History of Montgomery County, Pennsylvania, Part 24

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534

USA > Pennsylvania > Montgomery County > History of Montgomery County, Pennsylvania > Part 24

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).

"Locke, like William Penn, was tolerant; both loved freedom, both cherished truth in sincerity.

particularly recommended to Friends. Iu 1677 and 1678 five vessels sailed for West New Jersey, with eight hundred emigrants, nearly all Quakers. Two companies of these, one from Yorkshire, the other from London, bought large tracts of land, and sent out commissioners to quiet Indian titles and lay off the properties. At Chygoes Island they located a town, first called Beverly, then Birdlington, then Burlington. There was a regular treaty with the Indians, and the Friends not only secured peace for themselves, but paved the way for the pacific relations so firmly sealed hy Penn's subsequent negotiations with the savages. The Bur- lington colony prospered, and was reinforced by new colonists continu- ally arriving in considerable numbers. In 1680, Penn, as counsel for the trustees of West Jersey, succeeded, by means of a vigorous and able remonstrance, in getting the Duke of York, then proprietary of New York, to remove an onerous tax on imports and exports imposed by the Governor of New York and collected at the Horekill. The next year Penn became part proprietor of East New Jersey, which was sold under the will of Sir George Carteret, then deceased, to pay his debts. A board of twenty-four proprietaries was organized, Penn being one, and to them the Duke of York madea fresh grant of East New Jersey, dated March 14, 1682, Robert Barclay becoming Governor, while Penn's friend Bil- linge was made Governor of West New Jersey. Both of these govern- ments were surrendered to the crown in Queen Anne's reign, April 15, 1702.

But Locke kindled the torch of liberty at the fires of tradition ; Penn, at the living light in the soul. Locke sought truth through the senses and the out- ward world; Penn looked inward to the divine reve- lations in every mind. Locke compared the soul to a sheet of white paper, just as Hobbes had compared it to a slate, on which time and chance might scrawl their experience; to Penn the soul was an organ, which of itself instinctively breathes divine harmo- nies, like those musical instruments which are so curiously and perfectly framed that, when once set in motion, they of themselves give forth all the melodies designed by the artists who made them. To Locke 'conscience is nothing else than our own opinions of our own actions ;' to Penn it is the image of God, and his oracle in the soul. Locke, who was never a father, esteemed 'the duty of parents to preserve their children not to be understood without reward and punishment ;' Penn loved his children with not a thought for the consequences. Locke, who was never married, declares marriage an affair of the senses ; Penn reverenced woman as the object of fer- vent, inward affection, made not for lust, but for love. In studying the understanding, Locke begins with the sources of knowledge; Penn, with an inventory of our intellectual treasures. Locke deduces govern- ment from Noah and Adam, rests it upon contract, and announces its end to be the security of property ; Penn, far from going back to Adam, or even to Noah, declares that 'there must be a people before a gov- ernment,' and, deducing the right to institute gov- ernment from man's moral nature, seeks its funda- mental rules in the immutable dictates 'of universal reason,' its end in freedom and happiness. The sys- tem of Locke lends itself to contending factions of the most opposite interests and purposes ; the doc- trine of Fox and Penn, being but the common creed of humanity, forbids division, and insures the highest moral unity. To Locke happiness is pleasure ; things are good and evil only in reference to pleasure and pain, and to 'inquire after the highest good is as absurd as to dispute whether the best relish be in apples, plums, or nuts.' Penn esteemed happiness to lie in the subjection of the baser instincts to the instinct of Deity in the breast, good and evil to be eternally and always as unlike as truth and food, and the inquiry after the highest good to involve the pur- pose of existence. Locke says plainly that, but for rewards and punishments beyond the grave, 'it is certainly right to eat and drink and enjoy what we delight in;' Penn, like Plato and Fénelon, main- tained the doctrine so terrible to despots that God is to be loved for His own sake, and virtue to be prac- ticed for its intrinsic loveliness. Locke derives the idea of infinity from the senses, describes it as purely negative, and attributes it to nothing but space, dura- tion, and number; Penn derived the idea from the soul, and ascribed it to truth and virtue and God. Locke declares immortality a matter with which rea-

HISTORY OF MONTGOMERY COUNTY.

