History of Montgomery County, Pennsylvania, Part 25

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 25

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).

said that William Penn objected to the name, and offered a tempting fee to the Under Secretary of Co- lonial Affairs to change it to New Wales, and upon

Keyes, all officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Comissioners of our cus- tomies, for the time being. AND WEE DOE further appoint and or- daine, and by these presents for vs, our heires and successors, WEE DOE grant vnto the said William Penn, his heires and assignes, that he the said William l'enu, his heires and assignes, may from time to time forever, have and enjoy the customes and subsidies in the ports, har- bours and other Creeks, and places aforesaid, within the province afore- said, payable or due for merchandizes and wares, there to be laded and vnladed, the said customes and subsidies to be reasonably assessed, vpou any occasion by themselves, and the people there as aforesaid, to be assembled to whom WEE give power, by these presents for vs, our heires and successors, vpron just cause, and in a due pporcon, to ossesse and impose the same, saveing vuto vs, our heires and snc- cessors, such imposcons and customes as by act of parliament are and shall be appointed; and it is our further will and pleasure, that the said William Penn, his heires and assignes, shall from time to time constitute and appoint an attorney or agent, to reside in or neare our Citty of London, who shall make knowne the place where he shall dwell or may be found, vnto the Clerks of Our privy Counsell, for the time being, or one of them, and shall be ready to appeare in any of onr Courts att Westminster, to answer for any misdemeanors that shall be comitted, or by any wilfull default or neglect pmitted by the said Wil- liam Penn, his heires or assignes, against our Lawes of Trade or Navi- gacon and after it shall be ascertained in any of our said Courts, what damages WEE or our heires or successors shall haue sustained, by such de- fault or neglect, the said William Penn, bis heires and assignes, shall pay the same within one yeare after such taxacon and demaud thereof, from such attorney, or in case there shall be noe such attorney, by the space of one yeare, or such attorney shall not make payment of such damages, within the space of one yeare, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in England, are or shall be pvided according to the true intent and meaning of these presents; Then it shall be lawfule for vs, our heires and successors, to seize and Resume the government of the said pvince or Countrey, and the same to retaine untill payment shall be made thereof. But not- withstanding any such seizure or resumption of the Government, nothing concereving the propriety or ownership of any Lands, Tenements or other hereditaments, or goode, or chattels of any the adventurers, l'lanters or owners, other than the respective offenders there, shall be any way affected or molested thereby : PROVIDED alwayes, and our will and pleasure is that neither the said William Penn, nor his heires, nor any other of the inhabitants of the said prince, shall at any time here- after haue or maintain any correspondence with any other king, prince or State, or with any of theire subjects, who shall then be in warr against vs, our heires or successors ; Nor shall the said William Penn, or his heires, or any other the inhabitants of the said pvince, make warre or doe any act of hostilitie against any other king, prince or state, or any of their subjects, who shall then be iu league or smity with vs, our heires or successors. And because in soe remote a Countrey, and scituate neare many Barbarous Nations, the incursions as well of the savages themselues, as ofother enemies, pirates and Robbers, may pbably be feared. Therefore, WEE have given and for vs, our heires and suc- cessors, Doe give power by these presents vnto the said William Penn, his heires and assignes, by themselues or their Captaines or other, their otlicers to levy, muster and trains all sorts of men, of what condicon, or wheresoever borne, in the said prince of Pensylvania, for the time being, and to make warr and pursue the enemies and Robbers aforesaid, ns well by Sea as by Land, yea, even without the Limits of the said prince and by God's assistance, to vanquish and take them, and being taken, to put them to death by the law of Warr, or to save them att theire pleasure, and to doe all and every other act and thing, which to the charge and office of a Capitaine generall of an Army, belongeth or hath accustomed to belong, as fully and ffreely as any Captaine Generall of an Army, hath ever had the same. AND FURTIIERMORE, of our especiall grace and of our certaine knowledg and meere motion, WEE have given and granted, and by these presents for vs, our heires and suc- cessors, Doe give and grant vnto the said William l'enn, bis heires and assignes, full and absolute power, licence and authoritie, That he the said William Penn, his leires aod Assignes, from time to time hereafter forever, att his or theire will and pleasure, may assigne, alien, grant,

