USA > Pennsylvania > History of the province of Pennsylvania > Part 3
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
consistent with the powers granted by the Kings letters patent (for that must be understood, tho' not always ex- prest) they accordingly proposed several, such as they thought suitable to the times; i some of which were singu- lar enough; some were egread to, but the principal thing done this session, was the alteration of their charter, it having been some time in agitation. At a council held the twentieth of the first month the speaker and two mem- bers of assembly attending with several bills that had been sent to them, the governor and council desired a conference with the whole house, and freemen, abot. the charter, who attending, the question was askd them by the governor, whether they would have the old charter, or a new one, they unanimously desired there might be a new one with such amendments as had already been debated and agreed to, and the governor consenting, made a speech distinguish- ing to them their duty, and his own willingness to oblige them. The house the next day sent Griffith Jones, and Thomas Fitzwater, with a written message, containing their thankful acknowledgments for his kind speech, and grate- fully embracing his offers respecting what they desired might be inserted in their charter, a committee of each house was thereupon appointed to draw up the charter with amendments, those of the council were John Moll for New- castle county, Francis Whitewell for Kent, William Clark for Sussex, James Harrison for Bucks, William Clayton for Chester, and Thomas Holmes for Philadelphia. The com- mittee of the assembly were James Williams for New-castle,
' As in popular councils everyone is at liberty to make their own proposals for the general good, this is sometimes attended with uncommon ones; no wonder if such are now and then met with among the new legislators here, of this sort perhaps may be reckond those proposals that were now made, that Young Men should be obliged to marry at or before a certain age, and that two sorts of cloaths should be only worn, one for winter, the other for summer. Regulations of this kind might do in a Spartan commonwealth, --- we think we are Englishmen. A Law was also sometimes in force here, to pre- vent cow-calves and ewe-lambs being killed, but as stock increased this dropt.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
Benoni Bishop for Kent, Luke Watson for Sussex, Thomas Fitzwater for Bucks, Dennis Rochford for Chester, and Thomas Winne the speaker for Philadelphia county.
Having prepared the charter at a council held the 30th of the first month this year, the same was read, signed, sealed and delivered by the governor to the inhabitants, and re- ceived by the hands of James Harrison, another member, and the speaker, on behalf of the Assembly & freemen who were ordered to return the old one, with the hearty thanks of the whole house, which accordingly they did.
This frame or charter continued in force till some time after the revolution in England, but tho' formd in some respects upon a generous plan, it was far from complete, particularly in that all laws were still to be prepared, and proposed by the governor and council, and that the number of assemblymen, were to be increased at their pleasure. This, with another that follow'd in 1696 only seemd pre- paratory to the establishment of that now in being. The charter above-mentioned was the last thing done this ses- sion which held two and twenty days. The governor and council, among other regulations, now established a seal for each county, as follows viz. For Philadelphia, an anchor, for Bucks, a tree & vine, for Chester a plough, for New- castle a Cassia, for Kent, three ears of Indian corn, for Sussex, a wheatsheaf.
The first sheriffs appointed for each county were for Philadelphia, John Test, Chester, Thomas Usher, Bucks, Richard Noble, New-castle, Edmund Cantwell, Kent, Peter Bowcomb, Sussex, John Vines.
The first grand Jury was summoned the second of the third month in this year, upon some persons being accused of uttering counterfeit silver, and the governor and council sat as a court of justice upon the occasion, The names of those impanneled and attested to serve on the grand jury, were Thomas Lloyd foreman, Enoch Flower, Richard Wood, John Harding, John Hill, Edward Louff, James Boyden,
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
Nicholas Walne, John James, John Vanborson, Robert Hall, Valentino Hollingsworth, Alexander Draper, John Louff, John Wale, Samuel Darke, John Parsons, John Blunstone, Thomas Fitzwater, William Guest, John Curtis, Robert Lucas, Henry Jones, and Caleb Pusey.
