USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume One > Part 16
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In the midst of his larger plans, matters of business detail pressed for settlement. The Indian trade looked attractive to certain parties, who offered him a large sum for a monopoly of it. Writing to Robert Turner, August 25, 1681, he says: "I did refuse a great temptation last Second-day, which was six thousand pounds, and pay the Indians [i. e., extinguish the In- dian claims] for six shares [30,000 acres] and make the pur- chasers a company, to have wholly to itself the Indian trade from south to north, between the Susquehanna and Delaware rivers, paying me two and a half per cent. acknowledgment or rent; but
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as the Lord gave it me over all and great opposition . . . I would not defile what came to me clean."
The plans which Penn had formed in regard to the sale of land, with the quit-rent feature, are explained in his letter to James Harrison, August 25 ( 1681), already quoted from. He says :
"Now, dear James, for the fifty acres a servant to the master, and fifty to the servant. This is done for their sakes that can't buy ; for I must either be paid by purchase or rent, that is, those · that can't buy may take up, if a master of a family, 200 acres at a penny an acre [rent], afterwards 50 acres a head for every man and maid servant, but still at same rent, else none would buy or rent . .. however to encourage poor servants to go and be laborious, I have abated the Id. to 12d. per acre, when they are out of their time. For those that can't pay their passage, let me know their names, number, and ages; they must pay double rent to those that help them over. But this know that this rent is never to be raised, and they are to enjoy it [pos- session of the land] forever. For the acre it is the common statute acre by our law allowed. So, dear James, thou mayst let me hear of thee, and how things incline. I shall persuade none ; 'tis a good country, with a good conscience it will do well. A ship goes with commissioners suddenly, in five weeks, to lay out the first and best land to the first adventurers .. I clear the king's and Indian title ; the purchaser pays the scrivener and sur- veyor. I sign the deeds at Thomas Rudyard's1 when I know who and what."
The commissioners mentioned by Penn, as soon to sail, were William Crispin, John Bezar, and Nathaniel Allen. They re- ceived a series of "Instructions" from Penn, dated September 30, 1681, seventeen in number, twelve of which relate to the
don. He was appointed, in September, 1682, deputy-governor of East New Jersey, and came over about the same time as
1Thomas Rudyard was a lawyer in Lon- Penn, arriving there in November of that year. He was succeeded by Gawen Lawrie in 1684. For a short time he was Attorney- General of New York. He died in 1692.
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choice of a site for the intended "great town" and its laying out, one of these containing the since famous clause that the houses should stand in the middle of the lots, "that it may be a green country town, which will never be burnt and always be whole- some." William Haige was a little later appointed a fourth commissioner, and Crispin dying on the voyage to Pennsylvania, Captain Thomas Holme was commissioned in his place.
The Commissioners, excepting Holme, sailed late in Septem- ber or early in October. Several ships were then leaving for Penn's new colony. One of these, the Bristol Factor, Roger Drew master, sailed from Bristol, and arrived at Upland, after a long voyage in December, probably on the IIth of the month. Another, the John and Sarah, Henry Smith master, left London later, but reached the Delaware earlier than the Bristol ship. A third vessel, the Amity, Richard Dimon master, is said to have sailed from London, to have gone by the West Indies-as prob- ably they all did-to have been "blown off" the Delaware capes, and to have put in at Barbadoes, returning thence to England, and not coming to Pennsylvania until the spring of 1682. Whether this, resting upon the authority of Proud, is exactly correct is doubtful. It is certain that the Amity did sail from London on the 23d of April following ( 1682), reaching the Delaware late in June. If she had made such a previous voyage as has been described, she must have returned, after being "blown off," not merely to the West Indies, but to England.
