USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume One > Part 17
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And Furthermore, that our subjects may bee the rather encouraged to undertake this expedicon with ready and cheerful mindes, Know Yee, that wee of our especial grace, certaine knowledge and meere mocon, Doe give and grant by vertue of these presents, as well unto the said William Penn and his heires, as to all others who shall from time to time repaire unto the said Countrey, with a purpose to inhabitt there, or to trade with the natives of the said Country, full license to lade and freight in any Ports, whatsoever of us, our heires and successors, according to the lawes, made or to be made within our kingdome of England, and into the said Countrey, by them, their servants or assigns, to transport all and singular their wares, goods and mer- chandizes, as likewise, all sorts of graine whatsoever, and all other things whatsoever necessary for food or cloathing, not phibited by the lawes and Statutes of our Kingdomes and Dominions, to be carryed out of the said Kingdomes without any lett or molestacon of us, our heires and sucessors, or of any the officers of us, our heires and successors, saveing alwayes to us, our heirs and successors, the legall impossitons, customes, and other duties and payments for the said wares and merchandize, by any law or statute due or to be due to us, our heirs and successors.
And Wee Doe further for us, our heires and Successors give and grant unto the said William Penn his heires and assignes, free and absolute power to Divide the said Countrey, and Islands, into Townes, Hundreds and Coun- ties, and to erect and incorporate Townes into Borroughs, and Borroughs into Citties, and to make and constitute ffaires and markets therein, with all other convenient privileges and imunities according to the merits of the in- habitants and the ffitnes of the places; & to doe all and every other thing and things touching the premises which to him or them shall seeme requisite, and meet, albeit they be such as of their owne nature might otherwise require a more especiall comandment and warrant, then in these presents is expressed.
Wee Will Alsoe, and by these presents for us, our heires and successors, Wee doe give and grant licence by this charter, unto the said William Penn, his heires and assignes, and to all inhabitants and dwellers in pvince afore- said, both present, and to come to import or unlade by themselves or their Servants, ffactors or assigns, all merchandizes and goods whatsoever that shall arise of the fruites and comodities of the said province, either by Land or Sea, into any of the Ports of us, our heires and successors, in our King- dome of England, and not into any other country whatsoever. And Wee give him full power to dispose of the said goods in the said ports, and if need be, within one yeare next after the unladeing of the same, to lade the said merchandizes and goods again into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforreigne,
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according to lawe: Provided alwayes, that they pay such customes and im- posicons, subsidies and duties for the same to vs, our heires and successors, as the rest of our subjects of our Kingdome of England, for the time being shall be bound to pay, and doe observe the acts of Navigation and other laws in that behalfe made.
And Furthermore, of our more ample and especiall grace, certaine knowl- edge and meere motion, Wee Doe, for us, our heires and successors, Grant unto the said William Penn, his heires and assignes, full and absolute power and authoritie, to make, erect and constitute within the said province, and the Isles and Isletts aforesaid, such and soe many Seaports, harbours, Creeks, Havens, Keyes and other places, for discharge and unlading of goods & merchandize out of the shipps, boates and other vessells, and Ladeing them in such and soe many places, and with such rights, Jurisdiccons, liberties and privileges unto the said ports, belonging as to him or them, shall seeme most expedient, and that all and singular the shipps, boates and other vessells which shall come for merchandize and trade, unto the said pvince, or out of the same shall depart, shall be laden or unladen onely at such ports as shall be erected and constituted by the said William Penn, his heires and assigns, any use, custome of other thing to the contrary notwithstanding: Provided, that the said William Penn and his heires, and the Lieutenants and Governors for the time being, shall admitt and receive in and about all such ports, havens, Creeks and Keyes, all officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Commissioners of our cus- tomes, for the time being.
