USA > Pennsylvania > History of the province of Pennsylvania > Part 2
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"I am, your loving friend "WILLIAM PENN."
In these ships, William Penn sent divers servants; Among the passengers were John Otter, Nathaniel Allen, and Ed- mund Lovett, with their families. Among the servants in one of those ships was Joseph Kirkbride, then a lad, who afterwards proved one, among many instances that are now to be found in families of some consequence in the province, that where a proper care and conduct was fol- lowed, original difficulties of that kind were rather the means of improvement than otherwise.
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In the beginning of the year 1682, W. Penn publishd his frame of government, and in the month following certain laws being agreed upon by himself and the purchasers under him, they were also published.c
The time was now nearly come in which W. Penn had determined to make a voyage to the new country himself, having spent some months in settling his affairs in England, particularly in first obtaining the duke of Yorks title to that tract of land, since called the three lower Counties, which was at length effected, according to the deeds for that purpose."
Directly after obtaining these deeds, W. Penn prepared for his voyage and in the month called July, this year, accompanied with divers of his friends took shipping in the Wellcome, of about 300 Tons burthen Robert Greenaway Commander, and on the 30th of the same month he writ from the Downs, A farewell to England, being an epistle. containing a salutation to all faithful friends, during the voyage his fellow passengers found their account in having his company, many of them fell sick with the small pox. and about 30 died, however, after a prosperous voyage of about six weeks, they came within sight of the American Coast, supposed to be about Egg-harbor. The number that at first came on board, were about one hundred per- sons, mostly Quakers, but some others, the greater part came from Sussex, which was the proprietors place of resi- dence, sailing up the Delaware, the inhabitants, as well Dutch and Swedes,e as English, met W. Penn, with demon- strations of joy; he landed at New Castle, and the next day after his arrival, he had the people summoned together at the Court House, where possession was legally given him. after which, he made a speech to the old magistrates, and the people, signifying to them, the end of his coming, the
· Votes, p: xxvii. to p: xxxV.
d Votes, p: xxxV. &c.
. The reader desirous of seeing a particular account of the settlement ci the Swedes and Dutch here, is refer'd to the author's history of New Jersey.
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nature and end of government, and of that more especially which he came to establish-assuring them of their spiritual and temporal rights-liberty of conscience, and civil free- doms; and recommending to them to live in sobriety and peace one with another. He renewed the magistrates com- missions, and then went from thence to Upland or Chester, where the fourth of the tenth month in this year (about three months after his sailing from England) he called an Assembly, which consisted of equal numbers from the prov- ince and territories, that is from both, as many of the free- men, as thought fit to appear, according to the sixteenth article of the frame of government." This assembly chose Nicholas Moore president of the free society of traders, chairman, or speaker and proceeding to business, received as ample satisfaction from the proprietor, as those at New Castle had done, of which they made him a thankful ac- knowledgment, and the Swedes on their part deputed Lacy Cock to acquaint him, they would serre, love and obey him, with all they had, declaring that it was the best day they ever saw-at this assembly New Castle was annex'd to Pennsylvania, the Act for that purpose, and the Act of settlement may be seen. Appendix to the Votes, p: 1 and 2.
After this the Dutch and Swedes, and such other for- eigners as were among them, were now also naturalized, and all the laws that had been agreed upon in England, were passed in form-some were more fully worded, and not withstanding the variety of dispositions, sentiments of love and candor prevaild :- the meeting continued three days, the heads of the laws agreed to, were as follow: 1. Of liberty of conscience. 2. Qualification of officers &c. 3. Against swearing by God, Christ or Jesus. 4. Against swearing by any other thing or name. 5. Against speaking profanely of God, Christ, spirit, or scriptures. 6. Against cursing. 7. Against defiling the marriage-bed. S. Against
"This was doubtless calculated that the fundamentals of government might be ascertain'd to general satisfaction.