The commissioners being gone, two other matters of business, both important as it then seemed, pressed on Penn's attention. One of these was the formation of a commercial company, the Free Society of Traders, of which great things were expected, but which in the end brought little but disappointment. Perhaps the letter describing Pennsylvania, which Penn sent to it in 1683, of which we shall speak, was the principal justification for the labor and money bestowed upon the company. The charter, signed by Penn on the last day of the year, March 24 (1681),
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granted large powers. It was given twenty thousand acres of land, to be a "manor," in the English character, "The Manor of Frank," with manorial powers of holding "court-baron" and "court-leet." Its privileges of trade were extensive, and large plans were formed for its operations. "Two or more general factories" were to be set up, one in Pennsylvania and one on.
Graeme Park Situated at Horsham, Montgomery County. Originally a tract of 1200 acres. William Keith erected the mansion in 1722. Photographed es- pecially for this work by J. F. Sachse from original painting in possession of Historical Society of Pennsylvania
Chesapeake bay. An array of officers, agents and employés was provided for. Thoughtful provision was made for receiving "Blacks for Servants." They were to be set free after fourteen years' servitude, but upon condition that they should pay as rent two-thirds of the produce of "such a parcell of land" as the Society should assign them. The Indians, too, were to be assisted, "both by Advice and Artificers," to settle "in Towns and other places."
The corporation was formed March 25, 1681, and the election held in May. Nicholas More, a physician of London, was
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chosen president, and James Claypoole treasurer. In June, the capital paid in had reached about ten thousand pounds. More proceeded soon to Pennsylvania-in the Geoffrey, a new ship. which came in twenty-nine days, and arrived shortly after the Welcome-and promptly took a leading part in affairs.1 Clay- poole came the next year, in the Concord, with the German set- tlers from Crefeld.
The other large matter of business which engaged Penn, and detained him in England, was the securing from the Duke of York of a conveyance of his property and governmental rights- whatever the latter might be-of the colony on the west bank of Delaware bay. There was no grant of this, of course, in the charter, and the Duke had been careful to retain the twelve-mile circle around New Castle. Penn thus saw that he might be cut off from the ocean, if the Duke's "Lower Counties" fell into un- friendly hands, and he earnestly pressed him to make them over to him. There is evidence that the Duke was at first disinclined, but he finally consented, and a few days before the Welcome was ready to sail, the transaction was completed. August 2 the Duke executed a release or quit-claim deed to all rights he might have in Pennsylvania, and three days later he executed two "deeds of feoffment," one for the town of New Castle, and the land within a circle drawn twelve miles around it, and the other for all the remainder of the Bay Territory, beginning at the cir- cular line, "and extending south to the Whorekills, otherwise called Cape Henlopen." In each case the Duke appointed John Moll and Ephraim Herman of New Castle his attorneys "to de- liver quiet and peaceable possession and seisin." For the New Castle circle Penn was to pay a yearly rent of five shillings, "at the feast of St. Michael the archangel;" for the lands below he
1He was Speaker of the first Assembly (Dec., 1682), and later Chief Justice, then was engaged in a long controversy with the Assembly, and died in 1687, at his home, "Green Spring," near what is now Somer-
ton, Philadelphia. He had a grant of the Manor of Moreland, nearly 10,000 acres, comprising a large part of what became the townships of Moreland, in Philadelphia and Montgomery counties.
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The AMERICAN WHerkly Mercury
December 22 , x' 7 1 9.
' From the NORTH.