son has nothing to do, and that revealed truth must be sustained by outward signs and visible acts of power; Penn saw truth by its own light, and sum- moned the soul to bear witness to its own glory. Locke believed 'not so many men in wrong opinions as is commonly supposed, because the greatest part have no opinions at all, and do not know what they contend for ;' Penn likewise vindicated the many, but it was because truth is the common inheritance of the race. Locke, in his love of tolerance, inveighed against the methods of persecution as 'popish prac- tices ;' Penn censured no sect, but condemned big- otry of all sorts as inhuman. Locke, as an American law-giver, dreaded a too numerous democracy, and resolved all power to wealth and the feudal proprie- taries; Penn believed that God is in every conscience, His light in every soul ; and. therefore he built-such are his own words-'a free colony for all mankind.' This is the praise of William Penn, that in an age which had seen a popular revolution shipwreck pop- ular liberty among selfish factions, which had seen Hugh Peter and Henry Vane perish by the hang- man's cord and the axe; in an age when Sydney nourished the pride of patriotism rather than the sentiment of philanthropy, when Russell stood for the liberties of his order, and not for new enfran- chisements, when Harrington and Shaftesbury and Locke thought government should rest on property,

USTICE

ARMS OF PENN.

Penn did not despair of humanity, and, though all history and experience denied the sovereignty of the people, dared to cherish the noble idea of a man's capacity for self-government. Conscious that there was no room for its exercise in England, the pure en- thusiast, like Calvin and Descartes, a voluntary exile, was come to the banks of the Delaware to institute ' The Holy Experiment.'"

Upon the death of his father, William Penn fell heir to estates in England and Ireland, with an in- come of fifteen hundred pounds a year. The govern- ment was debtor to the estate of Admiral Penn for money loaned, amounting to fifteen thousand pounds.

Charles II. was not blessed with an excessive ex- chequer, nor did William Penn press for payment of the claim in money. This indebtedness was an avail- able basis for the colonial enterprise which he was projecting, and he therefore proposed to the king to grant him a tract of land in America, situated be- tween the country held under grants to the Duke of York and Lord Baltimore, or between Maryland and the Delaware River. Penn's negotiations were suc- cessful, not, however, without great effort upon his part, as his enterprise was considered utopian by influential members of the government, and looked upon with distrust by the agents and proprietaries of the Duke of York and Lord Baltimore. William Penn and his confidential advisers and coadjutors prepared the draft of charter, which was submitted to the scrutiny of both state and church authorities. Sir William Jones, attorney-general of the realm, the Lords of Trade, and the Bishop of London all passed upon the form and substance of the grant. It was finally signed by the king on March 4, 1681. (This historical paper1 is well preserved to this day,

1 CHARTER OF THE PROVINCE OF PENNSYLVANIA.

CHARLES THE SECOND, BY THE GRACE OF GOD King of Eng- land, Scotland, France and Ireland, defender of the faith, &c., To all to whome these presents shall come Greeting. Whereas our Trustie and Well beloved Subject, William Penn, Esquire, sono and heire of Sir Wil- liam Penu, deceased, out of a commendable desire to enlarge our Eog- lish Empire, and promote such usefull commodities as may bee of benefitt to us and our Dominions, as alsoe to reduce the Savage Natives by gentle and just mandere to the love of civill Societie and Christian Religion hath humbley hesought leave of vs to transport an ample colonie vnto a certaine Countrey hereinafter described in the partes of America not yet cultevated and planted. And hath likewiee huDibley besought our Royall majestie to give grant, and confirme all the said countrey with certaine priviledges and Jurisdiccons requisite for the good Government and saftie of the said Countrey and Colonie, to him and his heiree for- ever. KNOW YEE, therefore, that wee, favouring the petition aud good purpose of the said William Penn, and haveing regard to the memorie and meritts of his late father, in divers services, and perticulerly to his conduct, courage and discretion vnder our dearest brother, Jamee Duke of Yorke, in that signall battell and victorie, fought and obteyned against the Dutch fleete, comandled by the Herr Van Opdam, in the yeare One thousand six hundred sixtie five, in consideration thereof of our specia. grace, certaine knowledge and meere motion, Have given and granted, and by this our present Charter, for vs, our heires nud suc- cessors, Doe give and grant unto the said William Penn, his leires and assignee all that tract or parte of land in America, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance, Northwarde of New Castle Towne unto the three and fortieth degree of Northern latitude if the said River doeth extend soe farre Northwards; But if the said River shall not ex- tend sve farre Northward, then by the said River soe farr as it doth ex- tend, and from the head of the said River the Easterne hounds are to bee determined by a meridian line, to bee drawn from the head of the said River voto the said three and fortieth degree, the said lands to ex- tend Westwards, five degrees in longitude, to bee computed from the said Easterne Bounds, and the said lands to bee bounded on the North, by the beginning of the three and fortieth degree of Northern latitude, nod on the south, by a circle drawne at twelve miles, distance from New Castle Northwards, and Westwards vnto the begining of the fortieth de- gree of Northerne Latitude ; and then by a streight line Westwards, to the limitt of Longitude above menconed. WEE DOE alsoe give and grant voto the said William Penn, his heires and assignes, the free and vndisturbed vse, and continuance in and passage into and ont of all and singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, belong- ing vnto or leading to aud from the Countrey, or Islands aforesaid ; and all the soyle, lands, fields, woods, vuderwoods, mountaines, hills, fenne,