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incest. 9. Against sodomy and beastiality. 10. Against rape or ravishment. 11. Against bigamy. 12. Against drunkenness. 13. Against sufferers of drunkenness. 14. Against health-drinking. 15. Against selling or exchang- ing of rum, brandy or other strong liquors to Indians. 16. Against wilful firing of houses. 17. Against breaking into or taking anything out of houses. 18. Lands and goods of thieves and felons &c., liable &c. 19. Against forcible entry. 20. Against unlawful assemblies and riots. 21. Against assaulting and menacing of parents. 22. Against assaulting and menacing of magistrates. 23. Against assaulting & menacing of masters. 24. Against assault and battery. 25. Against duels. 26. Against riotous sports and practices, as prizes &c. 27. Against playing at cards, dice, lotteries &c. 28. Against sedition. 29. Against speaking slightingly, or abusive carriage against magis- trates or officers. 30. Against reporters, defamers, and spreaders of false news. 31. Against clamorous persons, scolders, and railers. 32. Provision for the poor. 33.
Prices of beer and ale. 34. Measures and weights.
35.
Names of days and months. 36. Witnesses dying. 37.
Pleadings, processes, and records to be in English. 38.
Trials in civil and in criminal matters. 39. Fees, and sal- aries, bribery, and extortion. 40. Fines to be moderate &c. 41. Numerous suits avoidable. 42. Arrest of a person de- parting the province, how. 43. Promises bargains, and agreements. 44. Charters, gifts, grants, conveyances, bills, bonds and specialties, deeds, and how soon to be recorded. 45. Wills shall convey land as well as chattels. 46. Will of non compos mentis void. 47. Registry for wills. 48. Reg- istry for servants &c. 49. Factors and their employers. 50. Against defacers, corrupters, and embezlers of charters, conveyances and records &c. 51. How lands and goods shall pay debts. 52. What persons are bailable. 53. Goals and Goalers. 54. Prisous shall be workhouses. 55. Wrong- ful imprisonment. 56. Where the penalty is either a sum
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of money or imprisonment, the magistrate shall inflict which he will. 57. Freemen, who. 58. Elections. 59. No money or goods by way of tax, custom, or contribution, to be raised or paid but by law. 60. Law's shall be printed and taught in schools. 61. All other things not provided for herein, refer'd to the governor and freemen from time to time.
After the adjournment of this assembly, W. Penn went to Maryland, and was there kindly received by lord Balti- more, and the chiefs of the colony-they held a treaty about setling the bounds of their provinces, but the season of the year not admitting the conclusion of that business, after two days conference he took his leave, lord Baltimore accompanied him three miles, to the house of William Rich- ardson, from thence W. Penn went two miles farther, to a inceting of his friends at the house of Thomas Hooker, and afterwards forwarded his journey to Choptank, on the eastern shore, where was to be an appointed meeting of people of several ranks and qualities. Thus he proceeded to settle his government and province, and to establish a good correspondence with his neighbours, "nor was" says the author of his life "the advancement of himself or family in worldly wealth and grandeur his aim in the administra- tion of government, but in the greatest honour of his public station, he still retain'd the meekness and humility of a private christian, the sincerity of his intentions, and with what zeal and ardor he pursued a general good, are best expressed by his own words in a letter to a person who had unduly reflected on him, viz:
"MY OLD FRIEND,
"I would speak largely of Gods dealings with me in getting this thing what an inward excercise of faith and patience it cost me in passing; the travail was mine as well as the debt and cost, through the envy of many both pro- fessors, false friends, and profane-My God hath given it me in the face of the world, and it is to hold it in true judg'-
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ment as a reward of my sufferings, and that is seen here, whatever some despisers may say or think .- The place God hath given me, and I never felt judgment for the power I kept, but trouble for what I parted with. It was more than a worldly title or patent that hath clothed me in this place. Keep thy place, I am in mine, and have served the God of the whole earth since I have been in it, nor am I sitting down in a greatness that I have desired, I am day and night spending my life, my time, my money, and am not six pence enriched by this greatness costs in getting, setling, transportation, and maintenance now in a public manor at my own charge duly considered, to say nothing of my hazard, and the distance I am at from a considerable estate, and which is more, my dear wife and poor children. Well-the Lord is a God of righteous judgment, had I sought greatness, I had staid at home, where the distance between what I am here, and was offerd and could have been there in power and wealth is as wide as the places are-No, I came for the Lords sake, and therefore have I stood to this day well and diligent, and successful, blessed be his power. Nor shall I trouble myself to tell thee what I am to the people of this place-In travels, watchings, spendings, and my servants every way freely (not like a selfish man) I have many witnesses-To conclude it is now in friends hands, through my travail, faith and patience it came. If friends here keep to God, and in the justice, mercy, equity and fear of the Lord, their enemies will be their footstool, if not, their heirs, and my heirs too, will loose all, and desolation will follow; but blessed be the Lord, we are all well, and live in the dear love of God, and the fellowship of his tender heavenly spirit, and our faith is for ourselves and one another, that the Lord will be with us a king, and a counsellor forever.
