USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 62
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593
W. MARKHAM, DEPUTY .- CHARLES II.
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 Deed of 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 J. Werden and George Mann."1
Having arranged all his business matters, and provided a Sept. 11. ship for his departure, William Penn prepares to embark on board the ship Welcome, Captain Robert Greenway, master, of 300 tons. After writing a pathetic letter of advice to his wife and children, in company with several friends he departed for Deal, where he embarked, with about one hundred pas- sengers, chiefly Quakers, for Pennsylvania, the names of whom, with few exceptions, are now unknown to us. On the 30th August, he addressed, from the Downs, "a salutation to all faithful friends in England," which is in print.2 On or about the 1st of September, they took their final departure. Claypoole writes on the 3d, " we hope the ' Welcome,' with William Penn, is gotten away clear."3
Markham is again present at a court at Upland; his name Sept. 22. does not again appear.
It is probable that soon after the arrival of Markham and the commissioners, they entered upon the discharge of their Sept. 29. duties. The purchase of land from the Indians has already been noticed, and there are numerous warrants for the survey
1 Reg. Penns. vol. i. pp. 429-430. 2 See " The Friend," vol. i. p. 47.
3 Clarkson, vol. i. p. 242, where see the letter to his wife, &c. Proud, vol. i. p. 228. 75
3D 2
1
1682.
feoffment of territories, continued.
Penn sails from Eng- land for Pennsylva- nia, in the Welcome.
Markham at court.
594
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. of lands, issued by them throughout the year, as may be seen by the public records. But the primary object of their com- mission (see page 527) appears to have been the selection of Location of Philadel- phia. a suitable location for " a great town." After providing for the comfortable accommodation, on their arrival at Upland, of the emigrants who no doubt accompanied them, the com- missioners were instructed by Penn to make a careful exami- nation, by sounding, of " the rivers and creeks," on his " side of the Delaware," especially "Upland," to ascertain " where most ships may best ride, of deepest draft of water." Their first attention would be naturally directed to Upland, but how far up the river this examination extended, is perhaps unknown. Tradition says that Pennsbury was at one time selected for the town. The commissioners, however, as is well known, determined otherwise, by fixing the present site between Delaware and Schuylkill. When this choice was made, we have no means of ascertaining, but we presume, from the extract of a letter on page 579, that it must have been early in the year. As we have shown already, this site was early granted by the court of Upland to several Swedes named Swenson, from whom it was purchased, or to whom other land was given in exchange for it. On the arrival of the surveyor-general, in June, he and the commissioners probably proceeded to lay off the ground into streets and lots, as nearly conformable to the general directions of Penn as possible ; names were assigned to the streets different from those which they now bear, as, for instance, Mulberry was Holmes street, Chestnut, Winn street, Walnut, Pool street, &c .; and it is believed that the city itself received its pre- sent name about this time. These names were probably changed, and other alterations made, after Penn's arrival, which perhaps he alludes to, in his letter in 1683, when he says, " Philadelphia is at last laid out, to the general content of those here." The first residences of the settlers were First born in caves dug into the river bank; in one of these, John Key was the first born child of English parents.
Philadel- phia.
Distribution of lots, &c.
On the 19th of 7th month, (September,) there was a dis- tribution of lots on several streets, as we learn from a copy of a record furnished by a friend, from an original book of warrants and surveys, then in the Recorder's Office of this city, which, unfortunately for our present purpose, cannot now be found. It is a certificate placed in connection with
595
W. MARKHAM, DEPUTY .- CHARLES II.
en
n. the names of the purchasers of Second street lots, No. 1 1682. f to 54 :
" These lots were drawn before us, this 19th of 7th month, 1682 .- Signed, William Markham, Thomas Holme, William Haig, Griffith Jones."
A similar certificate accompanies the drawing of Broad street lots, Fourth street lots, and Back street lots, &c.1 The first house was commenced by George Guest, in Front street, near the dock, and was unfinished when Penn arrived.2 Within less than a year thereafter, fourscore houses were erected.3
Claypoole says, " above fifty servants belonging to the so- October 1. ciety are going away in a great ship for Pennsylvania ; would Large ship suppose it is this night in the Downs ; it is about 500 tons,
sails for Pennsylva- called the Geoffrey, Thomas Arnold, master. William Penn, nia. Sixty and those friends in the Welcome, we hope may be half way or seventy servants, there. There have been divers false reports to discourage and many people, as, of a ship from Bristol, with friends, being cast others on board.
away, and that Carolina was seized by the Spaniards."