And Wee Doe further appoint and ordaine, and by these presents for us, our heires and successors, Wee Doe grant unto the said William Penn, his heires and assignes that he the said William Penn, his heires and assignes, may from time to time forever, have and enjoy the customes and subsidies in the ports, harbours and other Creeks, and places aforesaid, within the pvince aforesaid, payable or due for merchandizes and wares, there to be laded and unladed, the said customes and subsidies to be reasonably assessed, upon any occasion by themselves, and the people there as aforesaid, to be assembled to whom Wee give power, by these presents for us, our heires and successors, upon just cause, and in a due pporcon, to assesse and impose the same, saveing unto us, our heires and successors, such imposcons and customes as by act of parliament are and shall be appointed; and it is our further will and pleas- ure, 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 near our Citty of London, who shall make knowne the place where he shall dwell or may be found, unto the Clerks of Our privy Counsell, for the time being, or one of them, and shall be ready to appeare in any of our Courtts att West- minster, to answer for any misdemeanors that shall be comitted, or by any wilfull default or neglect pmitted by the said William Penn, his heirs or as- signes, against our Lawes of Trade or Navigacon, and after it shall be ascer- tained in any of the our said Courts, what damages Wee or our heires or suc- cessors shall have sustained, by such default or neglect, the said William Penn, his heires and assignes, shall pay the same within one yeare after such taxacon and demand 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 parlia- -
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Presented to the
Historical Society of Praw
5. Wawhitehead
Keith
Gav
William Keith
Baronet; lieutenant-governor, 1717; established High Court of Chancery which was abolished 1735; issued the first paper money of the col- ony. Photographed especially for this work by J. F. Sachse from the original in the Historical Society of Pennsylvania
The Founder of Pennsylvania
ment in England, are or shall be pvided, according to the true intent and meaning of these presents: Then it shall be lawfule for us, our heirs and suc- cessors, to seize and Resume the government of the said pvince or Countrey, and the same to retaine until payment shall be made thereof. But notwith- standing any such seizure or resumption of the Government, nothing concern- ing the propriety or ownership of any Lands, Tenements or other heredita- ments, or goods, or chattels of any of the adventurers, Planters or owners, other than the respective offenders there shall be any way affected or molest- ed thereby :
Provided alwayes, that our will and pleasure is, that neither the said Wil- liam Penn, nor his heires, nor any other the inhabitants of the said pvince, shall at any time hereafter haue or maintain any correspondence with any other king, prince or State, or with any of their subjects, who shall then be at warr against us, our heires or successors; Nor shall the said William Penn, or his heires, or any other the inhabitants of the said pvince, make warr or doe any act of hostilitie against any other king, prince or state, or any of their subjects who shall then be in league or amity with us, our heires or succes- sors.
And because in soe remote a Countrey, and scituate neare many Barbar- ous Nations, the incursions as well of the savages themselves, as of other enemies, pirates and Robbers, may pbably be feared. Therefore, Wee have given and for us, our heires and successors, Doe give power by these presents unto the said William Penn, his heires and assignes, by themselves or their Captaines or other, their officers to levy, muster and traine all sorts of men, of what condicon, or whatsoever borne, in the said pvince of Pensylvania, for the time being, and to make warr and pursue the enemies and Robbers aforesaid, as well by Sea as by Land, yea, even without the Limits of the said pvince, 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 Captaine 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 Furthermore, of our especiall grace and of our certaine knowledg and meere motion, Wee have given and granted, and by these presents for us, our heires and successors, Doe give and grant unto the said William Penn, his heires and assignes, full and absolute power, licence and authoritie, That he the said William Penn, his heires and Assignes, from time to time hereafter forever, att his or theire will and pleasure, may assigne, alien, grant, demise or inffeoffe of the premises, soe many, and such partes and parcells 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 term of life, or liues, or yeares, to be held of the said William Penn, his heires and assignes as of the said Seigniory of Windsor, by such services, customes and rents, as shall seeme ffitt to the said William Penn, his heires and assignes, and not immediately of us, our heires and successors, and to the same per- son or persons, and to all and every of them, Wee Doe give and grant by these presents, for us, our heires and successors, Licence, authoritie and power, that such person or persons may take the premisses or any parcell thereof, of the aforesaid William Penn, his heires or assignes, and the same
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hold to themselves, their heires and assignes, in what estate of inheritance soever, in ffee simple or in ffetaile or otherwise, as to him and said William Penn, his heires and assignes, shall seem expedient. The Statutes made in the parliament of Edward, sonne of King Henry, late King of England, our predecessor, commonly called the Statute Qui Emptores terrarum, lately
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Court House or City Hall, Chester
Oldest public building in the State; erected 1724; still standing. Photo by D. E. Brinton
published in our kingdomes of England, in any wise notwithstanding, and by these presents, Wee give and grant licence unto 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 aforesaid, to erect any parcells of Land within the pvince aforesaid, into mannors, by and with the licence to be first had and obteyned for that purpose under the hand and seale of the said William Penn, or his heires, and in every of the said mannors, to have and to hold a Court Baron,
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The Founder of Pennsylvania
