USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 61
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71
2
583
W. MARKHAM, DEPUTY .- CHARLES II.
their heirs and successors, and every of them, the said tract or 1682. tracts of land, islands, and all and every other the said granted premises, with their and every of their appurtenances, unto said William Penn, his heirs and assigns for ever, against July 25. them the said Indian sachamakers, their heirs and successors, Indian deed and against all and every Indian and Indians, and their heirs continued. and successors, claiming or to claim any right, title, or estate into or out of the said granted premises, or any part or par- cel thereof, shall and will warrant and for ever defend, by these presents. In witness whereof, the said parties to these presents interchangeably have set their hands and seals, the day and year first above written, 1682.
" Signed,
WILLIAM MARKHAM,
" Deputy Governor to William Penn, Esq. " Sealed and delivered in presence of Kowyockhicken, Alloiwham, &c., Lasse Cock, Richard Noble, Thomas Revell. " Recorded p. 50, &c .- N. B. Boileau, secretary."
There is a duplicate1 of the foregoing, with a memorandum dated August 1, 1682, rectifying certain mistakes, or explain- ing some items, viz. "the number of 10 guns more than we mentioned, which we should have received, we now acknow- ledge the receipt of from William Penn." The 350 fathoms of wampum, quality not expressed, means, " to be one-half white wampum and one-half black." "Pecerappamand, Py- terhay, and Elkpamachitte, Indian sachamakers, who were the right owners of the land called Soepassincks, and of the island of the same name, and who did not formerly sign and seal the within deed, nor were present when the same was done," now confirm the proceedings.2
It is probable that William Penn availed himself of the August 24. advice of persons whom he deemed capable of furnishing it, calculated to be useful to him in the settlement or manage- ment of his colony. Among these was perhaps the celebrated Sir William Petty, who wrote at least two letters to him on the subject. The second letter exists at Harrisburg, in the Land-Office, apparently original, directed to William Penn, then in London, though without the name of the writer, but endorsed as from him, of which it shows internal evidence. His views are curious and prospective, and it is highly pro-
1 This spells the name of the river, Makerisk-Hickon.
2 Recorded in Secretary's Office at Harrisburg, in book of "Records of Charters and Indian Deeds," pp. 50-52.
i-
y
id d, to or
584
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. bable may have suggested hints of which Penn availed him- self afterwards.
" London, 14th August, 1682.
August 24.
Letter of Sir William Petty to Wm. Penn, viewing Pennsylva- nia politico- economical- ly.
" Old friend-My opinion is, that not only Pennsylvania, but all the habitable land upon the face of the earth will (within the next fifteen hundred years) be as fully peopled as England is now; that is to say, that there will be a head for every four acres of land, whereas in Ireland there are about ten acres to every head, the medium whereof is seven. Wherefore, when God sendeth you to Pennsylvania, I advise you to take a perfect account of every soul within your ter- ritory and jurisdiction, and then to set out a piece of land containing seven times that number in acres, which land ought to be chosen for its situation, healthfulness, and fer- tility, and to be defensible by nature, as much as may be. It is not likely that in seven years that your people will in- crease so fast as to bring your said seven acres to four acres per head. Wherefore making no alteration in seven years, I would then again number the inhabitants, and add to the first parcel such another parcel as might contain seven times as many acres as was the number of increase of people, and would consider whether it were best to make this additional parcel contiguous to the first, or a new colony distant from it.
"It may be here objected, how this method would agree with the disposures which you have already made of great scopes of land within your territory, for such scopes may be so set out, as by this method to have no people at all, to the total loss of those who purchased from you.
" To which I answer, 1. That I would have the whole ter- ritory of Pennsylvania valued, suppose at £20,000, more or less, and suppose you have received £8000 for shares out of the same, I should then think it reasonable that yourself should have but three-fifths of the profit of any new planta- tion or colony, and that your purchasers should have the other two-fifths, to be proportionably divided amongst them by lot or agreement. My next consideration is, how to make a pro- portion between the value of your lands and hands, which I will suppose, by the example of England, to be as one to three, that is to say, that the rent of the land peopled as above mentioned, is to be one-quarter part of all that is pro- duced or gained by the said inhabitants, which, when you can value by silver, then you may pronounce not only what your
585
1682.
