USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 63
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1 New Castle Records, pp. 268, 269.
-
603 .
CHARLES II.
land, soil, and premises in the said instrument of indenture mentioned, and according to the true intent and meaning of his said royal highness, mentioned in the same. Witness our hands, on Delaware River, this 7th of November, in the 34th year of his majesty's reign, A. D. 1682.
" Signed, Luke Watson, William Clark, Francis Whitwels, John Hylliard, Norton Claypoole, John Vines, Alexander Molestyn,1 John Hill, Helmanus Wiltbank, Alexander Draper, Samuel Gray,1 Edward Cantwell, John Avery.
" Memorandum. The word ' soil' interlined in the original, before signing."2
" A writ," under Penn's hand and seal, to Peter Bancomb, Nov. 18. the sheriff of Jones county, requires him to summon all free- Writ to call holders to meet on 20th instant, and elect out of themselves a court at New Castle, seven persons of most note for wisdom, sobriety, and integrity, on 20th. to serve as their deputies and representatives in general as- sembly, to be held at Upland in Pennsylvania, December 6th next, and then and there to consult with him for the common good of the inhabitants of that province, and adjacent coun- ties of New Castle, St. Jones, and Whorekill, alias Deal, under his charge and jurisdiction, and true return to make to William Penn.
Same day he appoints John Vines sheriff of Whorekill, alias Deal, and directs him to hold an election for seven re- presentatives.3 Similar notices were issued to the other counties.4
There is no date to the following document, the original of which is in the Land-Office, though the tenor of it indicates the period to have been between the issuing of the order for the election of council and assembly, and the time of meeting. It is a petition assigning their reasons for not choosing as many representatives as required, from ten inhabitants of Chester county, several of whose names cannot be deciphered :
" To William Penn, proprietary and governor of the pro- vince of Pennsylvania, and territories thereof .- The petition of the freeholders of the county of Chester, respectfully showeth, That in obedience to the writ sent to our sheriff, we have chosen twelve persons for our delegates to serve in the
1 Made their marks.
2 New Castle Records. Patent-Book A., No. 2, pp. 120, 121. Pea Patch Case.
3 Sussex Records, in Breviat.
4 See that for Bucks County, in Proud, vol. i.
1682.
Sheriff ap- pointed.
1
604
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
provincial council, but considering that the numbers of the people are as yet small, and that we have but few fit for or acquainted with such public business, and also that we are Petition of unable to support the charge of greater elections and assem- Chester county that blies. After our humble acknowledgments of the favour 12 only may intended us therein, we take leave humbly to request that three of the twelve which we have chosen may serve for pro- assembly, on vincial councillors, and the other nine for the assembly, which provincial councillors are John Simcox, for three years, Ralph Withers for two years, and William Clayton for one year, leaving it to thee to increase the number, as occasion shall serve, hereafter."
serve in council and
account of the small number of inhabitants.
[The following appear to be original signatures-James Browne, William Woodmancy, William Gross, Robert Randall, Robert Yarnall, John Sharpless, Albert Hendrickson, and three others. ]
[These being all in the same handwriting, are probably the nine for assembly-Joshua Hastings, Nathaniel Evans, Jo- seph Richards, Walter Martin, Thomas Minshall, William Rawson, John Martin, James Kennedy, Wm. Clayton, jun. ]
Nov. 18.
Friends' meetings ori- ginally held at Thomas Fairman's.
" At a monthly meeting, the 8th of 9th month, 1682: at this time Governor William Penn, and a multitude of Friends arrived here, and erected a city called Philadelphia, about half a mile from Shackamaxon, where meetings, &c. were esta- blished, &c. Thomas Fairman, at the request of the governor, removed himself and family to Tacony, where there was also a meeting appointed to be kept, and the ancient meeting of Shackamaxon removed to Philadelphia, from which meeting, also, other meetings were appointed in the province of Penn- sylvania."1 " This goes to prove," says Watson, "that the Friends' meetings were originally held at Shackamaxon, at the house of Thomas Fairman."2
Nov. 19. Market esta- blished at New Castle.