The grand jury having found a bill or bills, a petty jury were therefore impanneld, and attested.k The convicted one Pickering, another man and a servant his accomplises of coining and stamping silver in the form of Spanish pieces, with the alloy of too much copper in them, upon which Pickering's sentence as principal was, that for this high misdemeanor, whereof his country had found him guilty, he should make full satisfaction in good and current pay to every person that should within the space of one month, bring in any of this false, base & counterfeit coin (which the next day was to be called in by proclamation) according to their respective proportions. And that the money brought in, should be melted into gross before return'd to liim, and that he should pay a fine of forty pounds towards the build- ing of a court-house, to stand committed till paid, and after- wards find security for his good behaviour.
These and other matters gone through by the council at this meeting, and the attending members dismissed to their places of abode, the governor applied himself to regulating the streets of his favorite city, which being completed by the latter end of the fifth, or begining of the sixth month in this year to general content, he then wrote a letter to the committee of the free society of traders, giving an account of it together with a description of the country and native Indians.'
The year 1684 begins with an incursion that happened by a party from Maryland making forcible entry on several
* Their names were John Claypoole, foreman, Robt. Turner, Robert Ewer, Andrew Binkson, John Barnes, Joseph Fisher, Dennis Rochford, William Howell, Walter King, Benjamin Whitehead, Thomas Rouse, and David Breintnall.
1 W. Penns works, Vol. 2, p. 699.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
plantations in the lower counties, upon hearing of which the governor and council at Philadelphia sent a copy of W. Penns answer to lord Baltimores demand, with orders to William Welch to use his influence for reinstating the persons turned out, into their possessions again, and if other means would not do, he was ordered to prosecute the in- vaders legally, but the first measures probably might for that time take effect there being no disturbances of that kind till the next month, when the council received a letter from Samuel Sands, setting forth, that Col: George Talbot, with three musqueteers went to the house of the widow Ogle, Jonas Erskin, and Andrias Tittle, telling them that if they would not forthwith yield obedience to lord Baltimore, and own him to be their proprietor, and pay rent to him, he would turn them out of their houses, and take their land from them. Upon this, the government issued a declaration, shewing Governor Penn's title, and such other matters as were likely to prevent such illegal proceedings for the future.
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CHAPTER III.
A NEW PROPOSAL TO RESTRAIN THE INDIANS FROM INTEMPERATE DRINKING --- AN APPOINTMENT TO THE ADMINISTRATION OF GOVERNMENT-COMMIS- SION OF THE THREE PROVINCIAL JUDGES -- WM. PENN RETURNS TO ENG- LAND-HIS EFISTLE FROM THE SHIP-REPORT OF THE KING IN COUNCIL RELATING TO THE DISPUTE Wth LORD BALTIMORE-AN ORDER THEREUPON -LINES BETWEEN THE COUNTIES OF BUCKS, PHILADELPHIA & CHESTER- IMPEACHMENT AND CENSURE OF NICHOLAS MOORE-AN ALARM OF MIS- CHIEF FROM THE INDIANS-CAPTAIN JOHN BLACKWILL ARRIVES, GOV- ERNT-SOME ACCOUNT OF HIM-HIS INSTRUCTIONS.
Governor Penn observing that the Indians notwithstand- ing the fifteenth law against selling them Rum, would con- trive to have it either by the underhand dealing of some of the sellers, or other mean persons among the whites buy- ing it for them, called a company of them together, and proposed to them to let them have it if they would be con- tented to be punished as the English were, in case of abus- ing themselves, which they agreed to, as probably on that condition they would to a much greater punishment, with- out its producing any considerable effect-They were in general, so ungovernable in this respect, that it was next to impossible to prevent it by any human foresight, tho' prudent endeavors seem to have been used, both by advice and other measures to inculcate in them a detestation of a vice, so runious to both body and mind, which has evi- dently destroyed great numbers of them, and yet the few that are left are most of them as incorrigible as ever.