WILLIAM PENN.

and may be seen by visiting the State Department at Harrisburg.) The name of the new colony seems to have been left blank in the original draft of

Islee, Lakes, Rivers, waters, rivuletts, Baysaod Inletts, scituate or being within or belonging vnto the Limitts and Bounds aforesaid together with the fishing of all sortee of fish, whales, storgeoas, and all Royall and other fishes in the sea, bayes, lulette, waters or Rivers, within the premises, and the fish therein taken, and alsoe all veides, mines and quarries, as well discovered as not discovered, of Gold, Silver, Geaims and pretious Stones, and all other whatsoever, stones, metalls, or of any other thing or matter whatsoever, fouod or to bee found within the Countrey, Isles, or Limitts aforesaid ; and him the said William Pean, his heires and assigaes, WEE DOE, by this our Royall Charter, for vs, our heires and successors, make, create and constitute the true aad al- solute proprietaries of the Countrey aforesaid, and of all other, the premises, saving always to ve, our heires aad successors, the faith and allegiance of the said William Pean, his heires and assignes, and of all other, the proprietaries tenants and Inhabitants that are, or shall be within the Territories and preciocts aforesaid ; and saving alsoe vuto vs, our heires and Successors, the Sovreignity of the aforesaid Conatrey, TO HAVE, hold and possesse aad enjoy the said tract of land, Couatrey, Isles, Ialetts and other the premises, vato the said William Pena, his heires aod assignes, to the only proper vse and behuofe of the said Wil- liam Peon, his heirs and assigaes forever. To bee holden of vs, our heires and Successors, Kings of England, as of our Castle of Windsor, in our County of Berks, in free and comoo socage by fealty only for all services, and not in Capite or by Knigbts service, Yeelding and paying therefor to us, our heires and Successore, two Beaver Skins to bee de- livered att our said Castle of Windsor, on the first day of January, in every yeare ; and also the fifth parte of all Gold and silver Oare, which shall from time to time happen to bea found withia tha limitts afore- said, cleare of all charges, and of our further grace certaine kaowledge and meere mocon, wee have thought fitt to Erect, aad wee doe liereby Erect the aforesaid Countrey aad Islands, into a provinca and Seigniorie, aod doe call itt Pensilvania, and soe from henceforth wee will have itt called, and forasmuch as wee have hereby made, and ordeyned the afore- said William Penn, his heires and assignes, the true and absolute Pro- prietaries of all the Lande and Dominione aforesaid. KNOW YEE therefore, that wea reposing special trust and confidence in the fidelit.c, wisedome, Justice and provident circumspeccoo of the said William Penn, for vs, our heires and successors, Doe grant free, full and absolnte power, by vertne of these presents to him and his heirs, and to his and their Depnties, and Lieutenants, for the good and happy government of the said Countrey , to ordeyne, make, enact and vader bis and their Seales to publish any Lawes whatsoever, for the raising of money for the pub- lick vse of the said province, or for nay other end apperteyning either vnto the publick atate peace, or safety of the said Countrey, or vnto the private vtility of perticular persons, according vnto their best discre- tions, by and with the advice, assent and approbacon of the freemen of the said Countrey, or the greater parte of them, or of their Delegates or Depnties, whom for the Enacting of the said Lawes, when, and as often as need shall require. WE WILL, that the eaid Williani Peno, and his heires shall asseaible in such sort and forme ae to him and theai shall seeme best, and the same lawes duely to execute voto, and upon all peo- ple within the said Countrey and limitts thereof; and WEE doe likewise give and grant unto the said William Pena, and his heires, and to his and their Deputies and Lieutenants, such power and authoritie to ap- poiat aod establish any Judges, and Justices, magistrates and officers whatsoever, for what causes soever, for the probates of wills and for the grantiagofadministracona within the preciacts aforesaid, and with what power soever, and in such forme as to the said William Pepa, or his heires, shall seeme most convenient. Alsoe to remitt, release, pardon and abolish, whether before Judgement or after, all crimes and offences, whatsoever committed within the said Countrey, against the said Lawes, treasoa and wilfull aod malitious murder onely excepted; and in those cases, to grant reprieves untill our pleasure may bee knowne therein, aad to doa all and every other thing aod things which voto the com- pleate establishment of Justice vuto Courts and Tribnoalls, formes of Jndicature aod manner of proceedings doe belong, altho' in these pres- ents expresse mencoo bee not made thereof; aod by Judges by theo: delegated to award processe, hold pleas and determine in all the said Courte and Tribuaalls, all accoos, suita and causes whatsoever, as well criminall as civill, personall, reall and mixt, which Lawes 80 as afore- Baid, to be published. Our pleasure is, and soe Wee enjoyae require aad