with all things whatsoever, which to a Court Baron do belong; and to have and hold view of ffrankpledge, for the conservacon of the peace, and the bet- ter government of those parties by themselves or their Stewarts, or by the Lords for the time being, of other mannors to be deputed when they shall be erected, and in same to use all things belonging to view of ffrankpledge; and Wee doe further grant licence and authoritie that every such person and per- sons, who shall erect any such mannor or mannors as aforesaid, shall or may grant all or any parte of his said lands to any person or persons, in ffee sim- ple or any other estate of inheritance to be held of the said mannors respect- ively, soe as noe further tenures shall be created, but that upon all further and other alienacons thereafter, to be made the said lands soe aliened, shall be held of the same Lord and his heires, of whom the alien did then before hold, and by the like rents and services, which were before due and accus- tomed. And further, our pleasure is and by these presents for us, our heires and successors, Wee doe Covenant and grant to and with the said Wil- liam Penn, and his heires and assignes, that Wee, our heires and successors, shall att no time hereafter sett or make, or cause to be sett, any imposicon, custome or other taxacon, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and upon any goods or mer- chandize within the said pvince, or to be laden or unladen within the ports or harbours of the said pvince, unles the same be with the consent of the pprietary, or chiefe Governor and Assembly, or by act of parliament in Eng- land. And our pleasure is, and for us our heires and successors, Wee charge and comand, 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 us, our heires and successors, for a sufficient and lawful discharge, payment and acquittance, commanding all and singular the officers and min- isters of us, our heires and successors, and enjoyneing them upon paine of our high displeasure, that they doe not presume att any time to attempt any- thing to the contrary of the premises, or that they doe in any sort withstand the same, but that they bee att all times aiding and assisting as is fitting unto the said William Penn, and his heires, and to the inhabitants and merchants of the pvince aforesaid, their servants, ministers, ffactors and assignes, in the full use and fruition of the beneffitt of this our Charter :
And our further pleasure is, And Wee doe hereby, for us, our heires and successors, charge and require that if any of the inhabitants of the said pvince, to the number of Twenty, shall att any time hereafter be desirous, and shall by any writeing or by any person deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be ap- proved of by the said Bishop, may be sent unto them for their instruccon, and then such preacher or preachers, shall and may be and reside within the said pvince, without any Deniall or molestacon whatsoever; and if perchance it should happen hereafter, any doubts or questions should arise concerneing the true sence & meaning of any word clause or sentence, conteyned in this our present charter, Wee 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 adiudged most advantageous and favourable unto the said William Penn, his heires and assignes : Provided alwayes that no interpretacon be admitted thereof, by which the allegiance due unto us, our heires and successors, may suffer any preiudice or diminucon, although expres
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mencon be not made in these presents, of the true yearly value or certainty of the premisses, or of any parte thereof, or of other guifts and grants made by us, our pgenitors or predecessors, unto the same 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.
In Witness whereof Wee have caused these our letters to be made pat- ents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth year of our Reigne.
By writt of privy Seale.
PIGOTT.
"CONDITIONS AND CONCESSIONS"1
First .- That so soon as it pleaseth God that the above said persons arrive there, a quantity of land or Ground plat shall be laid out for a large Town or City in the most convenient place upon the River for health and navigation; and every purchaser and adventurer shall by lot have so much land therein as will answer to the proportion which he hath bought or taken up upon rent. But it is to be noted that the surveyors shall consider what Roads or High- ways will be necessary to the Cities, Towns, or through the lands. Great roads from City to City not to contain less than forty feet in breadth shall be first laid out and declared to be for highways before the Dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the Towns and Cities, that there may be convenient roads and streets pre- served not to be encroached upon by any planter or builder that none may build irregularly to the damage of another. .
Eighthly .- And for the encouragement of such as are ingenious, and will- ing to search out Gold and silver mines in this province, it is hereby agreed that they have liberty to bore and dig in any man's property, fully paying the damage done, and in case a Discovery should be made, that the discoverer have one-fifth, the owner of the soil (if not the Discoverer) a Tenth part, the Governor Two Fifths, and the rest to the public Treasury, saving to the king the share reserved by patent.
Ninthly. In every hundred thousand acres, the Governor and Proprie- tary by lot reserveth Ten to himself, which shall lie but in one place.
Tenthly .- That every man shall be bound to plant or man so much of his share of Land as shall be set out and surveyed, within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares.
Eleventhly .- There shall be no buying and selling, be it with an Indian, or one among another, of any goods to be exported but what shall be per- formed in public market, when such place shall be set apart or erected, where they shall pass the public Stamp or Mark. If bad ware and prized as good, or deceitful in proportion or weight, to forfeit the value as if good, and full weight and proportion to the public Treasury of the Province, whether it be the merchandize of the Indian or that of the Planters.
1See full document in "Pennsylvania Archives," Vol. I.
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The Founder of Pennsylvania
Twelfthly. And forasmuch as it is usual with the planters to over-reach the poor natives of the Country in Trade, by Goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, whatever is sold to the Indians, in consideration of their furs, shall be sold in the market place, and there suffer the test, whether good or bad; if good to pass ; if not good, not to be sold for good, that the natives may not be abused nor provoked.