At a meeting of the deputy governor and justices in New Castle, on a commission directed to them by the proprietary, "touching the keeping a weekly constant market," it was resolved, " that Saturday, the 18th instant, shall be the first market-day, to be continued on every future Saturday, for this town, when all persons are desired to repair with their commodities to the fort in the market-place, at present ap- pointed for the same, and that the sheriff shall proclaim the
1 Abingdon Minutes, quoted by Watson, vol. i. p. 140.
2 Watson, ibid.
CHARLES II.
605
same to begin at 10 o'clock in the morning, and continue till 1682. 4 o'clock, P. M."1
Immediately after Penn's arrival, he despatched two per- sons to Lord Baltimore, "to ask of his health, offer kind November. neighbourhood, and agree upon a time the better to establish Penn's visit it." While they were gone, he went to New York, to pay to New York. his "duty" to the duke, in the visit to his government and colony,2 from which he returned towards the end of this month.
The province was divided into three counties, Philadelphia, Bucks, and Chester, and the territories into New Castle, Jones, and Whorekills, alias Deal. The names of the two last were, towards the close of the year (December 25) again changed; Deal to Sussex, and Jones to Kent, and Penn directed that Cape Henlopen be called Cape James.3
Penn, upon his arrival at Upland, changed its name, as Upland thus related by Clarkson : "This was a memorable event, (alluding to his calling an assembly there,) and to be distin- guished by some marked circumstance ; he determined, there- fore, to change the name of the place. Turning round to his friend Pearson, one of his own society, who had accompanied him in the ship Welcome, he said, ' Providence has brought us here safe; thou hast been the companion of my perils ; what wilt thou that I should call this place ?' Pearson said, ' Chester, in remembrance of the city from whence he came.' William Penn replied, that it should be called Chester, and that when he divided the land into counties, he would call one of them by the same name also."4
A. Brockholls, deputy governor of New York, issues a de- December 1. claration to the justices of the three lower counties. After Declaration reciting the two deeds of feoffment to Penn from the Duke of York, and the appointment of Moll and Harman as attorneys cil of New to deliver possession, says, "and we being fully satisfied (after seeing the indentures) of the said William Penn's right to the possession and enjoyment of the premises, have therefore thought fit and necessary to signify and declare the same to you, to prevent any doubt or trouble that might arise or ac- crue, and to give you our thanks for your good services done in your several offices and stations, during the time you re- mained under his royal highness's government, expecting no further account than that you readily submit and yield all
of command- er and coun-
York, in fa- vourof Penn.
1 New Castle Records, p. 270.
2 Penn's Letter to Lords of Plantations.
3 Sussex Records, in Breviat. 4 Clarkson, vol. i. p. 259.
2 = 2
changed to Chester.
606
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
Moll's ac- count of the transactions of the deliv- ery of New Castle to Penn.
due obedience and conformity to the powers granted to the said William Penn, in and by the said indentures, in the per- formance and enjoyment of which we wish you all happiness. New York, 21st November, 1682."1
Before the receipt of this, as we have seen, Penn was in possession.
December 1.
John Moll, one of the commissioners to deliver possession, having accomplished the duty assigned him and Harman by the duke, drew up the following account of the whole trans- action :
" These are to certify all whom it may concern, that Wil- liam Penn, Esq., proprietary and governor of the province of Pennsylvania, and the territories thereunto belonging, at his first arrival from England, by the town of New Castle, upon Delaware, in the month of October, 1682, did send then and there one messenger ashore to give notice to the commis- sioners of his desire to speak with them aboard ; I being then left the first in commission, by Sir E. Andross, governor- general under his royal highness, James, duke of York and Albany, &c., of all his territories in America, did go aboard with some more of the commissioners, at which time Esquire Penn did show me two sundry indentures or deeds of enfeoff- ment from under the hand and seal of his royal highness, granted unto him, both bearing date the 28th day of August, Anno 1682, the one for the county of New Castle, with twelve miles distance north and south thereunto belonging, and the other beginning twelve miles below New Castle, and extend- ing south unto Cape Henlopen, together with the mills and waters of said river, bay, rivulets, and islands thereunto be- longing ; and underneath both which said indentures or deeds of enfeoffment, were added, by his royal highness, letters of attorney directed unto me and Ephraim Harman, deceased, with full power and authority for to give, in his royal high- ness's name, unto said William Penn, Esq., quiet and peaceable possession of all what was inserted in the said indentures, as above briefly specified ; that the said Ephraim Harman hap- pened to be gone from home, so that he was not at the time aboard with me, of the said ship; I therefore did desire from Esquire Penn twenty-four hours' consideration, for to commu- nicate with the said Harman and the rest of the commis-
1 See it at length, in Reg. Penns. vol. iii. p. 33. New Castle Records. Patent-Book A. 2, pp. 117, 118, Harrisburg.
607
CHARLES II.