And two days later, he says, " Captain Arnold is in the October 3. Downs. I have sent by him an honest man, to build a house and plant an orchard, and clear some ground." He wants two negro men, and directs them to be sent " to John Goodson, chirurgeon to the Society of Traders, at Upland, in Pennsyl- vania, or, in his absence, to Ralph Withers, to whom I have given a letter of attorney to be deputy treasurer to the society till my arrival." " In the ship in the Downs is the president of the society, with about sixty or seventy servants, besides many other passengers. It is a great ship, near 500 tons, and never was at sea. We reckon there may be near one thousand people gone this year."4
Penn, not many months after the death of his own mother, was again afflicted by the decease of his wife's mother, Mary Penington; she was to be buried on this day, 7th month, 21st, of course after Penn's departure from England. Under this date, Claypoole also, speaking of a servant whom he was sending over, says, "I expect he should enter upon my land where the first city is intended to be built."5
1 See Appendix.
2 Proud, vol. i. p. 235.
3 The author hopes to avail himself of further information respecting the city, in his second volume, which want of space in the present precludes.
4 Claypoole's Letters.
5 Ibid.
1
596
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
Thomas Dungan was commissioned, by the Duke of York, to be governor of New York.1
November. Arrival of President Moore, &c.
About this time, the ship in which, as before stated, Presi- dent Moore, sixty or seventy servants, and numerous other passengers left England, arrived in Pennsylvania, having had only twenty-nine days' passage. Another ship arrived about the same time, having been equally fortunate.2
Deaths by small-pox on the passage.
After a prosperous passage of about two months, as Penn November 3. himself informs the " lords of plantations," he arrived on the Wm. Penn arrives at the capes. 24th of October, which was for many years observed as the anniversary. But as a record of it at New Castle places it on the 27th there, the only way to reconcile the two appears to be, to suppose that he intended to speak of his arrival at the capes. On the passage, several were attacked with small- pox, and many died. Richard Townsend, who was a fellow- passenger, thus speaks of Penn's services : "his good con- versation was very advantageous to all the company. His singular care was manifested in contributing to the necessities of many who were sick with the small-pox then on board, out of which company about thirty died." " We had many good meetings on board."
The arrival of William Penn at New Castle is thus re- November 7. corded :
Record of Penn's arriv- al. Taking possession of New Cas- tle.
" October 28-On the 27th day of October, arrived before the town of New Castle, in Delaware, from England, WILLIAM PENN, Esq., proprietary of Pennsylvania, who produced two certain deeds of feoffment from the illustrious prince, James, duke of York, Albany, &c., for this town of New Castle, and twelve miles about it, and also for the two lower counties, the Whorekills and St. Jones's, which said deeds bore date the 24th August, 1682; and pursuant to the true intent, purpose, and meaning of his royal highness in the same deeds, he the said William Penn received possession of the town of New Castle, the 28th of October, 1682."3
This proves that Penn, when he spoke of his arrival as on the 24th, must have intended his entrance into the bay or capes.
The following memorandum and certificates show the fact of delivery, and the ceremony by which it was attended :
"New Castle, the 28th October, 1682 .- Memorandum,
1 London Documents, vol. iv. p. 133. 2 Claypoole's Letters.
3 New Castle " Old Records transcribed," p. 261.
597
CHARLES II.