the charter ; this was consistent with the modesty of Penn and his deferential disposition towards his royal friend, whose favor he evidently sought with extraor-

comand shall bee most absolute and avaylable in law, and that all the Liege people and Subjects of vs, our heires and successors, due observe aad keepe the same ioviolable in those partes, soa farr as they concerne them, vader the paine therein expressed, or to bec expressed. Provided; Nevertheles, that the said Lawes bee coasonaut to reason, and Lee nut repugnaat or contrarie, but as deere as conveniently may bee agreeable to the Lawes, statutes and rights of this oor Kingdomo of England, and saveing and reserving to vs, our heires and successors, the receiving, beareing and determining of the appeale and appeales, of all or any person or persons, of, ia or belonging to the territories aforesaid, or tonching any Judgement to bee there made or given .- And forasmuch as in the Government of soe great a Couatrey, sudden accidents doe often happen, whereunto itt will bee necessarie to apply a remedie before the freeholders of the said Province, or their Delegates or Depu- ties can bee assembled to the makeing of Lawes, oeither will itt be coo- veaient that instantly vpon every euch emergeat occasion, soe greate a nmultitude should be called together. Therefore, for the better Govern- ment of the said Countrey, WEE WILL, and ordeyne, and by these presents for vs, onr beires and successors, Doe grant voto the said William Pean, and his beires, by themselves or by their magistratee and officers, in that behalfe, duely to bee ordoyned as aforesaid, to make an constitute, fitt and wholesooie ordinances from time to time within the said Countrey, to bee kept aod observed as well for the preservacon of the peace, as for the better government of the people there inhabiting, and publickly to notifie the same, to all persons whome the same doeth or any way umy concerne, which ordinancee our will and pleasure is, shall be observed inviolably within the said Province, voder paines therein to bee expressed, soe as the said ordinances bee consonant to reason and bee not repugnaot nor contrary, but soe farre as conveniently may bee agreeable with the Lawes of our kingdome of England, aod soa as the said ordinances be not extended in any sort to bind, charge or take away the right or interest of any person or persons, for or in their life, members, freehold, goods or Chuttells; aod our further will andt plensure is, that the Lawes for regulating aod governing of prop- ertie, within the said Province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and Chat- tells, and likewise as to felonies, shall bee and cootiave the same as shall bee for the time being, by the generall course of the Law in our King- dome of England, vntil the said Lawes shall be altered by the saint William Penn, his heires or assignes, and by the freemeu of the said Province, their Delegates or Deputies, or the greater part of them. Aod to the Ead the said William Pena, or heires, or other, the Planters, Owners or Inhabitants of the said Province, may not att ady tinie here- after, by misconstrucon of the powers aforesaid, through inadvertiencie or designe, depart from that faith and due allegiance which by the Lawes of this our Realme of England, they and all our subjects, in our Domia- ione and Territories, always owe vnto vs our heires and successors, by colour of any extent ar largenesse of powers hereby given, or pretended to bee given, or by force or colour of aoy lawes hereafter to bea made ia the said Province, by virtue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee soo as aforesaid, made and published within the said province, shall within five years after the makeing thereof, ba trausmitted and de- livered to the privy Councell, for the time being, of vs, our heires and successors ; and if any of the said Lawes within the space of six moveths, after that they shall be soa transmitted and delivered, be declared by vs, onr heires and successors in our or their privy Couacell, inconsistent with the sovereignety or lawfull prerogative of vs, our heirs or succes- sors, or contrary to the faith aud allegiance due by tho legall Govern- meat of this realme, from the said William Peon, or his heires, or of the Planters and Inhabitants of the said province; aod that therevpon any of the said Lawes shall bee adjudged and declared to bee void by va, our heires or successors, vnder our or their Privy Seale, that then, and from thenceforth such Lawes concerning which soch Judgement and declaracon shall bee made, shall beconie voyd, otherwise the said laweb soe transmitted, shall remaine and stand in full force ac- cording to the true inteat and meadeing thereof. Furthermore, that this new Colony may the more happily increase, by tha multitude of people resorting thither : THEREFORE, WEE, for vs, our heires and successors, doo give and grant by these presents, power, licence and libertie voto all the liege people and subjects, both present and future