W. Penn continued in these provinces till the sixth month this year, settling and establishing the affairs of his govern- ment, and assisting his friends in regulating the business of their religious society, and having signed a commission impowering the provincial council to act in the government in his stead, of which Thomas Lloyd was at that time president, who also had a commission to keep the great seal, Nicholas Moore, William Welch, William Wood,
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
Robert Turner and John Eckley had a commission to be the provincial judges for two years, Thomas Lloyd, James Claypoole, and Robert Turner, were impowerd to sign patents and grant warrants for lands, and William Clark had a general commission to be a justice of the peace through- out the province and territories, other justices being ap- pointed, and all things now settled in a thriving and pros- perous condition, the proprietor set sail for England, and soon after being no less solicitous for the spiritual good than for the temporal advantages of his bretheren, he wrote and sent the following Epistle [here take in the paper N. 1] *
The commission to the five provincial judges, was in the following words.
"William Penn, Proprietary and governor of the province of Pennsylvania, and territories thereunto belonging --- To my trusty and loving friends Nicholas Moore, William Welch, William Wood, Robert Turner, and John Eckley, greeting
"Reposing special confidence in your justice, wisdom and integrity, I do, by virtue of the Kings authority derived unto me, constitute you provincial judges for the province and territories, and any legal number of you a provincial court of judicature both fixt and circular as is by law di- rected, giving you and every of you full power to act therein, according to the same, strictly charging you, and every of you to do justice to all, and of all degrees, without delay, fear, or reward, and I do hereby require all persons within the province and territories aforesaid, to give you due obedi- ence, and respect belonging to your station in the discharge of your duties: This commission to be of force during two years, ensuing the date hereof, you and every of you behaving yourselves well therein, & acting according to the same.
"Given at Philadelphia the 4th of the 6th month, 1684, being the thirty sixth year of the Kings reign, and the fourth of my government. "WILL" PENN."
* Paper missing .- Ed.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
The proprietor very probably would have staid a con- siderable time longer in Pennsylvania, but it was a critical time with his affairs in England, particularly in the settle- ment of the boundaries between lord Baltimores claim and the lower counties, whose agent had in the year 1683, petitioned king Charles the second that no fresh grant of the land in the territories of Pennsylvania, might pass in favor of William Penn, till he was heard, on his pretension of right thereto, wch petition was refered to the lords- committee, for trade and plantations, who after many attendances and divers hearings of both parties by their council for more than two years past made their report to king James, (for he was then upon the throne)m who there- upon made order of council to the effect following-
I King Charles the second died the begining of the month called february 1684. W. Penn speaks of his death and of his successor among other things in the words following (taken from an original letter to Thomas Lloyd dated London 16th 1mo 849)
The King is dead, and the duke succeeds peacibly -he was well on the first day night, being the first of february (so called) but about eight next morning, as he sat down to shave, his head twitched both ways or sides and gave a shriek and fell as dead and so remained some hours, they opportunely blooded and cupt him, and plied his head with red hot frying pans, he re- turned, and continued 'till sixth day noon, but mostly in great tortures, he seemed very penitent, asking pardon of all, and the poorest subject he had wronged, prayed for pardon, and to be delivered out of the World; the duke appearing mighty humble and sorrowful, twas a loss with his gain, he was an able man for a divided and troubled kingdom-the present king was pro- claimed about three o'clock that day, a proclamation followed with the kings speech to maintain the church and state as established, to keep property and use clemency. Tonage, and poundage with the excise are revived de bene esse till the parliament meet, -- onc is now chusing-the people of West- minster just gone by to chuse -- it sits 19th 3ºº next. In Scotland one next month-severities continue still, but some ease to us faintly promised .--- Be careful that no indecent speeches pass against the government, for the king going with his queen publicly to mass in Whitehall, gives occasion .-- He declared he conceald himself to obey his brother, and that now he would be above-board, which we like the better on many accounts-I was with him and told him so-but withal hoped we should come in for a share ;- he smiled, and said he desired not that peacible people should be disturbed for their religion and till his coronation the 234 when he and his consort are
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