"Thy ancient, tho' grieved Friend "WILLIAM PENN."
"CHESTER, 5th of the 12th mo: 1682."
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The passengers that came in the same ship with W. Penn, were of themselves a large number, and divers other ships coming about the same time, the country near Del- aware, was in a manner peopled at once, the settlers dis- persing themselves up and down the province, according to the alotments of their different shares of land, of which the curious reader may see a particular account in Greens map of Pennsylvania, it thereby became very soon peopled from the Falls to Chester, about fifty miles distance on the river Delaware, near which they generally chose their first settlements, their first care was to keep up religious" worship, in the different parts of the province whereon they settled, those of them who had fixed near where the City was to be, first met at the houses of the inhabitants, but soon built a boarded meeting house, and having by their general conduct gaind great reputation, both as to religion and civil police it drew many settlers thither.
In this, and the two succeeding years, there arrived ships with passengers from London, Bristol, Ireland, Wales, Cheshire, Lancashire. Holland and Germany &c., to the number of about fifty sail. Among those from Germany, where some friends from Krisheim, a town not far from Worms in the Palatinate, some families there being early convinced of the principles of the quakers, by the preaching of William Ames, had there borne a public testimony for it until now, when they unanimously came to Pennsylvania, not as it seemed without a singular direction of providence: for, not long after, a war ensued in Germany where the Palatinate was altogether laid waste by the French, and thousands of people were bereft of their possessions and reduced to poverty.e
Many of the passengers in the ships above, brought ser- vants, they were generally persons of reputation, and they had forethought enough to bring many of the necessaries
Sewels History p. 202.
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of life, both of food and raiment, till with care and industry they could raise subsistence here, and besides what was wanting for food and raiment, they brought household goods and implements-husbandmen, those for husbandry- and tradesmen the tools of their trade, most of them were of those called Quakers, and many of the early stock, some also of that profession among the Welsh, having carly pur- chased of the proprietor in England forty thousand acres of land, many of them caine over about this time and took up so much of their purchased land, to the westward of Schuylkill river, as made the three townships of Merrion, Haverford, and Radnor, and in a few years afterwards they were increased so considerably as to have settled three townships more, viz: Newtown, Goshen, and Uwchland, all which are since increased and they are now a numerous and florishing people.
CHAPTER II.
DIFFICULTIES OF THE SETTLERS-A PEACE CONCLUDED WITH THE INDIANS, & LANDS PURCHASED OF THEM-THEIR GREAT AFFECTION FOR WILLIAM PENN-HE LAYS OUT THE CITY OF PHILADELPHIA-MEETS THE COUNCIL AND ASSEMBLY-A CHARTER CONCLUDED ON.