WILLIAM PENN'S ARRIVAL IN AMERICA.

refusal protested that he had no vanity or family pride to gratify in the matter, "but it is a just and

demise or infeoffe of the premises, soe many, and such partes end par- cells to him or them, that shall be willing to purchase the same, as they shall thinke ffitt. TO HAVE AND TO HOLD to them, the said person and persons willing to take or purchase, theire heires and assignes, in ffee simple or ffeetaile, or for the terme of life, or lines, yeares, to be held of the said William Pean, his heires and assignes, as uf the said Seig- niory of Windsor, by such services, customes and rents, as shall seeme flitt to the said William Pena, his heires and assignes, and not imme- diately of vs, our heires and successors, aad to the same person or per- sons, and to all and every of them, WEE DOE give and grant by these presente, for vs, our heires and successors, Licence, authoritie and power, that such person or persons may take the premisses or any purcell there- of, of the aforesaid William Penn, his heires or assignes, and the same hold to themselves, their heires and assignes, in what estate of inherit- ance soever, in ffee eimple, er in ffectaile or otherwise, as to him the said William Penn, his heires and assignes, shall seem expedient. The Stat- utes made in the parliament of Edward, sonne of king Henry, late king of England, our predecessor, comonly called the Statute Qnia Emptores terrarum, lately published in our kingdume of England, in any wise notwithstanding, and by these presents, WEE give and grant licence vnto the said William Penn, and his heires, likewise to all and every such person and persons to whom the said William Penn, or his heires, shall at any time hereafter, grant any estate of inheritance as afuresaid, te erect any parcells of Land within the prince aforesaid, into manners, by and with the licence to be first had and obteyned for that purpose, vnder the land and seale of the said William Penn, or his heires and in every of the said manners, to hane and to hold a Court Baron, with all thinges whatsoever, which to a Court Baron de belong ; and to hane and to hold view of ffrank-pledge, for the conservacon of the peace, and the better government of these partes by themselves or their Stewarts, er by the Lords for the time being, of other mannors to be deputed when they shall be erected, and in the same, to vse all things belonging to view of ffrank-pledge; and WEE doe further grant licence and auther- itie thet every such person and persons, who shall erect any such man- nor or mannors as aforesaid, shall or may grant all or any parte of his said lands to any person or persons, in ffee simple or any other estate of inheritance, to be held of the said mannors respectively, soe as noe further tenures shall be created, but that vyon all further and other alienacons thereafter, to be made the said lands Boe aliened, shall be held of the same Lord and bis heires, of whom the alien did then before held, and by the like, rents and services, which were before dne and accustomed. And further, our pleasure is and by these presents for vs, our heires and successors, WEE dee Covenant and grant to and with the said William Penn, and his heires and assignes, that WEE, our heires and successors, shall att no time hereafter sett or make, or cause tu be selt, any imposicon, custome or other taxacon, rate or con- tribucon whatsoever, in and upon the dwellers and inhabitants of the afuresaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and vpon any goods or merchandize within the said prince, or to be laden or vnladen within the porte or harbouts of the said pvince, unless the same be with the consent of the pprietary, or chiefe Governor and Assembly, or by act of parliament in England. And our pleasure is, and for us our heires and successors, WEE charge and com- and, that this our Declaracon, shall from henceforward be received and allowed from time to time in all our Courts, and before all the Judges of vs, our heires and successors, for a sufficient and lawful discharge, payment and acquittance, comanding all and singular the officers and ministers of vs, our heires and successors, and enjoyneing themi vpon pine of our high displeasure, that they doe not presume att any time tu attempt any thing to the contrary of the premises, or that they due in any eort withstand the enme, but that they bee att all times aiding and assisting as is fitting vuto the said William Penn, and his heires, and to the inhabitants and merchants of the pvince aforesaid, their ser- vants, ministers, ffactors and assignes, in the full vse and fruition of the beneffitt of this our Charter: And our further pleasure is, And WEE doe hereby, for vs, onr heires and successors, charge Rad require that if any of the inhabitants of the said prince, to the number of Twenty, shall att any time hereafter be desirons, and shall by any writeing or by any pson deputed for them, signify such their desire to the Bishop uff London, that any preacher or preachers to be approved of by the said Bishop, may be sent vnto them for their instruccon, that then such preacher or preachers, shall end may be and reside within the said

clear thing, and my God that has given it me through many difficulties will, I believe, bless and make it the seed of a nation."