H HAMBURGH Augift, 20. All Our Letters from Sweden, are full of the Difmall Ravages committed by the Mufcovires there, Thofe Semt Chriffians have burnt the fine Towns of Ny. bring, Nordkopping, North Telle, South Telle, Devall. Ofihammer, Oregrund, Forftenar, Ortela, d're. with all the Caftles and Gentlemens Sears near them & ruined all the Jines, ucrerly Deftroy'd the Copper and Sale Works, barne the Woods and carried Thoufands of the People on Board their Gally's in. Ord r ro Tranfport them into Rufia. the - and & Hundred
Stock, has brought the Company in fuch an immenfc fum in Specie, that it is no Wonder they fhould be able to pay off the King's Debis of twelve hundred Millions, feeing they are Gainers by that particular Subfcription, no lefs than four hundred and fifty Millions at one Blow in ready Money , and 'tis now faid they will fhil have Leave to advance and enlarge their Subfeription for ffry Millions more, and fo on to fifty more, il chey pleafe, in which Cafe they may cafily pav twelve hundred Millions; and itis fald already from Paris, that they have eighteen hundred Millions in Cafh now by them, in order to pay the publick Debrs, it the People demand their Money, which it is thought no Body would do. They are now, it is talked there, to buy all the Df ... .... L .41 .11 6
Heading of first Paper published in Pennsylvania
Photographed especially for this work by J. F. Sachse from an original copy
The Founder of Pennsylvania
was to pay one-half the "rents, issues, and profits," and to hold them "as of the Duke's castle at New York, in free and common soccage," paying one rose, if demanded, annually.
The labors thus described may be considered to have filled out the busy days of the founder before his ship sailed. He was now a man nearly thirty-seven years old. His home was at Worm- inghurst, in Sussex, an estate which his wife had inherited. He had three living children-Springett, Letitia, and William. Three other children, born earlier, had died. Looking to his departure he addressed a beautiful letter to his wife and children, which has been ever since the delight of a multitude of sympathetic readers. And before parting he sent a short letter of love to each of the children, a simple missive, in language which their young minds might comprehend. At the end of August he sailed for his new colony.
CHARTER OF THE PROVINCE OF PENNSYLVANIA1
Charles the Second, by the Grace of God, King of England, 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, Wil- liam Penn, Esquire, sonn and heire of Sir William Penn, deceased, out of a commendable desire to enlarge our English Empire, and promote such usefull comodities as may bee of benefit to us and our Dominions, as alsoe to re- duce the Savage Natives by gentle and iust manners to the love of civill So- cietie and Christian Religion hath humbley besought leave of us to transport an ample colonie unto a certaine Countrey hereinafter described in the parts of America not yet cultivated and planted. And hath likewise humbley be- sought our Royall majestie to give, grant, and confirme all the said countrey with certaine privileges and Jurisdiccons requisite for the good Government and safetie of the said Countrey and Colonie, to him and his heirs forever.
Know Yee, therefore, that wee, favouring the petition and 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 under our dearest brother, James, Duke of Yorke, in that signall battell and victorie, fought and obteyned against the Dutch fleete, command-
1So much in the history of Pennsylvania rests upon this grant by the English King that it has been thought proper to print the document in full. It may be found (vary- ing slightly in language from this), in Proud's "History of Pennsylvania," Vol. I.,
and in Vol. I. of the "Colonial Records." A fac simile of the copy kept in the execu- tive offices at Harrisburg has been issued in connection with "The Duke of York's Book of Laws," and "Pennsylvania Arch- ives," Second Series.
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ed by the Heer Van Opdam, in the yeare One thousand six hundred sixtie- five, in consideration thereof of our special grace, certaine knowledge and meere motion, Have given and granted, and by this our present Charter, for us, our heirs and successors, Doe give and grant unto the said William Penn, his heirs and assignes 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 doth extend soe farre Northwards; But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend, and from the head of the said River the Easterne bounds are to bee determined by a meridian line to bee drawn from the head of the said River unto the said three and fortieth degree, the said lands to extend Westwards, five degrees in longitude, to bee computed from the said Eastern Bounds, and the said lands to bee bounded on the North, by the beginning of the three and fortieth de- gree of Northern latitude, and on the south, by a circle drawn at twelve miles distance from New Castle Northwards, and Westwards unto the beginning of the fortieth degree of Northern Latitude; and then by a straight line West- wards, to the limitt of Longitude above mentioned.