W. MARKHAM, DEPUTY .- CHARLES II.
land is locally worth in commodities, but universally in silver.
" It is to be feared, that if lands fit and prepared for til- lage be worth in England but one-quarter of the produce, August. that in Pennsylvania the best uncultivated lands cannot be Wm. Petty's worth so much, by the labour which must be bestowed in letter con- tinued. making them as fit for use as the lands in England already are.
"I also think it not amiss (supposing your territory to be 200 miles square) to conceive it divided into 400 parts or squares, of ten miles in the side, and thereupon supposing the whole to be worth £20,000, and each of the said squares £50 at a medium, I say I would have cach of the said squares valued at more or less than the said ££50, as the hopes of their being planted appears to be, but so as that the whole may amount to the just sum of £20,000, and according to this method, with a lot cast upon it, every one of the pur- chasers may have his whole scope set out together where his lot falleth, and his lot may fall upon land which may be forth- with planted, or which may not be planted till five hundred years hence, or perhaps not till the last century of fifteen hundred years above mentioned.
" I conclude with repeating what I mentioned in my former letter, that by degrees a perfect survey may be made of your whole territory, with divisions of the same, according to the bounds of nature, with a description of the animals, vege- tables, and minerals appearing upon them ; for such a survey [would give] great light to your plantation and foreign com- merce. I am your faithful friend."
[No signature, but endorsed " Sir William Petty's letter, and directions about Pennsylvania."]
Thomas Holme, surveyor-general, not long after his arrival, August. convened the Indians, and read to them the following letter Letter of from William Penn, with which he had been charged. A fac-simile of this letter is hung up in the hall of the Histori- Indians. cal Society. It is to be regretted that Holme does not men- tion the place where he read it to the Indians ; some suppose it was at Shackamaxon.
" The great God, who is the power and wisdom that made you and me, incline your hearts to righteousness, love, and peace. This I send to assure you of my love, and to desire your love to my friends, and when the great God brings me
Wm. Penn to the
74
1. e
1
ia, il as or
586
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
Another let- ter from Wm. Penn to the Indians, read to them by T. Holme.
1682. among you, I intend to order all things in such a manner that we may all live in love and peace one with another, which I hope the great God will incline both me and you to do. I seek nothing but the honour of His name, and that we, who are His workmanship, may do that which is well- pleasing to Him. The man which delivers this unto you is my special friend, sober, wise, and loving; you may believe him. I have already taken care that none of my people wrong you, by good laws I have provided for that purpose ; nor will I ever allow any of my people to sell rum, to make your people drunk. If any thing should be out of order, expect, when I come, it shall be mended, and I will bring you some things of our country that are useful and pleasing to you. So I rest in the love of our God that made us.
" I am your loving friend, WILLIAM PENN.
" England, 21st of second month, 1682.
" I read this to the Indians, by an interpreter, the sixth month, 1682 .- Thomas Holme."
August 31.
The Duke of York executed a deed for Pennsylvania to William Penn, by way of security against any pretensions which might at any time be set up by the duke to this province.
" The Duke of York's Deed for Pennsylvania .- This indenture, made the one and twentieth day of August, in the four and thirtieth year of the reign of our sovereign lord Charles the Second, by the grace of God, of England, Scot- land, France, and Ireland, king, defender of the faith, &c. Annoque Domini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c., of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part : Whereas his royal highness, being willing and desirous that the tract or part of land called Pennsylvania, hereinafter mentioned, should be granted and assured unto the said Wil- liam Penn, and his heirs, and for that purpose having signified and declared his assent thereunto, to the right honourable the lords of the committee of plantations, his said majesty, by his letters-patent under the great seal of England, bearing date the 4th day of March, in the three and thirtieth year of his reign, for the considerations therein mentioned, did grant unto the said William Penn, and his heirs, all that tract or part of land in America, with the islands therein contained,
The Duke of York's deed to Wm. Penn for Pennsyl- vania.
587 1682. -
for Pennsyl- vania.
