USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. III > Part 3
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The next disturbance occurred in 1671, with the Mantas (or Maquas) tribe of Indians, near Burlington. The first military organization was established for mutual defence, but the Indian chiefs arrested and shot the offenders, thus proving their friend- ship for the whites.
But a more important disturbance of the peaceful progress of affairs occurred in 1673, and the re-establishment of the Dutch authority for sixteen months altered many of the existing arrange- ments for that period. The war between the Dutch and English, which commenced in 1662, was felt on the Hudson and Delaware in July, 1663, when a Dutch fleet appeared before the English
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Under the Duke of York.
fort on Staten Island, which surrendered to the authority of the prince of Orange without firing a shot. Anthony Colve was made governor-general of New Netherlands, and Peter Alricks com- mander on the Delaware. Liberal concessions were made to the people, among which were free trade with Christians and savages, freedom of conscience and equal rights; and three courts were established-one at New Castle, one at Whorekill, and one at Upland (now Chester), the latter having authority over Philadel- phia. The lands and goods of the king of England and his offi- cers were confiscated. All this was reversed by the treaty in Feb- ruary, 1674, between the English and Dutch, and authority was formally reassumed by the English in November, being the final extinction of the Dutch authority in America for ever.
All former rights, privileges, and concessions under the English government and proceedings under the Dutch government were confirmed by Major Edmund Andros, the new governor under the duke of York. The latter, being doubtful of the renewal of his former title to the extensive territories in America granted by Charles II., known as New York, New Jersey, and the Settle- ments on the Delaware, obtained a new grant from the Crown.
Governor Andros encouraged settlers, granting fifty acres of land to each. He visited the settlements in person, and held a special court at New Castle in May, 1675; at which a church was authorized to be established and paid for out of the taxes, as well as the maintenance of the minister. All this was done away with subsequently by Penn. By the same court the first road-laws were passed and a ferry established.
The settlements were extended above the falls at Trenton by purchases from the Indians by the duke of York from 1675 to 1678. The Indians were the Senecas, the Susquehannas, and other "river" tribes.
In 1677 the Upland court levied on each tithable person twenty- six guilders as poll-money for " defraying of the public charges ;" there were seventy-three taxables, or about one hundred and fifty to two hundred men, women, and children, living in our own boundaries. Light as the taxes were at that day compared with those of this time, they were collected with difficulty.
This Upland court continued its jurisdiction for five years, granting lands to various settlers and taking cognizance of most of the affairs of the people of the time. November 12th, 1678, by an agreement with the president of the New Castle court, the boundary-lines between New Castle county and Upland county were defined, the latter being the first time the territory of our city was so defined, even to the time of Penn. Upland was the place of meeting until June 8th, 1680, when the court, taking into consideration that Upland was at the lower end of the county, resolved thereafter " to sett and meet att ye town of Kingsesse in y® Schuylkills." It adjourned on the 14th of June, 1681, and on
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Annals of Philadelphia.
the 21st, Anthony Brockholls, in the absence of Governor Andros, issued letters mandatory "to ye severall Justices of ye Peace, mag- istrates and other officers Inhabiting within ye bounds and Limits above mentioned, now called Pennsylvania," informing them that on the 4th of March preceding the king had granted to "William Penn, Esquire, a certain tract of land in America, bounded east by the Delaware River, from twelve miles' distance northward of New Castle towne, unto the three-and-fortieth degree of northern latitude," etc., etc .; and that the said William Penn had commis- sioned William Markham to be his deputy governor, who had shown his authority. "Therefore thougt fitt to Intimate ye same to you, to prevent any doubt or trouble that might arise, and to give you or [our] thankes for yor good Services done in yor severall offices and stations during ye tyme you remained under His Royal Highness's Government; Expecting noe further ac- count than that you readdily submit, and yeeld all due obedience to ye sd Letters Pattent, according to ye true Intent and meaning thereof, in ye prformance and Injoyment of wch wee wiesh you all happiness."
Thus ended a court peculiar to itself, exercising almost despotic rule over the private and public affairs of the citizens, frequently without jury deciding cases civil, criminal, ecclesiastical, and of equity. It granted lands or ordered agreements with Indians ; ruled church affairs and raised taxes for their support ; it appointed guardians and administrators ; made settlements of estates ; regu- lated the sale of servants and took care of lunatics. Its process was by summons on petition, as it had no prosecuting attorney, and its execution was against property, and not the person, as there was no jail. It was a court of law and equity, and its decisions were respected.