Wee Doe also give and grant unto the said William Penn, his heirs and assignes, the free and undisturbed use, and continuance in and passage into and out of all and singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, belonging unto or leading to and from the Countrey, or Islands afore- said; and all the soyle, lands, fields, woods, underwoods, mountaines, hills, fenns, Isles, Lakes, Rivers, waters, rivuletts, Bays and Inletts, scituate or be- ing within or belonging unto the Limitts and Bounds aforesaid, togeather with the fishing of all sortes of fish, whales, sturgeons, and all Royall and other fishes in the sea, bayes, Inletts, waters or Rivers, within the premises, and the fish therein taken, and alsoe all veines, mines and quarries, as well discovered as not discovered, of Gold, Silver, Gemms and pretious Stones, and all other whatsoever, stones, metalls or of any other thing or matter what- soever, found or to bee found within the Countrey, Isles, or Limitts aforesaid ; and him the said William Penn, his heirs and assignes, Wee Doe, by this our Royall Charter, for us, our heirs and successors, make, create and constitute the true and absolute proprietaries of the Countrey aforesaid, and of all other, the premises, saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and assignes, and of all other, the proprietaries, tenants and Inhabitants that are, or shall be within the Territories and precincts aforesaid; and saving alsoe unto us; our heirs and Successors, the Sovreignity of the aforesaid Countrey, To Have, hold, possesse and enjoy the said tract of Land, Countrey, Isles, Inletts and other the premises, unto the said William Penn, his heirs and assignes, to the only proper use and behoofe of the said William Penn, his heires and assignes for- ever. To bee holden of us, our heirs and Successors, Kings of England, as of our Castle of Windsor, in our County of Berks, in free and comon socage by fealty only for all services, and not in Capite or by Knights service, Yeeld- ing and paying therfore to us, our heirs and Successors, two Beaver Skins to bee delivered 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 be found within the Limitts aforesaid, cleare of all charges.
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And of our further grace certaine knowledge and meere mocon, wee have thought fitt to Erect, and wee doe hereby Erect the aforesaid Country and Islands, into a province and Seigniorie, and doe call itt PENSILVANIA, and soe from henceforth wee will have itt called,
And forasmuch as we have hereby made and ordeyned the aforesaid Wil- liam Penn, his heires and assignes, the true and absolute Proprietaries of all the Lands and Dominions aforesaid, Know Yee therefore, that wee reposing special trust and confidence in the fidelitie, wisdome, Justice, and provident circumspeccon of the said William Penn, for us, our heires and successors, Doe grant free, full and absolute power, by vertue of these presents to him and his heires, and to his and their Deputies, and Lieutenants, for the good and happy government of the said Countrey, to ordeyne, make, enact and under his and their Seales to publish any Lawes whatsoever, for the raising of money for the publick uses of the said province, or for any other end ap- perteyning either unto the publick state peace, or safety of the said Countrey, or unto the private utility of perticular persons, according unto their best discretions, 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 Deputies, whom for the Enacting of the said Lawes, when, and as often as need shall require, Wee Will, that the said William Penn, and his heires, shall assemble in such sort and forme as to him and them shall seeme best and the same lawes duely to execute unto, and upon all people within the said Countrey and limits thereof ;
And Wee doe likewise give and grant unto the said William Penn, and his heires, and to his and their Deputies and Lieutenants, such power and authoritie to appoint and establish any Judges, and Justices, magistrates and officers whatsoever, for what causes soever, for the probates of wills and for the granting of administracons within the precincts aforesaid, and with what power soever, and in such forme as to the said William Penn, or his heires, shall seeme most convenient; Alsoe, to remitt, release, pardon and abolish, whether before Judgement or after, all crimes and offences, whatsover com- mitted within the said Countrey, against the said Lawes, treason and wilfull and malitious murder onely excepted; and in those cases, to grant reprieves untill our pleasure may bee knowne thereon, and to doe all and every other thing and things which unto the complete establishment of Justice unto Courts and Tribunals, formes of Judicature and manner of proceedings doe belong, although in these presents expresse mencon bee not made theerof; and by Judges by them delegated to award processe, hold pleas and determine in all the said Courts and Tribunalls, all accons, suits and causes whatsoever, as well criminall as civill, personall, reall and mixt, which Lawes soe as afore- said to be published, Our pleasure is, and soe Wee enjoyne, require and com- mand shall bee most absolute and avaylable in law, and that all the Liege peo- ple and Subjects of us, our heirs and successors, doe observe and keepe the same inviolable in those partes, soe farr as they concerne them, under the paine therein expressed, or to bee expressed. Provided: Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant or contrarie, but as neere as conveniently may bee agreeable to the Lawes, statutes and rights of this our Kingdome of England, and saveing and reserving to us, our heirs and successors, the receiving, hearing and determining of the ap- peale and appeales, of all or any person or persons, of, in or belonging to the territories aforesaid, or touching any Judgement to bee there made or given.