-
W. MARKHAM, DEPUTY .- CHARLES II.
and thereunto belonging, as the same is bounded and described in and by the said letters-patent, and therein called Pennsyl- vania, together with the several royalties, franchises, jurisdic- tions, and privileges therein contained. And whereas, in consi- Duke's deed deration of five shillings, and for the considerations hereinafter mentioned, his said royal highness is willing and pleased to confirm and make any farther assurance of the said tract of land and premises, unto the said William Penn, and his heirs.
" Now, therefore, this indenture witnesseth, that his said royal highness, out of a special regard to the memory and many faithful and eminent services heretofore performed by the said Sir William Penn, to his said majesty and royal highness, and for the better encouraging him, the said Wil- liam Penn, to proceed in cultivating and improving the said tract of ground, and islands therein and thereunto belonging, and reducing the savage and barbarous natives thereof to civility, and for the goodwill which his said royal highness hath and beareth to the said William Penn, and for other good causes and considerations, hath remised, released, and for ever quit claim, and by these presents doth for him and his heirs, remise, release, and for ever quit claim, unto the said William Penn, (in his peaceable possession now being,) his heirs and assigns, all the estate, right, title, interest, rents, services, duties, payments, property, claim, and demand what- soever, of his said royal highness, of, into, or out of the said tract of land, and all and singular other the lands, islands, tenements, hereditaments, and other things comprised in the said recited letters-patent, and within the bounds and limits therein mentioned, to have and to hold the said tract of land, rents, services, hereditaments, and premises, unto the said William Penn, his heirs, to the only use and benefit of the said William Penn, his heirs and assigns for ever. In witness whereof, his royal highness hath to these presents set his hand and seal, the day and year first above written.
" JAMES. [L. S.]
" Sealed and delivered in the presence of J. Werden and George Mann."1
Having made arrangements with the Duke of York, for September 3 the " territories," William Penn obtains from him a regular transfer of them, in two instruments termed " deeds of feoff- ment," both dated on the 24th of August, one being for New
1 Reg. Penns. vol. i. p. 375.
588
WILLIAM PENN, PROPRIETARY AND GOVERNOR. -
1682.
Deed of feoffment for New Castle, and twelve miles about it.
Castle, and twelve miles about it, and the other for the lands, &c., between New Castle and Cape Henlopen. To these ter- . ritories Lord Baltimore entered a claim, which led to a long and irritating controversy, as will hereafter appear. The Duke of York himself did not obtain from the king a regular conveyance of them till 22d March, 1683.
" The Duke of York's Deed of Feoffment of New Castle, and twelve miles circle, to William Penn .- This indenture, made the four and twentieth day of August, in the four and thirtieth year of the reign of our sovereign lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c., Annoque Do- mini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c., of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part, wit- nesseth, that his said royal highness, out of a special regard to the memory and many faithful and eminent services here- tofore performed by the said Sir William Penn to his said majesty and royal highness, and for the good will which his royal highness hath and beareth to the said William Penn ; and for and in consideration of the sum of ten shillings, to him in hand paid by the said William Penn, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, and for other good causes and considerations, doth bargain, sell, enfeoff, and confirm unto the said William Penn, his heirs and assigns, for ever, all that the town of New Castle, otherwise called Delaware, and all that tract of land lying within the compass or circle of twelve miles about the same, situate, lying, and being upon the River Delaware, in America, and all islands in the said River Delaware, and the said river and soil thereof, lying north of the southern- most part of the said circle of twelve miles about the said town, together with all rents, services, royalties, franchises, duties, jurisdictions, liberties, and privileges thereunto be- longing; and all the estate, right, title, interest, powers, property, claim, and demand whatsoever, of his said royal highness, of, in, or to the same, or any part or parcel thereof: saving always, and reserving to his said royal highness, his agents and servants, free use of all ports, ways, and passages into, through, and out of the bargained premises, and every part and parcel thereof: to have and to hold the said town
589
W. MARKHAM, DEPUTY .- CHARLES II.
1682.