Thirteenthly. That no man shall by any ways or means, in word or deed, affront or wrong any Indian, but he shall incur the same penalty of- the law as if he had committed it against his fellow planters; and if any Indian shall abuse, in Word or Deed, any planter of this province, that he shall not be his own Judge upon the Indian, but he shall make his complaint to the Gov- ernor of the province, or his Lieutenant or Deputy, or some inferior magis- trate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable Satisfaction be made to the said injured planter.
Fourteenthly .- That all differences between the Planters and the natives shall also be ended by Twelve men, that is, by Six planters and Six natives, that so we may live friendly together as much as in us lieth, preventing all occasions of Heart burnings and mischief.
Fifteenthly .- That the Indians shall have liberty to do all things relating to improvement of their Ground, and providing sustenance for the families, that any of the planters shall enjoy.
Eighteenthly .- That in clearing the ground, care be taken to leave one acre of trees for every five acres cleared, especially to preserve oak and mul- berries, for silk and shipping.
Sealed and delivered in the presence of
WILLIAM PENN.
[Signed also by Humphrey South, Thomas Barker, Samuel Jobson, John Joseph Moore, William Powel, Richard Davies, Griffith Jones, Hugh Lambe, Thomas Farrinborough, John Goodson, William Boelham, Harbert Springett, Thomas Rudyard.]
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CHAPTER VII
THE BEGINNINGS OF PENN'S COLONY-1681-1700
W HILE Penn had been busy with preparations in Eng- land, some progress had been made on the Delaware, under the new charter. We have seen that Lieut .- Gov. Markham reached New York in June (1681.) He found in charge there Captain Anthony Brockholls, deputy governor, Major Andros having gone to England in January to defend his administration of the Duke of York's colonies. Brockholls in- spected the documents which Markham brought, acknowledged their validity, and gave him a letter to the settlers within the Pennsylvania limits, notifying them of the grant to Penn, and di- recting them to yield due submission to the new Proprietary.
This letter has the date of June 21. Just a week earlier the Upland Court had been sitting at Kingsesse, and concluding its varied business, judicial and executive, had adjourned to the sec- ond Tuesday of September. Appended in its "Record," without date of entry, is found Captain Brockholl's order, and no further proceedings of the Court are recorded. Markham no doubt pre- sented his letter to the justices, and announced to them and the settlers that once more a change of government had been decreed. On the 3d of August he assembled at Upland a Council of nine persons, as Penn had directed. The nine included two Swedes, Otto Ernest Cock and Lasse Cock, and seven of the English set- tlers, Robert Wade, James Sandilands, Thomas Fairman, Mor- gan Drewet, William Woodmanson, William Warner, and Wil- liam Clayton.
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The Beginnings of Penn's Colony
This organization of the Council at Upland, August 3, 1681, may be regarded as the formal beginning of the government of the Colony, now the State of Pennsylvania. Unfortunately no record of its proceedings remains.
A little later, September 13, a new Court, under the new au- thority, convened at Upland, and resumed the administration of
E
Ancestral Home of the Lincolns
Built about 1725 by the great-great-grandfather of President Lincoln; it is situated about eight miles south of Reading. From a sketch in pos- session of D. E. Brinton
justice on practically the same lines as the old one. Markham had appointed a larger number of justices; the two Cocks, and two other Swedes, Swan Swanson and Andreas Bankson, with Clayton, Warner, Wade, William Biles, and Robert Lucas, sat at the first Court; while at the next one, in November, Markham was himself present and also Thomas Fairman and James Sandi- lands. The court was acting evidently for the same territory as its predecessor, the Upland county which had been defined in 1677, and which still included in 1682 all the settlements then made, from Marcus Hook upward to the falls at Trenton.
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In August Markham took up the business of the Maryland boundary line. It is unlikely that he had an adequate idea of its complications and difficulties. He had in charge two letters for Lord Baltimore, one a missive from the King himself, and the other from Penn. Charles advised the Maryland Proprietary of the grant he had made to Penn, and desired him to appoint "with all convenient speed" a person or persons to meet Penn's representatives, and determine the location of their boundary line. After organizing his government, therefore, as the Au- gust days were running out, and the malaria of autumn was ready to rise along his way, Markham set off for Maryland, and reaching Lord Baltimore's house on the Patuxent late in the month, presented his two letters. These his Lordship only read, and-according to his own account-assured Markham that proper respect would be given them. But nothing further was accomplished at this time. Markham's ride had been too much
for him. "By reason of the great heats," he says, he fell ill- experiencing that fever of the country which the Swedes and Dutch had suffered from-and being taken into Lord Baltimore's house, "continued very dangerously so for the space of three weeks and better."1 Recovering at last, he returned to Penn- sylvania, having arranged with Lord Baltimore for a further meeting on the 16th of October, when they might ascertain the location of the 40th degree of north latitude. Markham agreed also to procure from Colonel Lewis Morris, at New York, "a sex- tile of six or seven foot radius," to take the necessary observa-
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