At a court, at Whitehall this 13th day of November, 1085. Prosent- the king &c .-- the following report from the right honorable, the lords of the committe for trade and foreign plantations, being this day read at the board &c. The substance of said lords report we find, that the said lands intended to be granted by the lord Baltimores patent, was only uncultivated, and inhabited by savages, and that the part then in dispute was inhabited, and planted by christians, at and before the date of the lord Baltimores patent, as it had been ever since, to that time, and con- tinued as a distinct colony from that of Maryland, so that the lords offer'd it as their opinion, that for avoiding fur- ther differences, the tract of land lying between the river
together to be erownd,-no hopes of release, and, till the parliament, no hopes of any fixt liberty-my business I wl hope is better-The late king, the papists will have, died a Roman Catholic, for he refused (after his usual way of eavading uneasy things; with unpreparedness first and then weakness) the church of Englands communion. Bishop Ken of Wells prest him, that it wd be his eomfort, & that of his people to see he died of that religion he had made profession of living, but it would not do ;-- and onec, all but the duke, earl of Bath, and lord Feversham were turned out, and one Huddle- ston a Romish priest was seen about that time near the chamber .- This is most of our news-the popish lords and gentry go to Whitehall to mass daily, and the Tower (or Royal) chapel is cramd (by vyeing) with the protestant lords and gentry .- The late kings chiklren, even by the dutchess of Ports- mouth go thither-Our king stands more upon his terms than the other with France, and tho' he has not his brothers abilities, he has great diseipline and industry .- Alass the would is runing over to you -- and great quantities to- gether is to put the sale of Land out of my own hands, after I have spent what I got by my own on the publie service for I am £3000 worse in my Estate than at first-I ean say it before the Lord & have only the comfort of having approved myself a faithful steward to my understanding & ability; and yet I hope my Children shall receive it in the love of yours when we are gone-'tis a time to show thy skill & friendship to me and which is more to truths interest in me-Blessed are they that are not offended; but have patience & endure, the Lord God of Abraham of Laae & of Jacob be wtb you in Council & righteousness & by his presence own you & by his power defend you a vineyard to his Praise who is over all blessed forever-Now Dearly salute me to dear friends in their Meetings and particularly to [here take in paper N. 2] *
* Paper missing .- Ed.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
and bay of Delaware, and the eastern sea on the one side, be divided into two equal parts by a line from the latitude of cape Henlopen to the 40th degree of north latitude, and that one half thereof lying toward the bay of Delaware and the eastern sea, be adjudged to belong to his majesty, and that the other half remain to the lord Baltimore, as com- prized in his charter.
Upon this report it was ordered by the king in council that the said land should be forthwith divided according to this determination, but that not being done many years after, Queen Ann was twice petitioned for a further hearing, which was at length obtaind, but the Queen after a full, hearing ratified and confirmed the first order of council of 1685 in all its parts, and ordered it to be put in execution, without further delay.
At a council held at Philadelphia, the first of the second month 1685, present Thomas Holmes, president, and nine others-The line of separation between the counties of Philadelphia, and Bucks, and Philadelphia and Chester, were now confirmed according to the proprietors intentions signified to some of his friends while here, the first was to begin at the river Delaware at Poetquesing creek," and the county of Bucks to be of the east side thereof, together with the townships of Southampton and Warminster, and thence backwards .- The county of Chester was to begin at the mouth or entrance of Bough-creek, upon Delaware river, being the upper end of Tenccum island, and so up that creek dividing the said island from the land of Andrew Boone and company, from thence along the several courses thereof to a large creek, called mill-creek, from thence up the several courses of the said creek to a West south west line, which line divides the liberty lands of Philadelphia
" Adjoining to this creek, on the lower side is said to be the place first thought of for building the city, but better thoughts or more experience, at last fixd on a place much more convenient, all things considerd than that, or any other place on the river.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
from several tracts of land belonging to the Welch and other inhabitants, and from thence, East north cast by a line of mark'd trees, one hundred and twenty perches more or less, from thence, north, northwest by Haverford township, one thousand perches more or less, from thence, east, north- east by the land belonging to John Humphrey, one hundred and ten perches more or less, from thence, north, northwest by the land of John Eckley, eight hundred and eighty perches, more or less, from thence continuing the said course to the bounds of Schuylkil river, which said Schuyl- kil river afterwards to be the natural bounds.