CHAPTER VIL.

WILLIAM PENN'S ARRIVAL IN AMERICA-IIIS COLONY FOUNDED ON THE DELAWARE.

HAVING obtained his charter, Penn at once com- missioned William Markham bis deputy, and urged his prompt departure for the new field of labor. Markham was in New York by June, 1681. He secured the friendly offices of Governor Anthony Brockholls, and then hastened to Upland to meet Lord Baltimore, whose friendship he courted in order to arrange boundary lines on the south and west of the new colony. Unable to adjust the southern bound- ary of the grant withont making concessions wbich he deemed nnjust to William Penn, he deferred further action, and immediately organized the Council of Nine, being the first exercise of "duly constituted authority" under the charter of Charles II. This Council of Nine was, in fact, a provisional govern- ment, with power to make public surveys, establish bonndary lines, constitute conrts, appoint justices of the peace, constables, sheriffs, to suppress violence, and generally to institute and enforce such measures as inured to the peace and good order of the province. The following is the self-instituted warrant for the Council of Nine: "Whereas, wee whose hands and Seals are bereunto Sett are Chosen by Wm. Mark- ham (agent to Wm. Penn, Esq., Proprietor of ye Province of Pennsylvania) to be of the Councill for ye sd province, doe hereby bind ourselves by our hands & Seals, that wee will neither act nor advise, nor Con- sent unto anything that shall not be according to our own Consciences the best for ye true and well Govern- ment of the sª Province, and Likewise to Keep Secret

prince, without any Deniall or molestacon whatsoever; and if pchance it should happen hereafter, any doubts or questions should arise con- cerneing the true sence & meaning of any word, clause or sentence, conteyned in this our present charter, WE WILL ordaine and comand, that att all times and in all things such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, bis heires and assignes: PROVIDED alwayes, that no interpretacon be admitted thereof, by which the allegiance due voto vs, our heires and successors, may suffer any preindice or diminucoa, although expres mencon be not made in these presents, of the true yearly value or certainty of the premi-ses, or of any parte thereof, or of other guifts and grants made by vs, onr pgenitors or predecessors, vnto the said William Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint heretofore, had made, published, ordained or pvided, or any other thing, cause or matter whatsoever to the contrary thereof, in any wise notwithstanding. Ia Witness Whereof WEE have caused these our letters to be made patents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth yeare of our Reigne.

PIGOTT.

By Writt of privy Seale.

JOHN SHALER, CLIVE.

xxvij die Jaury, 1682, Fir.

HISTORY OF MONTGOMERY COUNTY.

all ye votes and acts of us The sª Councell, unless Such as by the General Consent of us are to be pub- lished. Dated at Upland ye third day of August, 1681.

" Robert Wade, Morgan Drewet, Wm. Woodmanse, (W. W. The mark of) William Warner, Thomas Ffairman, James Sandlenes, Will Clayton, Otto Er- nest Koch, and ye mark (L) of Lacy (or Lasse) Cock.'

By September, 1681, Deputy Markham had the new arrangement of things in working order, and the first court. for jury trials was held at Upland. The justices present at the meeting of this newly-organ- ized court were William Clayton, William Warner, Robert Wade, William Byles, Otto Ernest Cock, >Robert Lucas, Lasse Cock, Swen Swenson, and Andreas Bankson, five of them being members of Markham's Council. The clerk of the court was Thomas Revell, and the sheriff's name was Jolin Test. The first jury drawn in this court-the first drawn in Pennsylvania-was in a case of assault and battery (Peter Ericksen vs. Harman Johnson and wife), and their names were Morgau Drewet, Wil- liam Woodmanson, William Hewes, James Browne, Henry Reynolds, Robert Schooley, Richard Pittman, Lasse Dalboe, John Akraman, Peter Rambo, Jr., Henry Hastings, and William Oxley; two more of the Deputy Governor's Council being on this jury. At the next meeting of Upland Court, in November, Markham was present, and he attended all the sub- sequent sessions up to the time of Penn's arrival.