sioners about the premises, in which compass of time we did unanimously agree to comply with his royal highness's orders. Whereupon, by virtue of the power given unto us by the above-mentioned letters of attorney, we did give and surren- Moll's ac- der, in the name of his royal highness, unto him the said William Penn, Esq., actual and peaceable possession of the fort of New Castle, by giving him the key thereof, to lock upon himself alone the door, which being opened by him again, we did deliver also unto him one turf, with a twig upon it, a porringer with river water and soil, in part of all what was specified in the said indenture or deed of enfeoffment from his royal highness, and according to the true intent and meaning thereof; and a few days after that, we went to the house of Captain Edward Cantwell, at the south side of Appoquinimy Creek, by computation above twelve miles distance from the town of New Castle, as being part of the two lower counties here above mentioned and specified in his royal highness's other indenture or deed of feoffment, and after we had shown unto the commissioners of these counties the power and orders given unto us as aforesaid, we asked them if they could show us any cause why and wherefore we should not proceed to act and do there as we had done at New Castle, and finding no manner of obstruction, we made, then and there, in his royal highness's name, the same manner and form of delivery as we had done at New Castle, which acting of us was fully accepted and well approved of by Anthony Brockholls, then comman- der-in-chief, and his council at New York, as appears by their declaration bearing date the 21st of November, 1682, from which jurisdiction we had our dependence all along, ever since the conquest, until we had made the above-related delivery unto Governor William Penn, by virtue of his royal highness's orders and commands, &c. JOHN MOLL."1
On Penn's arrival from New York, he found his messengers Penn re- returned from Maryland, and the time fixed for meeting Lord Baltimore the 19th December.
Agreeably to the summons, an assembly met on the 4th of Dec. 14. December, at Chester. We have not the names of all the First assem- members. Christopher Taylor, of Bucks ; President Moore, Chester. Philadelphia ; John Simcock, Chester ; William Clark, Deal; First day's Francis Whitwell, Jones's; Griffith Jones, Luke Watson, proceedings. Committees William Sample, William Yardly, Thomas Brassy, John appointed.
1 Recorder's Office, New Castle, Record B. 9, pp. 407-412.
1682.
count, con- tinued.
turns from New York.
bly meets at
:
608
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
Briggs, Ralph Withers, are mentioned on the first day, as on committees of election and privileges, and a committee " for justice and grievances" was appointed, the former to meet at 8 o'clock, A. M .; N. Moore was appointed its chairman next day, who is generally mentioned as the president of the assembly also, though the minutes, as inserted in the " Votes of Assembly," make no mention of it.
Dec. 15. Second day's proceedings. Contested election.
Rules and regulations adopted by the house.
At a meeting of the assembly, the speaker having taken the chair, the chairman of the committee of privileges and elections reported, " that Abraham Man and his party had made some illegal procedure the day of election at New Cas- tle, that he might be elected a member of the house, the sheriff of New Castle having been previously called to account: by the committee, for undue electing a member." The house, after hearing witnesses, declare John Moll to be duly elected. A committee of " foresight, for the preparation of provincial bills," was appointed out of the above two committees, viz. John Simcock, Christopher Taylor, William Clark, N. Moore, Griffith Jones, and Luke Watson. A committee was then appointed to be sent to the governor, " humbly to desire him to honour the house with a transmission of his constitutes," (" supposed to be the written constitution or proposed laws,") viz. Thomas Holme, surveyor-general, William Clark, Thomas Winn, and Edward Southrin. The governor replied, " they were not ready, but when ready he would send them by one of his servants." There was then a debate on fines upon delinquents, and the governor's power, by 6th article of " Charter of Methods," agreed to reprove offending members for first offence ; for second, reproval and fine of 12d., and so on for each, not to exceed 10s .; offenders to be brought to the bar. The whole house may resolve itself into a grand committee. No member to absent himself on a journey with- out leave. No question to be taken on a resolution " before seconded or thirded," when the matter may be discussed, and amendments made. All questions to pass in negative or affirmative. Any member presuming "to pervert the sense of questions agreed to by the house," shall be " put out of the house." Thos. Usher, sheriff of Chester, has leave of ab- sence for two days. "Two members elected to inspect which party carried it by the major votes, on diversity of votes arising in the house." In case of tie, speaker to have a casting vote. In a matter in debate, if the question arise,
609
of the as- sembly, con-
CHARLES II.