CHAPTER V.
THE GRANT TO PENN AND SAILING OF MARKHAM, 1681.
HAVING taken a rapid survey of the settlements on the Del- aware, and their progress from the time of the Indians under the rule of the Dutch, the Swedes, and the English under the duke of York, until the royal grant to William Penn, it will be necessary to allude to certain events that occurred during the latter twenty years of this period to show why and how Penn became interested and owner in lands in Pennsylvania.
The extensive rights in America bestowed upon the duke of York covered, besides other territory, the State of New Jersey, and of course the eastern side of the river Delaware, while his right to absolute proprietaryship of lands on the western side of the river was doubtful ; most probably he held them only as trus-
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Sailing of Markham.
tee for the king. In 1664 he sold New Jersey to Lord Berkeley and Sir George Carteret, and settlements were made at Newark, Elizabeth, and Shrewsbury by English and Scotch and from the adjoining settlements in New York. Lord Berkeley sold his interest in 1675 to Edward Byllinge, who was a Friend. Byl- linge, becoming reduced, conveyed his interest to trustees for his creditors. Penn was one of these trustees, and in the manage- ment of the estate became acquainted with the land on the west- ern side of the Delaware.
Penn, having himself suffered for his religious belief, con- ceived the idea of founding a colony where entire freedom in religious thought should be allowed and civil liberty would pre- vail, and be an asylum for the oppressed of all nations. When the king, who owed his father money and a debt of gratitude for services rendered, proposed to make him a grant of this land, he accepted it, and at once proceeded to found a colony and develop its resources. We are thus about to enter on the history of Philadelphia at a momentous period.
Penn at the time of the grant to him in 1681 was thirty-seven years of age, and had married Gulielma Maria Springett in 1672. In his advocacy of the belief of Friends he was ardent and con- sistent, frequently suffering imprisonment for his principles. The duke of York, at his father's deathbed, had promised him to be- friend his son, and therefore the more readily gave his assistance and consent in establishing a colony in Pennsylvania. The king owed his father's estate sixteen thousand pounds.
Under these circumstances a charter was issued at Westminster, January 5th (later style, March 4th), 1681, constituting Penn absolute proprietor of all that tract of land contained within the present limits of Pennsylvania, and investing him with the power of government therein, and making him substantially independent of the royal authority. The grant covered "the tract bounded on the east by the Delaware River, from twelve miles distance northward of New Castle town unto the three-and- fortieth degree of north latitude, if the said river doth extend so far northward; if not, then by the said river as far as it does ex- tend; and from the head of the river the eastern bounds are to be determined by a meridian line drawn from the head of the river unto the said forty-third degree." It was to extend west- ward five degrees in longitude from the eastern bounds. On the north it was to be bounded by the forty-third degree, and on the south by a circle drawn at twelve miles' distance from New Castle northward and westward unto the beginning of the fortieth de- gree of northern latitude, and then by a straight line westward to the limits of longitude. It gave him all property in the lands and waters, the woods and mines, and all fish; authority to make laws for the raising of money, with the consent of the greater part of the freemen or their delegates ; power to appoint officers,
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Annals of Philadelphia.
pardon crimes, constitute courts, and nominate judges to maintain . the laws of England and the Province, the provincial laws to be transmitted to England within five years after their passage for approval; authority to lay out towns, cities, and counties ; to make fairs and markets, seaports and harbors; to impose custom duties, subject to the royal customs ; to punish savages, pirates, and robbers; to raise militia and make war against enemies by sea or robbers by land; to put his prisoners to death or to save them, according to the laws of war; to dispose of lands, erect manors with power to hold courts-baron and hold view of frank- pledge. The king agreed not to levy taxes without consent of the Proprietary or chief governor, or of act of Parliament in England ; and that whenever twenty inhabitants should signify their desire the bishop of London might send them a preacher or preachers. For all this Penn was to send two beaver-skins annually to the castle at Windsor in token of fealty.
With such unlimited powers delegated to him, Penn says: "I took charge of the Province for the Lord's sake ; to raise a people who shall be a praise in the earth for conduct, as well as for civil and religious liberty ; to afford an asylum to the good and op- pressed of every nation ; to frame a government which may be an example; and to show men as free and happy as they can be. I have also kind views toward the Indians."