that the day and year first above written, William Penn, Esq., 1682. by virtue of an instrument of indenture, signed and sealed by his royal highness, James, duke of York, &c., did then and there demand possession and seisin of John Moll, Esq., and Ephraim Harman, gentleman, (attorneys constituted by his royal highness,) of the town of New Castle, otherwise of New Cas- called Delaware, with twelve miles circle or compass of the tle, said town; that the possession and seisin was accordingly given by the said attorneys to the said William Penn, accord- ing to the usual form, by delivery of the fort of the said town, and leaving the said William Penn in quiet and peace- able possession thereof, and also by the delivery of turf and twig, and water and fowler of the River Delaware, and that the said William Penn remained in the peaceable possession of the premises, as witness our hands and seals, the day abovesaid, and when the words and water and soyle of the River Delaware were interlined before us. Signed, Thomas Holme, William Markham, Arnoldus de la Grange, George Forman, James Graham, Samuel Land, Richard Tugels, Jo- seph Curles, John Smith."2
The inhabitants of New Castle formally make the following pledge of obedience to Penn :
" We, underwritten, being inhabitants of the town of New And submis- Castle, upon Delaware River, having heard the indenture sion of the inhabitants. read made between his royal highness, James, duke of York and Albany, &c., and William Penn, Esq., governor and pro- prietor of the province of Pennsylvania, &c., wherein the said duke transferreth his right and title to New Castle, and twelve miles circle about the same, with all powers, and juris- dictions, and services thereunto belonging, unto the said Wil- liam Penn, and having seen, by the said duke's appointed attorneys, John Moll and Ephraim Harman, both of New Cas- tle, possession given, and by our governor, William Penn, Esq., possession taken, whereby we are made subjects, under the king, to the said William Penn, Esq., we do hereby, in the presence of God, solemnly promise to yield to him all just obedience, and to live quietly and peaceably under his govern- ment. Witness our hands, this 28th day of October, Annoque 1682. Signed, Arnoldus de la Grange, J. de Haes, H. V. D. Bricth, William Simpill, John Holmes, Hendrick Lem-
1 So in the record, but evidently intended for soyle.
2 New Castle Records. Pea Patch Case, p. 21.
1
Certificate of witnesses to the delivery
1
.
598
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
mons, Joseph Moore, James Parmes, Jonas Arskins, Giles sta Barrotts, Pieter Classen, Samuel Land."1 F
On the same day he appointed William Markham his attor- ney to receive from Moll and Harman possession of counties below New Castle, which was accomplished a few days after- wards.
One of Penn's first acts, after taking possession, was to November 7. commission justices of the peace for New Castle. The ori- ginal commission is preserved at Harrisburg, in the Land- Office, from which we have copied the following :
Penn's com- mission to justices at New Castle, and their ob- ligation.
" William Penn, Esq., proprietor and governor of Pennsyl- vania, New Castle, St. Jones, Whorekills, alias Deal, with their proper liberties :- I do, in the king's name, hereby con- stitute and authorize you, John Moll, Peter Alricks, Johannes de Haes, William Simple, Arnoldus de la Grange, and John Cann, to be justices of the peace, and a court of judicature, for the town of New Castle, upon Delaware, and twelve miles north and west of the same, to the north side of Duck Creek, whereof any four of you shall make a quorum, to act in the said employment and trust, for the preservation of the peace and justice of the province, according to law, hereby willing and charging all persons within the said limits, to take notice hereof, and accordingly to yield you all due and just obedience in the discharge of the said trust. And this commission to be of force for the space of one whole year, or until further ordered. Given under my hand and seal, in New Castle, this 28th day of October, 1682. WILLIAM PENN.2
" For my loving friends, John Moll, Peter Alricks, Jo- hannes de Haes, William Simple, Arnoldus de la Grange, and John Cann," whose acceptance and obligation, signed by themselves, is also preserved, as follows :
" We, whose names are here subscribed, being by William Penn, Esq., proprietor and governor of the province of Penn- sylvania and New Castle, &c., appointed justices of peace for the town of New Castle, upon Delaware, and twelve miles north and west of the same, to the north side of Duck Creek, do hereby, in the presence of God, declare and solemnly pro- mise that we will, by the help of God, be just and true, and faithfully discharge our trust, in obedience to the same com- mission, and act therein according to the best of our under-
1 New Castle Records. Patent-Book A 2, p. 121, Harrisburg.
2 All of the signature, except a part of the flourish, torn off by some Vandal.
t
599
1682.
November 7. Another first-born.