" whether the house now proceed or not," on division, the 1682. noes go out ; if for adjournment, the yeas. " None to speak - but once before the question is put, nor after but once." No member, in any discourse, to mention the name of another Proceedings member, but as "that member that last or lately spoke," only a member may be used by his office or sitting in a certain tinued. place, as "near the chair," &c. None to fall from the mat- ter to the person, and superfluous and tedious speeches may be stopped by the speaker. When the speaker leaves the chair, in grand committee, a chairman to be elected; when discharged, the speaker to resume his seat, and the chairman of grand committee to report in writing. The grand com- mittee never to adjourn without consent of the house. “No other committee to determine the right or property of the subject without leave of the house." "No private committee can alter a question agreed upon among themselves, without consent of the house." " Any member may have access to any committee, except committee of secrecy." Charter of order. Bills at committees to be considered by parts, pre- amble last. Bills not to be blotted, but mended in other papers, and voted singly. No erasures or interlineations. Clerk to read bills, then deliver to speaker, who, standing with bill in hand, reads title; this "the first reading; no member to speak till second reading, unless to cast it out." " If exceptions to a bill be not mendable at the table, then com- mitted, but no bill without exceptions committed ; if not com- mitted or rejected, then engrossed." He "that is against the body of a bill shall not be on a committee about that bill." No private bill to be introduced without leave; public bills, the matter to be opened before brought into the house. " No bill to repeal a law to be introduced without leave. Bills amended to be engrossed, but first in a full house; title endorsed on the back. Any member may offer any bill tend- ing to public good, except for levying taxes." " Any law, &c., constituted by a committee, shall not be in force except esta- blished by the whole house." ". A member speaking shall direct his discourse to the speaker, and stand up, that all may see him," and shall " have liberty in his speech, without interrup- tion from any member."
The speaker inquired "whether any absolute note of dis- tinction betwixt one officer and another should be concluded
77
610
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
on by a vote, as the carrying a white rod or reed." Left in suspense.
"A petition is presented for an act of union betwixt the freemen of the three lower counties, New Castle, Jones, and New Deal, and the freemen of the province of Pennsylvania, that as one united province, they may be endowed with the same privileges of law and government." This petition was accepted and approved of by the whole house. John Moll and Francis Whitwell, two members, delivered the aforesaid petition in the name of the rest of the freeholders, the names of several freeholders of the three aforesaid counties being subscribed.1
The petition for union.
This is probably that petition ; it was signed by seven per- sons from New Deal, six from St. Jones's, and five from New Castle : "humbly desiring that they may be favoured with an act of union, by the governor and assembly, for their incor- poration in and with the province of Pennsylvania, in order to the enjoyment of all the rights and privileges of the afore- said province, and that they might ever after be esteemed and accounted as freemen of the before-mentioned province. This being our desire and humble request in the assembly, we have desired the president and two other members of the up- per counties, part of this province, to present it to your honours, and if we are so happy to obtain our request, we will for ever acknowledge it, and in all faithfulness subscribe ourselves yours in all lawful obedience."2
" An act for the aforesaid union, (authorized by the gover- nor,) was twice read, and being put to vote, was carried in the affirmative."
" The act was read a third time, which afterwards, by the assent of the whole house, was appointed to be presented to the governor by the hands of the president and Christopher Taylor, two members of the house, in order to get his sub- scription as an established law, which the governor confirmed."
" A petition to the governor from the Swedes, Finns, and Dutch, is presented, that the governor would be pleased to make them as free as other members of this province, and that their lands may be entailed on them and their heirs for ever."