The charter was granted and signed at Westminster 5th of 1st month (or, by later style, on March 4th), 1681, and on the 10th of April, Penn issued a commission to Captain William Mark- ham, his cousin, as deputy governor. He wrote a letter dated the 8th of April to the inhabitants, informing them of the change in government and proprietaryship, also that they should be unmolested in their property, that they should make their own laws, and directing them to pay their annual dues to his deputy.
To Markham he gave instructions to call a council of nine, he presiding; to send his letter to the inhabitants, and take their acknowledgments of his authority ; to settle boundaries ; to sur- vey, sell, or rent lands; to erect courts and appoint officers ; to call to his aid any of the inhabitants ; to suppress tumults, make ordinances, or anything else needed except making laws.
Markham must have sailed with little delay, as he was at New York on the 21st of June, when Governor Brockholls issued a letter informing the people of the change. There seems to have been none to settle who came with him ; shortly after his arrival he came to Philadelphia.
A fac-simile of the charter granted by Charles II. to William Penn for the "Province of Pennsilvania," from the original in the office of the Secretary of the Commonwealth, has been beauti- fully printed in red and black on four sheets, to accompany the second series of Pennsylvania Archives, of which seven volumes are issued to 1879 by the State.
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Penn Founding his Government.
CHAPTER VI.
PENN FOUNDING HIS GOVERNMENT; HIS ARRIVAL IN AMERICA, 1681-1682.
IN April, Penn issued a pamphlet giving his views of the benefit of colonies, an account of the country, his thoughts on the constitutions ; laid down the conditions ; described who and what kind of people should go, what to take, and the cost, what was to be done on arrival, and finally an account of the estate and power granted to him. He concludes : "I desire all my dear country- folks" . . "to consider seriously the promises, as well as the present inconveniences, as future ease and plenty, that so none may move rashly or from a fickle, but solid mind, having above all things an eye to the providence of God in the disposal of themselves. And I would further advise all such at least to have the permission, if not the good liking, of their near relations, for that is both natural and a duty incumbent upon all. . .. In all which I beseech Almighty God to direct us, that His blessing may attend our honest endeavor, and then the consequence of all our undertaking will turn to the glory of His great name and the true happiness of us and our posterity. Amen.
" WILLIAM PENN."
Of the above he says : "The enclosed was first read to traders, planters, and shipmasters that know these parties, and finally to eminent Friends hereaway, and so comes forth. I have forborne pains and allurement, and with truth. W. P."
He issued a paper entitled "Certain Conditions and Conces- sions, July 11 [September], 1681," giving the terms of sale and the general necessary regulations. In this he gave directions for laying out "a large town or city," in which each purchaser was to have lots of ten acres in proportion to every five hundred acres of land he bought. Roads forty feet in breadth were to be laid out from town to town, and streets laid out. Two hundred acres to be the size of the town. Families or friends should have their lots and lands sold as near each other as possible. Mining was encouraged by the right to dig on any man's land, the miner paying the damages and giving two-fifths of the proceeds to the governor, one-tenth to the owner, one-fifth to the discoverer, and the rest to the public treasury, saving to the king the share re- served by patent. Every man was bound to plant or man his share within three years. All goods to be exported or sold to the Indians were to be bought and sold in the public market- place, and be inspected to see if they were good. The Indians were to be protected, dealt with, and have the same rights as the white man. The laws were to be carried out mostly as they were in England. All cattle, etc. were to be marked, to avoid strife. One acre out of every five cleared was to be left in trees, especially
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Annals of Philadelphia.
mulberries and oaks for silk and shipping. All ships and ship masters to be registered. No one to leave the place with- out publication being made in the market-place three weeks before.
In 1681 he was offered six thousand pounds for the monopoly of the Indian trade between the Susquehanna and Delaware Rivers, and two and a half per cent. rent by a company to be formed. He declined it, because " he would not defile what came to him clean."