CHARLES II.
standings. Witness our hands and seals. Given at Dela- ware, the 28th October, 1682." [Signed by all of them.]
John Carver, and Mary his wife, came over with Penn; their daughter Mary, who married Isaac Knight, of Abingdon, is stated to have been "one of the first children born of English parents in Pennsylvania." Her birth is dated 28th of 8th month, 1682. In a printed memorial of her, it is said, " she was born in or near Philadelphia." If the date of her birth be correct, she must have been born on the day of Penn's landing at New Castle. Giles Knight and wife, and son Joseph, also came over with Penn.1
From the following instructions, the original of which is in November 8. the Land-Office, it would appear, that on the next day after Letter of landing, Penn was at Upland, unless he dated the order as from Penn, with notices to at- tend court at New Cas- tle. that place while at New Castle, considering the former, for the time being, as his seat of government. The notice, at any rate, appears short, only three days before the meeting.
" Ephraim Harman-With my love, this is to desire thee to despatch away a messenger, upon receipt hereof, with the enclosed letters, to the several persons and places they are directed to, that so they may be at New Castle, at the court, the 2d of 9th month, in which thou wilt oblige thy loving and true friend, WILLIAM PENN.
" Upland, 29th of 8th month, 1682.
" Salute me to thy wife and kind neighbours.
" Direct the enclosed letters and seal them. I will pay the W. P."2
messenger.
William Penn notifies William Clarke, Luke Watson, John A notice to Roads, John Avery, Hermanus Wiltbank, and Alexander attend the court. Molestyn, of the deeds of feoffment; desires them " to meet him next Thursday at New Castle, (November 2,) where he intends holding a general court for settling jurisdiction of these and your parts, in which they will oblige him. If there be any persons of note, or others, that desire to be present, they may come freely."3
James Harrison, afterwards Penn's steward, and who be- November 9. came also a useful public man, having, on the 5th September, left Liverpool in the ship " Submission," Captain James Set- tle, in company with Phineas Pemberton, his son-in-law, and
1 Smith's Pennsylvania, in Reg. Penns. vol. iii. p. 274.
2 Copy from original in Land-Office at Harrisburg.
3 Sussex Records, Breviat.
600
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
Arrival of James Har- rison, Phi- neas Pem- berton, and others.
their wives, children, and servants, and others, to the number of forty or fifty, (whose names are recorded in Bucks county,) arrived in Patuxent River, on the 30th October, where they were carried through the dishonesty of the captain, and much to their disadvantage. By the terms of their agreement, Settle was to receive £4, 5s. per head for each person over twelve years of age, and £2, 2s. 6d. for each under twelve years, and 30s. per ton for their goods, and was to proceed to the Delaware or elsewhere in Pennsylvania, to the best convenience of the freighters. Their goods were landed at Choptank, where Harrison and Pemberton left their families at the house of William Dickinson, to proceed by land to their place of destination, which was near the Falls of Delaware, in Bucks county. When they arrived at Philadelphia, such was the want of accommodation, that they were unable to procure accommodation for their horses, and were obliged to turn them into the woods to graze, and subsequently, after diligent search, were unable to find them again, and were compelled to proceed on their journey to the falls without them, by water. William Yardley, an uncle of Pemberton, had arrived before them, (September 28,) at the falls, taken up land, and commenced erecting a dwelling. Phineas con- cluded to settle there, and next spring purchased a tract of 300 acres, which he called "Grove Place," where they and their families did not arrive till May, 1683.1
Settlement in Bucks county.
Agreeably to notice, a court was held at New Castle, at which the proprietary was present. The following are the proceedings :
Nov. 12.
"A court was held at New Castle, in the name of our sovereign lord, King Charles II. &c., and by the commission and appointment of William Penn, Esq., proprietary and governor of Pennsylvania, &c., Thursday, 2d November, in the 34th year of his majesty's reign, A. D. 1682.
First court at New Cas- tle.
" Present, Right Honourable Proprietary, and Captain Wil- liam Markham ; Mayor Thomas Holme, Mr. William Haigh, Mr. John Simcock, Mr. Thomas Brazie, of the council ; John Moll, John de Haes, William Simpill, Arnoldus de la Grange, John Cann, justices. [See commission, October 28, 1682.]