1682. The coming in of so many setlers in two or three years, must, notwithstanding their provision from home, very much incommode one another, respecting eatables, the people they found settled there, tho' they were a considerable help to them, being but few and most of them but lately come, could not be supposed to have much provision to spare, this, considered with the little House-room to be had, we may readily imagine them exposed to many straits and difficulties, for here were not only men of the more hardy sort, regardless of accommodations, but those advanced in years, and Women and children, many of whom had lived in ease and plenty. When the purchasers landed they got war- rants, and took up, that is, surveyed, what land was immediately sufficient for setling, and getting their goods on shore, those that could, crowded them into some house, or out-house for a while, others went directly further into the woods, to the different places where their lands were laid out, some probably without path or road to direct them; of these there were scarce any to be found, two miles from the water side, or sign of any European's having been there, as to the Indians, they seldom travel'd so regularly, as to be followed by footsteps, except perhaps, from one of their towns to another; their huntings were rather like ships at sea, with- out track or path, so that all further than about two miles back (excepting the Indians movable settlements) was a wilderness, the earth producing little spontaneously
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to sustain the life of man, but nuts and berries, which were the support of the native birds and beasts. The lodg- ings of some of the first settlers, were in the woods, and a chosen tree all their shelter, this sometimes happened late in the fall or winter; in a little time they either got caves in the earth, or huts above it, but as timber was plenty, they soon found a way to make better houses .--- These difficulties however, and others of a like sort were discouragements. Europeans generally speaking had then but very little notion of improvements among woods; indeed, to come from an open improved country, and stationed as they were in a wilderness it is not to be wondered at-the frightful look of land in the rough from whence they were to get their bread and that without road or bridge in many places and full of wood, this to be cleared, and that effected by labor, before things could be brought to any tolerable order, but the soil was fertile, the air mostly clear, & the streams of water were good and plentiful, and materials for building were to be met with in abundance .-- And as they were a religious people, who knew their views to be good and that Industry was necessary they accordingly went cheer- fully to work in cultivats the land, and so made way for a crop of Indian corn, the succeeding spring. In a year or two they began upon wheat and other grain, and thus went on improving, till, having got things com- fortably about them, many of them lived to old age, often recollecting and speaking of the favours of Divine Providence in preservs them thro' the difficulties they encountered in the first settlement :-
W. Penn being now return'd from Maryland to Coaqua- nock, which was the Indian name of the place, where the city of PHILADELPHIA stands-continued an amicable cor- respondence with the natives, of whom he began to purchase land, and by personal conference, concluded a firin peace with them, they mutually promised to live together as
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bretheren, without doing the least hurt or wrong to each other, this was solemnly ratified by the usual token of a chain of friendship, and covenant indelible never to be broken, so long as the sun and moon endure. Of this kind of conference he had afterwards many others, and some on a religious account, both the first and last time of his being in the country, to whom his conduct in general was so engaging, his justice in particular so conspicuous, and the council he gave them, so evidently for their advantage, that it greatly endeared him to them, and has left such impressions among them, that his name & memory will scarcely ever be effaced while they continue a people. That they retain these things, and hand them by tradition from father to son, many instances have since shewn, of which one was in 1721 in a conference between Sir William Keith, the then governor of Penn- sylvania, and the five nations at Conestogo. Their chief speaker with countenance of great respect said, they should never forget the council that William Penn gave them, and that, tho' they could not write as the English did, yet they could keep in memory what was said in their Councils, the treaty renewed in the year following at Albany, they mentioned the name of William Penn with great affection, calling him a good man, and as their highest compliment to Keith, used this expression, We esteem and love you, as if you were William Penn himself, telling him, Brother Onas, (which in their language signifies a pen, by which name they call the governors of Pennsylvania since it was first settled by Penn). We are glad to hear the former treaties we have made with William Penn, repeated to us again, and renewed by you. And the governor replying that he desired this visit and the covenant chain which is hereby brightened may be recorded in everlasting remembrance to be sent down to your and our children, and to our children's children, to last as long as the mountains and rivers, the sun and moon endure. They answered, We desire that peace and
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tranquility that is now established between us, may be as clear as the sun shining in its lustre without any Cloud or darkness, & that the same may continue forever. These, of many, are a few instances to show they retain'd their first impressions, and the sense they had of the pro- prietors fair and candid treatment. The conduct of some of the Indians, tho' justice to the fidelity of the original stock of the five nations, requires an exemption as to them, in and about the year 1754, was a shocking devia- tion from the whole course of their former conduct with the English, the cause of this, falling too late to be properly introduced here, might be sought for in the history of that time.