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And forasmuch as in the Government of soe great a Countrey, sudden accidents doe often happen, whereunto itt will be necessarie to apply a reme- die before the freeholders of the said Province, or their Delegates or Deputies can be assembled to the making of Lawes, neither will itt be convenient that instantly upon every such emergent occasion, soe greate a multitude should be called together; Therefore, for the better Government of the said Countrey, Wee Will, and ordeyne, and by these presents for us, our heires and suc- cessors, Doe grant unto the said William Penn and his heires, by themselves or by their magistrates and officers, in that behalfe, duely to bee ordeyned as aforesaid, to make and constitute, fitt and wholesome ordinances from time to time within the said Countrey, to bee kept and observed as well for the preservacon of the peace, as for the better government of the people there in- habiting, and publickly to notifie the same, to all persons whome the same doeth or any way may concerne, which ordinances our will and pleasure is, shall be observed inviolably within the said Province, under paines therein to bee expressed, soe as the said ordinances bee consonant to reason and bee not repugnant nor contrary, but soe farre as conveniently may bee agreeable with the Lawes of our Kingdome of England, and soe 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 Chattells; and our further will and pleasure is, that the Lawes for regulat- ing and governing of propertie, within the said Province, as well for the de- scent and enjoyment of lands, as likewise for the enioyment and succession of goods and Chattells, and likewise as to felonies, shall be and continue the same as they shall bee for the time being, by the general course of the law in our Kingdome of England, untill the said Lawes shall be altered by the said William Penn, his heirs or assignes, and by the freemen of the said Prov- ince, their Delegates or Deputies or the greater part of them.
And to the End the said William Penn, or heires, or other, the Planters, Owners or Inhabitants of the said Province, may not att any time hereafter, 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 Dominions and Terri- tories, always owe unto us, our heires and successors, by colour of any extent or largenesse of powers hereby given, or pretended to bee given, or by force or colour of any lawes hereafter to bee made in 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 soe as aforesaid, made and published within the said province, shall within five yeares after the making thereof, be transmitted and delivered to the privy Councell, for the time being, of us, our heires and successors; and if any of the said Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee de- clared by us, our heires and successors, in our or their privy Councill, incon- sistent with the sovereignty or lawfull prerogative of us, our heirs or succes- sors, or contrary to the faith and allegiance due by the legall Government of this realme, from the said William Penn, or his heires, or of the Planters and Inhabitants of the said province; and that thereupon any of the said Lawes shall bee adiudged and declared to be void by us, our heirs or successors, un- der our or their Privy Seale, that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall be made, shall become voyd, otherwise the said lawes soe transmitted, shall remaine and stand in
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full force according to the true intent and meaning thereof. Furthermore, that this new Colony may be more happily increased, by the multitude of peo- ple resorting thither; Therefore, Wee, for us, our heires and successors, do give and grant by these presents, power, licence and libertie unto all the liege people and subjects, both present and future of us, our heires and successors, excepting those who shall bee especially forbidden, to transport themselves and families unto the said Countrey, with such convenient shipping, as by the laws of this, our kingdome of England, they ought to use with fitting provisions, paying only the customs therefore due, and there to settle them- selves, dwell and inhabitt and plant for the public and their own private ad- vantage ;
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