In the next month he appointed his " trusty and loving friends, William Crispin, John Bezar, and Nathaniel Allen commissioners for the settling of the present colony this year transported into the Province," directing them to take especial care of those who embarked with them, and getting them comfortably fixed-to fix the site of his city or " great town " where "it is most navigable, high, dry, and healthy," and where ships could unload cheaply, particularly where the rivers run "up into the country." Ten thousand acres to be laid out for the town. Every share of five thousand acres to have one hundred acres of town-lots, or one pound per acre. "Be tender of offending the Indians. . . . Make a friendship and league with them. . . . Be grave; they love not to be smiled on." No islands were to be sold. The streets were to be straight, running back from the river, with "a storehouse on the middle of the key, which will yet serve for market- and state-houses too." They were directed to select the very middle of the plot on the street parallel with the river for his house, and his lot to be one-thirtieth part of the city, instead of one-tenth, or three hundred acres. The distance of each house from the river to be one quarter of a mile, or at least two hun- dred paces, because of building hereafter streets downward to the harbor. Every house to be put in the middle of the breadth of the lot, so as to leave " ground on each side for gardens or orchards or fields, that it may be a green country-town, which will never be burnt, and always be wholesome." Lastly, "See that no vice or evil conversation go uncomplained of or unpun- ished in any, that God be not provoked to wrath against the country."
This paper was witnessed by Richard Vickry, Charles Jones, Jr., Ralph Withers, Thomas Callohill, Philip Th. Lehn- mann.
At the same time he' sent a communication to the Indians breathing a spirit of goodwill and peace, amity and justice.
These commissioners, to whom were added William Haige, set sail near the end of October, in, most probably, the "John . and Sarah," of one hundred tons, Henry Smith captain. After it, in November, left the "Bristol Factor," Captain Roger Drew, landing at Upland December 11th, on the lower side of Chester Creek ; and as the river froze that night, they remained there all
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Penn Founding his Government.
winter. It is supposed the commissioners' families came with them, as did those of John Otter and Edmund Lovett; also Joseph Kirkbride, who was afterwards a preacher among Friends.
Applications for land and positions began to pour in upon Penn, not only from England, but various foreign countries, and he soon felt assured of success in his scheme. The press of business prevented him from going in person, as he had hoped to have done. Being desirous of affording facilities for trade, and to develop the commerce of his settlement, he char- tered a company from among the large purchasers for trade, manufactures, and agriculture. It was started on a grand scale, its charter, dated April 3, 1682, under the title of "The Free Society of Traders," granting extraordinary privileges and twenty thousand acres of land in trust. Factories were to be set up-one on the Delaware and another on Chesapeake Bay ; storehouses and ships were to be built ; peltry to be bought from the Indians. An agent in London was to sell the goods, and the business in Pennsylvania was to be managed by four officers. There was to be a secretary, treasurer, surveyor, and miner ; each officer to have a numerous corps of assistants, tradesmen, · laborers, bookkeepers, miners, fishermen, glassmakers, etc., etc. Of course all this tended to increase immigration, the people interested and to be employed in developing this scheme alone adding many to the population, which was increased by their families. But as people arrived and settled they probably found they could do better by themselves than in the company, and its schemes were not carried out. We give the names of many in- terested, as the descendants of some exist here to this day : Dr. Nicholas More, James Claypoole, Philip Ford, William Sherloe, Edward Pierce, John Symcock, Thomas Brassey, John Sweetapple, Robert Turner, John Bezer, Anthony Elton, John Bennston, Walter King, Thomas Barker, Edward Brookes, Francis Plumsted, Francis Burroughs, Edward West, John Crow, John Boy, Joseph Martin, Edward Pelrod, Thomas Holme, Griffith Jones, James Harrison, Isaac Martin.
Amidst all the business pressing upon him William Penn's mind was busy studying out the different systems of govern- ment and framing a body of laws for the new country. He took the advice of others, and amongst them that of his friend the celebrated Algernon Sidney, who was of great use to him. The result was " The Charter of Liberties," a "Frame of Gov- ernment," bearing date April 25, 1682. It commenced with a preface setting forth his views of the responsibilities of govern- ments, and ending with his idea of " the great end of all govern- ment-viz., to support power in reverence with the people, and to secure the people from the abuse of power, that they may be free by their just obedience and the magistrates honorable for VOL. III .- C
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Annals of Philadelphia.
their just administration ; for liberty without obedience is con- fusion, and obedience without liberty is slavery."