and circle of twelve miles of land about the same, islands, and all other the before-mentioned or intended to be hereby bargained premises, with their appurtenances, unto the said William Penn, his heirs and assigns, to the only use and Duke's deed benefit of the said William Penn, his heirs and assigns for for New Castle, &c. ever, yielding and paying therefor yearly and every year, unto his said royal highness, his heirs and assigns, the sum of five shillings of lawful money of England, at the Feast of St. Michael the Archangel only. And the said William Penn, for himself, his heirs and assigns, doth covenant and grant, to and with his said royal highness, his heirs and assigns, by these presents, that he, the said William Penn, his heirs and assigns, shall and will well and truly pay, or cause to be paid, to his said royal highness, his heirs and assigns, the said yearly rent of five shillings, at the days whereon the same is reserved to be paid as aforesaid. And his said royal high- ness, for himself, his heirs and assigns, doth covenant and grant, to and with the said William Penn, his heirs and assigns, by these presents, that his said royal highness, his heirs and assigns, will at any time or times hereafter, during the space of seven years next ensuing the date hereof, upon the request, and at the costs and charges in the law of the said William Penn, his heirs and assigns, do make and exe- cute, or cause or procure to be made, done, and executed, all and every such further act and acts, conveyances and assur- ances in the law whatsoever, for the further conveying and assuring the said town and circle of twelve miles of land about the same, and islands, and all other the premises, with the appurtenances, unto the said William Penn, his heirs and . assigns for ever, as by the counsel. learned in the law of the said William Penn, his heirs or assigns, shall be reasonably devised, advised, or required. And his said royal highness hath hereby made, constituted, and appointed John Moll, of New Castle aforesaid, esquire, and Ephraim Harman, of New Castle aforesaid, gentleman, jointly, and either of them seve- rally, his truc and lawful attorneys, and by these presents, doth give and grant unto the said John Moll and Ephraim Harman, his said attorneys, or cither of them, full power and authority for him, and in his name and stead, into all and singular the premises hereinbefore mentioned, or intended to be hereby alicned, enfeoffed, and confirmed, and into every or any part or parcel thereof, in the name of the whole, to
3 D
590
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
enter, and quiet and peaceable possession and seisin thereof, or of any part or parcel thereof, in the name of the whole, to enter and receive. And after peaceable possession thereof had and taken as aforesaid, to deliver quiet and peaceable possession and seisin thereof, or of any part or parcel thereof, in the name of the whole, to the said William Penn, his heirs or assigns, or to his or their lawful attorney or attorneys, sufficiently authorized to receive and take the same, and him or them to leave in the quiet and peaceable possession thereof, according to the true intent and meaning of these presents. And his said royal highness doth hereby allow of, ratify, and confirm whatsoever the said John Moll and Ephraim Harman, his said attorneys, shall lawfully do, or cause to be done, in and about the premises, by virtue of these presents, to be as good and effectual in the law, to all intents and purposes whatsoever, as if his said royal highness had done the same in his own person, or had been present at the doing thereof.
" In witness whereof, his said royal highness hath to these presents set his hand and seal, the day and year first above written. JAMES. [L. S.]
" Sealed and delivered in the presence of John Werden, George Mann."1
" The Duke of York's Deed of Feoffment of a tract of Deed of feoffment of territories land twelve miles south from New Castle to the Whorekills, to William Penn .- This indenture, made the four and twen- south of New tieth day of August, in the four and thirtieth year of the Castle. reign of our sovereign lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, king,' defender of the faith, &c., Annoque Domini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c., of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part, witnesseth, that his said royal highness, out of a special regard to the memory and many faithful and eminent services heretofore performed by the said Sir William Penn, to his said majesty and royal highness, and for the goodwill which his said royal highness hath and beareth to the said William Penn, and for and in consideration of the sum of ten shillings to him in hand paid by the said William Penn, at and before the ensealing and delivery of these presents, the receipt whereof is hereby