W. Penn having finished his business with the Indians, proceeded by the help of his surveyor-general Thomas Holmes, to lay out the city. The spot that had been chosen was claimed by some of the Swedes, in lieu thereof, he exchanged with them a greater quantity of land at a little distance, the part along the river being a dry, high bank, with a bold shore, a fine view of pine trees grew there and from the Delaware made a handsome appearance,-there was the high bank where many of the first comers had found or made lioles for their shelter. The first House in the city was not finished at the Pro- prietors arrival, it was building by George Guest in Budds row, near that, call'd Powell's dock. He many years afterwards kept a tavern, calld the blue anchor there: but soon, many small houses were got up. W. Penn himself also had a large mansion house built on his manor of Pennsbury, near the falls of Delaware, at which he some- times resided-he also, about this time, with the consent of the purchasers under him, divided the province and territories each into three counties-those of the province, were calld the counties of Bucks, Philadelphia, and Chester; and the territories, Newcastle, Kent, and Sussex. This being done, and sheriffs, and other officers appointed for
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each county he issued writsh for the election of members lo serve on the council and assembly, conformable to the constitution then in being, and in consequence thereof met the council the tenth day of the first month, 1682-3, & the assembly two days afterwards-The members of the council were, captain William Markham, Christopher Tay- lor, Thomas Holmes, Lacy Cock, William Haige, John Moll, Ralph Withers, John Simcock, Edward Cantwell, William Clayton, William Biles, James Harrison, William Clark, Francis Whitewell, John Richardson and John Hil- liard .- The deputies of the freemen chosen for the province, and territories in the respective counties, to constitute the house of representatives, were. For Kent, John Briggs, Simon Irons, Thomas Hassold, John Curtis, Robert Bed- well, William Windsmore, John Brinkloe, Daniel Brown, Benoni Bishop. For Bucks, William Yeardly, Samuel Darke, Robert Lucas, Nicholas Walne, John Wood, John Clowes, Thomas Fitzwater, Robert Hall, James Boyden. For Chester, John Hoskins, Robert Wade, George Wood, John Blunston, Dennis Rochford, Thomas Bracy, John Bezer, John Harding, Joseph Phippes. For Philadelphia, John Songhurst, John Hart, Walter King, Andros Bink- son, John Moon, Thomas Wynne, speaker, Griffith Jones,
h The form of those writs will appear by the follows: for the county of Bucks, from an original.
WILLIAM PENN, proprietary and governor of the province of Penn- sylvania, and the territories thereunto belonging.
I do hereby in the Kings name, impower and require thee to summon all the frecholders in the bailiwick, to meet the 20; day of the next month at the falls upon Delaware river, and that they then and there eleet and chuse out of themselves, twelve persons of most note for wisdom and integrity, to serve as their delegates in the provincial council to be held at Philadelphia the 10th day of the 1st month next, and that thou there declare to the said freemen that they may all personally appear at an assembly at the place aforesaid, according to the contents of my Charter of liberties, of which thou art to make me a true and faithful return. Given at Philadelphia the - day of the - mo: 1682 WM. PENN.
To Richard Noble, High Sheriff of the county of Bucks, and the other five Sheriffs likewise for their several counties.
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William Warner, Swan Swanson. For New-castle, John Cann, John Darby, Valentine Hollingsworth, Gasparus Hermon, John Dehoaef, James Williams, William Guest, Peter Alrick, Hendrick Williams. For Sussex, Luke Wat- son, Alexander Draper, William Fletcher, Henry Bowman, Alexander Moleston, John Hill, Robert Bracy, John Kip- shaven, and Cornelius Verhoof.
Tho' the charter of priveledges required a greater num- ber thian were now returned to serve in provincial council and general assembly, yet it was left to be explain'd and confirmed by the governor, his heirs and assigns, and to the freemen of the province and territories, who, thinking it too burthensome to return the full complement prescribed by charter, depended upon the proprictors construction of their choice in a favorable manner, and alledging their reasons as well in the sheriffs returns, as by divers petitions and addresses, why they thought twelve out of each county, sufficient to be of the provincial council and general assem- bly, & declaring that the number returned for the council and assembly, that is, three for the council and nine for the assembly, out of each county, had in them the power of the whole freemen of the province and territories, and so, capable of serving in those capacities: The governor was accordingly desired that this alteration might not deprive the people of the benefit of their charter, tho' it might seem to be returnd to him again, by not being accepted as largely as granted, upon which, the governor answered, that they might amend, alter or add for the public good, and he was ready to settle such foundations, as might be for their hap- piness, and the good of their posterity, according to the powers vested in him. These preliminaries being settled, the different branches of the legislature proceeded to busi- ness, and it being stipulated in the seventh article of the charter, that the governor and provincial council should prepare and propose to the general assembly, all bills, that they should at any time think fit to be passed into laws
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