Then followed a preamble setting forth Penn's title and his own grant to the freemen of the Province. The body of the instrument declared there should be a governor and the freemen in the form of a Provincial Council and General Assembly. The first election by the freemen of the Province was to be held December 20, 1682 [February 12, 1683], for seventy-two persons of " note for their wisdom, virtue, and ability," to meet January 10th [March 10th], 1683, as a Provincial Council. The governor was to preside, and have " a treble voice." They were to prepare all bills for the consideration of the General Assembly, drafts of which were to be published thirty days before a meeting of the Assembly. They were to execute the laws, care for the public peace and safety, "settle the situation of all cities, ports, and market-towns in every county, modelling therein all public buildings, streets, market-places, and shall appoint all necessary roads and highways in the Province;" to inspect the public treasury, punish robbers or peculators thereof; to erect all public schools, and reward authors of useful sciences and laud- able inventions. The Council was divided into four commit- tees of eighteen each-on Plantations, on Justice and Safety, on Trade and Treasury, and on Manners, Education, and the Arts.
Two hundred persons or less might be elected by the freemen of the Province to the General Assembly at the same time as members of the Council. The first session was to be held in the capital town or city on the 20th of February [April], 1683. For eight days the members were to confer together, and on the ninth day to read over the several bills and decide on them. The pres- ent system is exactly the reverse, as the Assembly prepares the bills and the governor decides on them; then it was only the business of the Assembly to decide on the bills and suggest amend- ments. For the first year the General Assembly might consist of all the freemen of the Province, and afterward it should be chosen as mentioned.
Courts were to be established by the governor and Council. Judges, treasurers, and masters of the rolls to be chosen annually by the governor from double the number of names necessary pre- sented by the Council. The Assembly might impeach criminals, and might sit longer than nine days if necessary, or until dismissed by the governor and Provincial Council. Passing bills and im- portant business were to be done by ballot. If the governor should be an infant, his father by will might appoint three commission- ers, one of whom might act as deputy governor ; and in case of no such appointment the Provincial Council might exercise that authority.
This charter was followed, on the 15th of May, by the laws
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Penn Founding his Government.
passed in England and intended to be presented to the General Assembly of Pennsylvania at its first meeting. They confirmed the Charter of Liberties, and defined who were freemen thus: Every person who was an inhabitant and purchaser of one hun- dred acres and upward, such privilege transferable to his heirs and assigns; every one who paid his passage and took up one hundred acres and paid one penny an acre quit-rent, and culti- vated ten acres of it; every one who had been a servant or bond- man, and was free through service, that had taken up fifty acres and cultivated twenty of it; every inhabitant, artificer, or other resi- dent who paid scot-and-lot to the government, whether Swede, Finn, or Dutch, recognizing "the Almighty and Eternal God to be the Creator, Upholder, and Ruler of the world."
Elections were to be free. A bribe forfeited the vote and the right of office of the one who offered it. Contributions could only be raised by public tax according to laws made. Courts were to be open, and free to every one to plead his own cause. Process was to be regulated by complaint in court fourteen days before trial, with summons ten days before. Pleadings to be short and in English ; trials by juries of twelve men; indictments by the finding of a grand jury of twenty-four. Moderate legal fees were provided for.
There was established a prison and workhouse in each county ; bail for offences less than capital, and double damages for wrong imprisonment. Lands and goods were liable to pay debts, except where there was legal issue, and then all the goods and one-third of the land only. Wills in writing with two witnesses were valid. Seven years' quiet possession of lands gave right, except in the case of infants, lunatics, married women, and persons beyond the sea. Briberies and extortions were to be punished ; marriages encouraged, parents or guardians first consulted. Charters, gifts, conveyances of land, except leases for one year or under, and bills, bonds, and specialties above five pounds payable in not less than three months, were to be enrolled in county offices in a certain time or else to be void. Defacers or corrupters of charters, deeds, or other securities were to be punished. Births, marriages, burials, wills, and letters of administration were to be registered. Servants were to be registered, with their times of service, wages, and days of payment. The lands and goods of felons were subject to make double satisfaction to the party wronged, and in case of the want of lands and goods the felons were to be bondmen, to work in prison or workhouse, or otherwise, until the wronged party was satisfied. Estates of traitors and murderers were to go one-third to next of kin of the sufferer, and the remainder to next of kin of the criminal. Witnesses were to be protected, and allowed to testify upon their solemn promise to speak the truth. In case of perjury the false witness was to suffer the same penalty or punish- ment that would have been undergone by the persons against whom
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