1 Reg. Penns. vol. i. pp. 375-376.
1682. 1
591
W. MARKHAM, DEPUTY .- CHARLES II.
acknowledged, and of the rent and covenants hereinafter reserved and contained, doth bargain, sell, enfeoff, and con- firm unto the said William Penn, his heirs and assigns, for ever, all that tract of land upon Delaware River and Bay, Deed of beginning twelve miles south from the town of New Castle, otherwise called Delaware, and extending south to the Whore- continued. kills, otherwise called Cape Henlopen, together with free and undisturbed use and passage into and out of all harbours, bays, waters, rivers, isles, and inlets, belonging to or leading to the same, together with the soil, fields, woods, underwoods, mountains, hills, fens, isles, lakes, rivers, rivulets, bays, and inlets, situate in or belonging unto the limits and bounds aforesaid, together with all sorts of minerals; and all the estate, interest, royalties, franchises, powers, privileges, and immunities whatsoever, of his said royal highness therein, or in or unto any part or parcel thereof; saving always, and reserving to his said royal highness, his agents and servants, free use of all ports, ways, and passages into, through, and out of the said bargained premises, and every part and parcel thereof; to have and to hold the said tract of land, and all and singular other the premises, with the appurtenances, unto the said William Penn, his heirs and assigns, to the only use and behoof of him, the said William Penn, his heirs and assigns, for ever, to be holden of his said royal highness, and his heirs, as of their castle at New York, in free and common soccage, yielding and paying therefor yearly and every year, to his said royal highness, his heirs and assigns, one rose, at the Feast of St. Michael the Archangel, yearly, if demanded. And the said William Penn, for himself, his heirs and assigns, doth covenant and agree to and with his said royal highness, his heirs and assigns, that he, the said William Penn, his heirs or assigns, shall and will, within the space of one year next ensuing the date of these presents, erect or cause to be erected and set up, one or more public office or offices of registry in or upon the said bargained premises, wherein he or they, or some of them, shall and will, amongst other things, truly and faithfully account, set down, and register, all and all manner of rents and other profits, which he or they, or any of them, shall by any ways or means make, raise, get, or procure of, in, or out of the said bargained premises, or any part or parcel thereof, and shall and will, at the Feast of St. Michael, the Archangel, yearly and every year, well and
1682.
feoffment of territories,
592
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
Deed of feoffment of territories, continued.
truly yield, pay, and deliver unto his said royal highness, his heirs and assigns, one full moiety of all and all manner of rents, issues, and profits, as well extraordinary as ordinary, as shall be made or raised upon, or by reason of the premises, or any part thereof. And if it shall happen the same shall be behind and unpaid, in part or in all, by the space of twenty days next after the same ought to be yielded, paid, or deli- vered, that then, and so often, it shall be lawful to and for his said royal highness, his heirs and assigns, to enter in and upon the said premises, or any part or parcel thereof, and there to distrain, and the distress and distresses there taken, to take and detain, until the said moiety, and arrears thereof, shall be well and truly satisfied and paid, together with all costs and damages for the same. And his said royal high- ness, for himself, his heirs and assigns, doth covenant and grant, to and with the said William Penn, his heirs and assigns, by these presents, that his said royal highness, his heirs and assigns, will at any time or times hereafter, during the space of seven years next ensuing the date hereof, upon the request, and at the costs and charges in the law of the said William Penn, his heirs and assigns, do, make, and exe- cute, or cause or procure to be made, done, and executed, all and every such further act and acts, conveyances and assur- ances in the law whatsoever, for the further conveying and assuring the said tract of land, and all and singular other the premises, with the appurtenances, unto the said William Penn, his heirs and assigns for ever, as by the counsel learned in the law of the said William Penn, his heirs or assigns, shall be reasonably devised, advised, or required. And his said royal highness hath hereby made, constituted, and appointed John Moll, of New Castle aforesaid, esquire, and Ephraim Harman, of New Castle aforesaid, gentleman, jointly, and either of them severally, his true and lawful attorneys, and by these presents doth give and grant unto the said John Moll and Ephraim Harman, his said attorney's, or either of them, full power and authority for him, and in his name and stead, into all and singular the premises hereinbefore men- tioned, or intended to be hereby aliened, enfeoffed, and con- firmed, and into every or any part or parcel thereof, in the name of the whole, to enter, and quiet and peaceable posses- sion and seisin thereof, or of any part or parcel thereof, in the name of the whole, to take and receive. And after
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.