Deputy Governor Markham was thoroughly con- versant with the purposes and plans of Penn. He carried with him instructions which were broad enough to cover all possible contingencies, and enabled him to prepare a warm welcome to the dis- tinguished colonist upon his advent on the Delaware River. Meantime, Penn was addressing his entire energies to his scheme of colonization. He gave the utmost publicity to his chartered privileges, and in- vited the co-operation of all classes in founding a free and industrial State. He published a pamphlet entitled "Some Account of the Province of Pennsyl- vania in America." It contained a truthful account of the resources of the country. The author was candid in pointing out to all the possible hardships and perils likely to be experienced in the New World, and impressed upon the mind of his followers the ne- cessity of careful preparations for the long voyage and the life of toil and self-denial essential to their success. Referring to the country he says, " I shall say little in its praise to excite desires in any, whatever I could truly write as to the soil, air, and water; this shall satisfy me, that by the blessing of God and the hon- esty and industry of man, it may be a good and fruitful land." Penn made direct overtures to men and fam- ilies of all religious persuasions, assuring them of a tolerant government in all things. He invited pur- chasers and renters of lands, and made special pro-

visions for those without means. "To the first, the shares I sell shall be certain as to number of acres, that is to say, every one shall contain five thousand acres, free from any incumbrance, the price a hundred pounds, and for the quit-rent but one English shilling, or the value of it, yearly, for a hundred acres ; and the said quit-rent not to begin to be paid till 1684. To the second sort, that take up land upon rent, they shall have liberty so to do, paying yearly one penny per acre, not exceeding two hundred acres. To the third sort, to wit, servants that are carried over, fifty acres shall be allowed to the master for every head, and fifty acres to every servant when their time is expired. And because some engage with me that may not be disposed to go, it were very advisable for every three adventurers to send over an overseer with their servants, which would well pay the cost."

Referring to the peculiar fitness of certain persons for frontier life, Penn classifies them as follows :

"Ist, industrious husbandmen and day laborers that are hardly able (with extreme labor) to main- tain their families and portion their children ; 2d, la- borious handicrafts, especially carpenters, masons, smiths, weavers, taylors, tanners, shoemakers, ship- wrights, etc., where they may be spared or low in the world, and as they shall want no encouragement, so their labor is worth more there than here, and there provisions cheaper." 3d, Penn invites ingenious spirits who are low in the world, younger brothers with small inheritances and (often) large families ; " lastly," he says, " there are another sort of persons, not only fit for but necessary in plantations, and that is men of universal spirits, that have an eye to the good of pos- terity, and that both understand and delight to pro- mote good discipline and just government among a plain and well-intending people; such persons may find room in colonies for their good counsel and con- trivance, who are shut out from being of much use or service to great nations under settled customs ; these men deserve much esteem and would be hearken'd to."

He enumerates and commends the resources of the country. "Timber was abundant, also game, wild- fowl, and fish, fax, hemp, cider, wood, madder, liquorish, tobacco, and iron, hides, tallow, staves, beef, pork, sheep, wool, corn, wheat, rye, barley, also furs, minks, raccoons, martins, and such like store of furs which is to be found among the Indians that are profitable commodities in England." Referring to the arrival of colonists in the fall months he says, "Two men may clear as much ground by spring (when they set the corn iu that country ) as will bring in that time, twelve months, forty barrels, which makes twenty-five quarters of corn. So that the first year they must buy corn, which is usually very plen- tiful. They must, so soon as they come, buy cows, more or less, as they want or arc able, which are to be had at easy rates. For swine, they are plentiful and cheap, these will quickly-increase to a stock. So that

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after the first year, what with the poorer sort some- times laboring for others, and the more able fishing, fowling, and sometimes buying, they may do very well till their own stocks are sufficient to supply them and their families, which will quickly be, and to spare, if they follow the English husbandry, as they do in New England and New York, and get winter fodder for their stock."