" The right honourable proprietary, William Penn, by his public speech, directed to the inhabitants in general, did in
1 MSS. Biographical Sketch, by W. Carr, of Doylestown, prepared from reliable sources.
P
op
601
1682.
speech, con- tinued.
.
CHARLES II.
open court declare that he had appointed and called this court chiefly to signify and declare unto them, in a more public manner, First, that it had graciously pleased the illustrious prince, James, duke of York and Albany, &c., to give and Penn's grant unto him this town of New Castle and its precincts, with the counties of St. Jones and Whorekills, downwards, and therefore he was resolved, for the encouragement of all the inhabitants thereof, and for the better settlement, quiet, and satisfaction of them, first to state and settle their lands and possessions, and therefore he willed and desired them to bring in at the next court to be held within the town of New Castle, all their patents, surveys, grants, and claims, which they had to their lands, livings, tenements, and possessions, promising to ascertain, adjust, and confirm not only those as had a sufficient title and right, but also those as yet wanted a certain right to the same, so far forth as equity, justice, and reason could require.
" Second, the proprietary recommended to the magistrates, and desired them to take inspection, view, and look over their town-plots, to see and find out what vacant room may be found therein for the accommodating and settling of new- comers, traders, and handicraftsmen therein, and for the general and public good, and encouragement of the place and parts, of which he desired that an account might be given him.
" Thirdly, that if any person had requests or petitions to present to him, he willed them to do it, for an answer at the next court day.
" Fourthly. In regard that for want of a present assembly, there are not as yet fitting laws, regulations, orders, and by- laws for the country provided, he, the proprietary, therefore recommended the magistrates, in the interim, to follow and take the laws of his royal highness, provided for the province of New York, for their guide, so far forth as they are con- sistent, and not repugnant to the laws of England, assuring the inhabitants of this and the other two counties downwards, that they should have and enjoy, full and equal, the same privileges with those of the province of Pennsylvania, and that for the future they should be governed by such laws and orders as they themselves, by their deputies and representa- tives, should consent to, and that he would call an assembly for the purpose, as soon as conveniently might be, &c.
76
3 E
602
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
" The court adjourned till first Tuesday of December next."1
Nov. 17.
In obedience to the power given by Penn to William Mark- ham, to receive for him possession of that part of the terri- tories south of New Castle, delivery was made to him this day, agreeably to the following certificate from numerous witnesses :
Delivery of the territory below New Castle.
" Whereas, his royal highness, James, duke, &c., by one indenture bearing date the 24th day of August, in the 34th year of his majesty's reign, 1682, hath empowered and authorized John Moll, of town of New Castle, esquire, and Ephraim Harman, of same place, gentleman, to deliver pos- session unto William Penn, Esq., of all that part of Dela- ware River and Bay, from twelve miles distance from the town of New Castle, downward as far as Cape Henlopen, which his said royal highness, by the said deed first above mentioned, hath been pleased, upon certain conditions therein mentioned, to give and grant unto the said William Penn, Esq., as by the said indenture and deed, bearing date as above, respect being thereunto had, may more at large appear. And whereas the said William Penn, Esq., hath, by his letter of attorney, bearing date the 28th of October last past, em- powered and authorized Captain William Markham, of Upland, late deputy governor of the province of Pennsylvania, his true and lawful attorney, for him and in his name, but to his sole use and behoof, to demand and receive of the said John Moll and Ephraim Harman, as attorneys constituted by his said royal highness as aforesaid, delivery of possession of all the said tract of land on Delaware River and Bay, beginning twelve miles south of the town of New Castle, and extending south to the Whorekills, otherwise Cape Henlopen, as afore- said, and these are therefore to testify and declare unto all whom these presents may concern, that we whose names are here underwritten, on the day of the date thereof, have been present and seen that the said John Moll and Ephraim Har- man, in pursuance of his royal highness's command, and by virtue of the power given them by and in the first above- mentioned instrument of indenture, bearing date as above, have given and delivered actual possession unto the said Captain William Markham, to the sole use and behoof of the said William Penn, of part in the name of the whole of the
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