The remainder of this day's session was occupied chiefly with " the printed laws, and the written laws or constitutions,"
1 Votes of Assembly. 2 Breviat.
Third day's proceedings. Petition pre- sented from three lower counties for a union.
611
1682. -
~
CHARLES II.
which were taken up and discussed separately, and after being altered or amended, finally adopted, when the assembly ad- journed to half-past seven next day. The "power of the Free Society of Traders was also debated;" the result is not given.
They met again, December 7th : "The governor assuming Dec. 17. the chair, expresses himself after an obliging and religious Proceedings manner," and after signing " the bills for naturalization and of assembly, union, &c., delivered them to the speaker as his act and deed." continued. The president consults the governor on " divers material con- cerns." The governor then "urges upon the house his reli- gious counsel." " A debate arising," as to the time of ad- journment of the house, " the president endeavours to miti- gate," and " to affect the people with the governor's condes- cension, and that after a divine manner." The members of the lower counties " were in a great strait, by reason of being obliged to assemble again in twenty-one days." Two mem- bers are appointed to inform the governor of it, who return with intelligence that the governor is willing that the assem- bly adjourn for twenty-one days, which was done, by order of the speaker." [We have seen no account of this meeting, if it took place.]
Thus terminated the session of the first assembly, having, besides the act of union, and the act of settlement, or new constitution, passed, in little more than three days, the cele- brated body of laws called the " Great Law."
The following is the act of union and naturalization, which, though generally spoken of as two distinct enactments, appear to be embraced in one act :
" An Act of Union for annexing and uniting of the coun- Act of union ties of New Castle, Jones's, and Whorekill, alias Deal, to between Pennsylva- the province of Pennsylvania, and of naturalization of all nia and the foreigners in the province and counties aforesaid -- Since, by territories. the good providence of God, it hath graciously pleased King Charles II. of England, &c., for divers good considerations, to grant, by his letters-patent, under the great seal of Eng- land, to William Penn, son and heir of Sir William Penn, deceased, and to his heirs and assigns for ever, this province of Pennsylvania, according to the bounds therein expressed, with all requisite powers for the good government thereof, by such laws as he and they shall make, by and with the advice and consent of the freemen of the said province, or their
n
612
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
Act of union, continued.
1682. deputies, not repugnant to their faith and allegiance, and the legal government of the said realm; and it having also fa- vourably pleased James, duke of York and Albany, earl of Ulster, &c., to release his right and claim to all and every part thereof unto the said William Penn, his heirs and assigns, whereby the said William Penn is become the undoubted and rightful proprietary and governor of the province of Penn- sylvania, and is hereby fully and freely so recognised and acknowledged, and is a beneficial and requisite addition to the territory of the said proprietary and governor, it hath also pleased the said James, duke of York and Albany, earl of Ulster, &c., for divers good considerations, to grant unto the said William Penn, and his heirs and assigns, all that tract of land from twelve miles northward of New Castle, on the River Delaware, down to the south cape, commonly called Cape Henlopen, and by the proprietary and governor now called Cape James, lying on the west side of the said river and bay, formerly possessed by the Dutch, and bought by them of the natives, and first surrendered, upon articles of peace, to the king's lieutenant-governor, Colonel Nicholls, and a second time to Sir Edmund Andross, lieutenant-governor to the said duke, and hath been by him quietly possessed and enjoyed, as also the said River of Delaware, and soil thereof, and all islands therein, lately cast into three counties, called New Castle, Jones's, and Whorekill, alias Deal, together with all royalties, powers, and jurisdictions thereunto belonging, as by two deeds of feoffment, bearing date the 24th of the 6th month, called August, 1682, doth more at large appear. And forasmuch as there must always be a people before there can be a government, and that people must be united and free, in order to settle and encourage them, for the prosperity of the government ; and since the inhabitants of the tract of land lately passed from the duke as aforesaid, are not yet thereby under the same capacity that those are that belong to the province of Pennsylvania; and whereas the freemen of the said counties have, by their deputies, humbly besought their present proprietary and governor to annex the said counties to the province of Pennsylvania, and to grant unto them the same privileges, and that they may live under the same laws and government that the inhabitants of the said province now do, or hereafter shall enjoy, and since the union of the two distinct people that are under one governor, is
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