The line between Bucks and Philadelphia was more par- ticularly set forth in the following Proclamation agreed on at a council, held the eighth of the second month in this year, Thomas Lloyd president.
"By the president and provincial council of the prov- ince of Pennsylvania, and territories thereunto belonging. Whereas there is a necessity to ascertain the bounds of the several counties of Pennsylvania, in order to the raising and collecting of taxes, public monies, and otherwise to adjust the limits of the respective sheriff's for the performing of their power and duty, and also, that the people might know unto what county they belong and appertain to an- swer their duties and places; and whereas the governor in presence of Thomas Janney, and Phineas Pemberton was pleased to say and grant that the bounds of the county of Bucks, and Philadelphia should begin as followeth, viz:
"To begin at the mouth of Poetquesing creek, and Dela- ware, and so by the said creek and to take in the townships of Southampton and Warminster, in obedience thereto, and confirmation thereof, the president and council. hav- ing seriously weighd and considerd the same, have, and do hereby agree and order that the bounds between the said counties shall be thus.
"To begin at the mouth of Poetquesing creek, on Dela- ware river, and to go up thence, along the said creek by
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
the several courses thereof to a south west & north east line which said line divides the land belonging to Joseph Growden and company from Southampton township, from thence by a line of markd trees, along the said line 120 perches more or less, from thence north west by a line of mark'd trees, which said land in part divided the land be- longing to Nicholas Moore, from Southampton and War- minster townships confirming the said line as far as the said county shall extend."
Nicholas Moore one of the provincial judges, being first in commission, took place as prior judge, or in the language of the present times, as chief justice of the province, and territories. He seems to have been an active hasty man, of a busy temper, and too unguarded. He had the mis- fortune to be accused of a variety of mal-practices, which, after some time, the assembly took in hand. He was one of their members, and they impeached him in form by a declaration exhibited to the council on the 15th of the 3d month, this year, consisting of ten articles, besides saving to themselves the liberty of adding more, and concluded with a request that he might be removed from his great offices and trust, and be made to answer to the crimes and misdemeanors they had pointed out.
The council orderd several of their members to acquaint Moore of the accusations, and to request his appearance the next day, at the seventh hour, which being come, and he not appearing, the articles against him were read a second time, and notice given to the assembly, that they were willing to hear their proofs. The speaker (John White) Abraham Man, Thomas Usher, John Blunstone, William Berry and Samuel Cray were appointed managers for the house on the occasion, who, supporting the charge, the president and council sent a second notice to Moore to appear at the council-chamber on the 19th, but he still ne- glecting, notice was again sent him by a council convened the second of the fourth montli following, that he desist
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
and cease from further acting in any place of authority or judicature till the articles of impeachment exhibited against him by the assembly be tried, or that satisfaction was made to the board. The 14 of September, James Harrison, James Claypoole, and Arthur Cooke, were nominated by the coun- cil to be provincial judges, orders were accordingly given to prepare a commission for them, but Harrison and Cooke, on notice thereof, refusing to serve, and Claypoole being prevented by sickness, the council upon further considera- tion, in order to answer the expectation of such persons as were concernd in appeals, agreed to receive them, & to sit for the decision of differences themselves on the 24th, which was the time appointed for the court to sit, after which, the council at their triennial election,° being in part new chosen, proceeded by fresh commissions to appoint the several officers of the government.
1687. William Penn and the other settlers under him, both those that came before and after his own arrival, had so demeaned themselves in all matters relating to the Indians that they were not only their friends upon all occasions, but very familiar at their houses, by which means they had become so naturalized to them, that it very much cut off all occasion of groundless fears and jealousies, which in such a situation, where Indians were numerous, and the strangers comparatively few, must have been natural, and which, notwithstanding this, and all their care, could not be entirely prevented, but, upon one occasion or other, would now and then be breaking out among the more in- considerate sort, which as stories of this kind naturally gather, report could easily make a frightful one, from but a small begining.
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