HISTORY OF MONTGOMERY COUNTY.

dinary zeal and judgment. King Charles filled the blank and called the projected colony Pennsylvania, in honor of Sir William and Admiral Penn. It is

of vs, our heiree and successors, excepting those who shall bee especially forbidden, to transport themselves and families voto the said Countrey, with such convenient shipping, as by the lawes of this our kingdome of England, they ought to vse with fitting provisions paying ouly the customes therefore due, and there to settle themselves, dwell and in- habitt and plant for the publick and their own private advantage ; AND FURTHERMORE, that our subjects may bee the rather encouraged to undertake this expedicon with ready and cheerfull mindes. KNOW YEE, that wee of our especial grace certaine knowledge and meere mocon, Doe give and grant by vertue of these presents, as well vnto the said William Penn and his heires, as to all others who shall from time to time repaire vnto the said Countrey, with a purpose to inhabitt there, or to trade with the natives of the said Countrey, full license te lade and freight in any Ports whatsoever of vs, our heires and successors, ac- cording to the lawes made, or to be made within our kingdome of Eng- land, and into the said Countrey, by them, theire servants or assignes, to transport all and singular theire wares, goods and merchandizes, as likewise all sorts of graine whatsoever, and all other things whatso- ever necessary for food and clothing, not phibited by the lawes and Statutes of our kingdomes and Dominions, to be carryed out of the said kingdomes without any lett or molestacon of vs, our heires and successors, or of any the officers of vs, our heires and successors, saveing alwayes to vs, our beires and successors, the legall impossitions, customes and other duties and payments for the said wares and merchandize, by any law or statute due or to be due to vs, our heires and successors, AND WEE DOE further for va, our heires and Successors, give and grant vnto the said William Penn, his heires and assigues, free and absolute power to Divide the said Countrey, and Islands, into Townes, Hundreds and Counties, and to erect and incorporate Townes into Burroughs, and Borroughs into Citties, and to make and constitute ffaires and marketts therein, with all other convenient privileges and iuimunities according to the meritt of the inhabitants, and the flitnes of the places; & to due all aud every other thing and things touching the premises which to bim or them shall seeme requisite, and meet, albeit they he such as of their owne nature might otherwise require a more especiall command- ment and warrant, then in these presents is expressed. WEE WILL ALSOE, and by these presents for vs, our heirs and successors, WEE doe give and grant licence by this our charter, vnto the said William Penn, his heires and assignes, and to all the inhabitants and dwellers in pvince aforesaid, both present, and to come to import or vnlade by themselves or their Servants, ffactors or assignes, all merchandizes and goods whatsoever, that shall arise of the fruits and comodities of the said province, either by Land or Sea, into any of the Ports of vs, our beires and successors, in our kingdome of England, and not into any other countrey whatsoever. And WEE give him full power to dispose of the said goods in the said ports, and if need hee, within one yeare next after the unladeing of the same, to lade the said merchandizes and goodsagain into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforreigne, according to lawe : PROVIDED always, that they pay such, customes and imposicons, anbsidies and duties for the same to vs, onr heires and successors, as the rest of our subjects of our kingdome of England, for the time being shall be bound to pay, and doe observe the acts of Navigation and other lawes in that behalfe made. AND FURTHERMORE, of our more ample and especiall grace, certain knowledge and meere motion, WEE DOE, for vs, our beires and successors, Grant vnto the said William Penn, his heires and assignes, full and absolute power and authoritie, to make, erect and constitute within the said province, and the Isles and Isletts aforesaid, such and soe many Seaports, harbours, Creeks, Havens, Keyes and other places, for discharge and vuladeing of goods, & merchandize out of the shipps, boates and other vessells, and Ladeing them in such and soe many places, and with such rights, Jurisdiccons, liberties and priviledges unto the said porte, belonging as to him or them shall seeme most expedient, and that all and singular the shipps, boates and other vessells which shall come for merchandize and trade vnto the said prince, or out of the same shall departe, shall be laden or voladen onely att such ports as shall be erected and constituted by the said William Penn, his heires and assignes, any vse, custome or other thing to the contrary notwithstanding : PROVIDED, that the said William Penn and his heires, and the Lieutenants and Governors for the time being, shall admitt and receive in and about all such ports, havens, Creeks and

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History of Montgomery County, Pennsylvania, Part 24

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901 Publication date: 1884 Publisher: Philadelphia, Everts & Peck Number of Pages: 1534

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534