"To conclude, I desire all my dear country-folks who may be inclined to go into those parts to con- sider seriously the premises, as well the inconve- niency as future ease and plenty, that so none may move rashly or from a fickle, but from a solid mind, having above all things an eye to the providence of God in the disposing of themselves; and I would further advise all such at least to have the permis- sion, if not the good liking, of their near relations, for that is both natural, and a duty incumbent upon all. And by this will natural affections be preserved, and a friendly and profitable correspondence between them, in all which I beseech Almighty God to direct us, that His blessing may attend our earnest en- deavors, and then the consequence of all our under- takings will turn to the glory of His great name, and all true happiness to us and our posterity. Amen."

Feeling assured of a large and intelligent following to the New World, he was anxious to facilitate trade and commerce between the colony and the mother- country. To this end lie encouraged the organization of " The Free Society of Traders,"1 looking upon the enterprise as a potent and peaceful agent in main- taining frequent intercourse between the inhabitants of the two continents, and as a certain avenue for continued emigration, which he felt sure once opened to the superior advantages of a new and fertile country, where religious and political freedom could be fully enjoyed, would never be closed. In liis solicitude for the persons forming his colony Penn showed his hu- manity ; in his forecast of a commercial future for the State he was founding he disclosed the character of a benefactor. One thing more, however, remained for him to do, and that was to frame a government. This was the work of statesmanship. There were three distinct subjects of consideration in framing a code of laws for the colony : 1, the limitations im- posed by the charter of Charles II .; 2, the peaceful relations with the native Indians ;2 3, the unrestrained

exercise of religious liberty and the institution of self-government among the freemen of the province. It is a rare occurrence in the history of public meu to find a broad humanity associated with a high order of executive ability and commercial sagacity, and it is still more exceptional to find these two qualities combined with that degree of foresight and conser- vatism that always characterizes the true statesman.

It is said that it required the corollated powers of Grant, Sherman, and Sheridan to match one Napo- leon Bonaparte; and, without extravagance, we may say that William Penn alone foreshadowed the pol- icy of state and republic that was later formulated in national unity by the combined wisdom of Washing- ton, Jefferson, and Hamilton. In the marvelous light of two centuries we turn back and read his remarkable state papers. He was in his thirty-eighth year when he prepared his "Certain Conditions or Concessions,"3

teo his law in our hearts, by which we are taught and commanded to love and help, and do good to one another. Now this great God hath been pleased to make me concerned in your part of the world ; and the King of the country where I live hath giveu me a province therein ; but I desire to enjoy it with your lore und consent ; that we may always live together as neighbors and friends, else what would the great God do to us, who hath made us, not to devour and destroy one another, but to live soberly and kindly together in the world? Now I would have you well observe that I am very seosible of the unkindness and injustice that have been too moch exercised towards you, by the people of these parts of the world, who have sought themselves, and to make great ad- vantages by you, rather than to be examples of goodness and patience muto yon, which I hear hath been a matter of trouble to you, and cansed great grudgiogs and animosities, sometimes to the shedding of blood, which hath made the great God angry. But I am not euch a man, as is well known in my own country. I have great love and regard towards you, and desire to win and gain your love and friendship, by a kind, just, and peaceable life ; and the people I send are of the same mind, and shall in all things behave themselves accordingly ; and if anything shall offend you or your people, you shall have a full and speedy satis- faction for the same, by an equal number of just mea, on both sides, that by no meaus you may have just occasion of being offended against them. I shall shortly come to you myself, at which time we may more largely and freely confer and discourse of these matters ; in the mean time I have sent my commissioners to treat with you about land, and a firm league of peace ; let me desire you to be kind to them and the peo- ple, and receive these presents and tokens, which I have sent you, as a testimony of my good will to you, and my resolution to live justly, peaceably, and friendly with you.

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History of Montgomery County, Pennsylvania, Part 25

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