 hoes, 40 axes, 2 barrels pow- der, 200 bars lead, 200 knives, 200 small glasses, 12 pair shoes, 40 copper boxes, 40 tobacco tongs, 2 small barrels of pipes, 40 pair scissors, 40 combs, 24 pounds red lead, 100 awls, 2 handsful fish-hooks, 2 handsful needles, 40 pounds shot, 10 bundles beads, 10 small saws, 12 drawing-knives, 4 ankers tobacco, 2 ankers rum, 2 ankers cider, 2 ankers beer, and 300 guilders, by the said William Penn, his agents or assigns, to the said Indian sachamakers, for the use of them and their people, at and before sealing and delivery hereof, in hand
tween Mark- ham and the Indians, for lands
1 Claypoole. 302
on er
10- om in ers
a, ed st y 1
582
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. paid and delivered, whereof and wherewith they the said sachamakers do hereby acknowledge themselves fully satisfied, contented and paid, the said Indian sachamakers, parties to July 25. these presents, as well for and on behalf of themselves, as for Indian deed and on behalf of their respective Indians or people for whom to Markham continued. they are concerned, have granted, bargained, sold, and deli- vered, and by these presents do fully, freely, and absolutely grant, bargain, sell, and deliver unto the said William Penn, his agents and assigns for ever, all that or those tract or tracts of land lying and being in the province of Pennsylvania aforesaid, beginning at a certain white oak in the land now in the tenure of John Wood, and by him called the Gray- stones, over against the Falls of Delaware River, and so from thence up by the river side, to a corner-marked spruce-tree, with the letter P, at the foot of a mountain, and from the said corner-marked spruce-tree, along by the ledge or foot of the mountains west-north-west, to a corner white oak, marked with letter P, standing by the Indian path that leads to an Indian town called Playwicky, and near the head of a creek called Towsissinck, and from thence west to the creek called Neshammony's Creek, and along by said Neshammony's Creek unto the River Delaware, alias Makerisk-kitton, and so bounded by the said main river to the said first-mentioned white oak in John Wood's land, and all those islands called or known by the several names of Mattinicunk Island, Se- passnick's Island, and Oreckton's Island, lying or being in the said River Delaware, together also, with all and singular the isles, islands, rivers, rivulets, creeks, waters, ponds, lakes, plains, hills, mountains, meadows, marshes, swamps, trees, woods, mines, minerals, and appurtenances whatsoever to the Said tract or tracts of land belonging, or in anywise apper- taining, and the reversion and reversions, remainder and re- mainders thereof, and all the estate, right, title, interest, use, property, claim, and demand whatsoever, as well of them the Indian sachamakers, (parties to these presents,) as of all and every other the Indians concerned therein, or in any part or parcel thereof; to have and to hold the said tract and tracts of land, islands, and all and every other the said granted premises, with their and every of their appurtenances, unto the said William Penn, his heirs and assigns for ever, to the only use and behoof of the said William Penn, his heirs and assigns, for evermore. And the said Indian sachamakers,
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