USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 99
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Of Head Lands.
A township was appropriated under this name, and in which, as appears from the minute books, all the ser- vants' lands were to be surveyed,so many acres per head, according to the conditions and concessions. This could be claimed only by such servants who came in with the first purchasers.
Of Manors.
Manor courts were never established in the province. The great troubles of William Penn, in all probability, prevented his attention to this subject, which would perhaps have failed in the experiment, and might have been obnoxious to the people, and have introduced a state of vassallage, to which they could not long have submitted. That he kept it in view, appears from the following entry, in minute book, C, p. 6. " The pro- prietor gave to Martin Zeal, a paper wrote all in his own hand, and signed by him in the following words, (I am willing to let Elizabeth's husband have 50 acres in my manor of Pennsbury, on the other side of the run, to the Shoemaker's, lying upon the said creek, and near running back to William Biles' line, at three pence sterling per acre, to begin to be paid the third year, and so forever after,holding of the said manor, and under the regulations of the court thereof, when erected." War- rant ordered by the commissioners accordingly, (1701.)
Technically speaking, therefore, there were no ma- nors in Pennsylvania, although the proprietary tenths, and other large surveys for them, were so called. The tenure by which the charter was held, was that specics of feudal tenures called Socage, by fealty only, in lieu of all other services; and the tenures under William Penn were by a kind of rent service. The patents were in free common socage, in lieu of all other ser- vices. By the abolition of quit-rents, all estates derived immediately from the commonwealth, are uncondition- al fees simple, with a reservation only of a fifth part of gold and silver ores, at the pit's mouth. Happily for Pennsylvania, this reservation has been merely nominal, and the surest mines of wealth, are the virtue, industry and simplicity of the people. Every grant of land, however, under the proprietary government, was no- minally declared in the patent to be held as of some certain manor.
In the eighth section of the divesting act, vol. 1, p. 481, in the reservation of the private estates of the proprietaries the manors are thus mentioned; "Like- wise all the lands called and known by the name of the
By the act of 1712, chap. 183, it was provided, " That for all lands hereafter to be taken up, or survey. i proprietary tenths or manors." It has already been
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shewn, in Carson v. Blazer, before cited, that the terms of the conditions and concessions, confining the tenths of the proprietaries to one place, and to be taken by lot, related only to the grants to the first purchasers. But the proprietor had the right to withdraw any land, not previously appropriated to individuals from the general mass of property, and to appropriate it to his own use. Such was the judicial construction, upon the Springetsbury manor case: See Penn v. Kline, 4 Dal- las, 407.
William Penn issued his warrant, dated 1st of Septem- ber, 1700, to Edward Pennington, then Surveyor General, to survey for the proprietor 500 acres of eve- ry township of 5000 acres; and generally, the proprie- tary tenth of all lands laid out, and to be laid out; and similar warrants were issued by the successive proprie- taries, to every succeeding Surveyor General. War- rants were likewise issued for the appropriation of the islands in the different purchases.
All these special appropriations to proprietary use, are entered together, since the revolution, and are pre- served in the Surveyor General's office.
Regulations of Settlement.
By the fourth section of the concessions and condi- tions, any number of purchasers, whose number of acres amounted to five or ten thousand, desired to sit together in a lot, or township, their township was to be cast together, in such places as had convenient harbors, or navigable rivers attending them, if such could be found; and in case any one or more purchasers did not plant according to agreement in this concession, to the prejudice of others of the same township, upon com- plaint made to the governor, or his deputy, he might award (if he saw cause) that the complaining purchas- er might, on paying the surveying, purchase money, and interest, be entitled to, and invested in the lands so not seated. And by the preceding article, purchasers from one to ten thousand acres, or more, were not to have above one thousand acres together, unless in eve- ry three years they planted a family upon every thou- sand acres: and by the tenth section, every man was bound to plant his lot within three years after it was set out and surveyed, otherwise it was to be lawful for new comers to be settled thereon, paying the survey money, and the first purchasers were to go higher up for their shares.
These regulations were certainly neglected, and the proprietor endeavoured to enforce it by proclamation, which still exists on the journals of the commissioners of property, 1687, letter F, in these words,
Proclamation concerning seating of land by William Penn, proprietor and governor.
" Since there was no other thing I had in my eye in the settlement of this province, next to the advance- ment of virtue, than the comfortable situation of the in- habitants therein; and for that end, with the advice and consent of the most eminent of the first purchasers, or- dained that every township consisting of five thousand acres, should have ten families at the least, to the end that thic province might not lie like a wilderness, as some others yet do, by vast vacant tracts of land, but be regularly improved, for the benefit of society, in help, trade, education, government, also roads, travel, entertainment, &c. and finding that this single constitu- tion is that which eminently prefers the province in the esteem and thoughts of persons of great judgment, ability and quality, to embark with us, and second our beginning, I do hereby desire,and strictly order my trus- ty and loving friends and commissioners, William Mark- ham, Thomas Ellis and John Goodson, or any two of them, that they inspect what tracts of land taken up, lie vacant, and unseated, and are most likely to give cause of exception and discouragement to those that are able and ready to seat the same, and that they dispose of, if not seated by the present pretenders within six
months after the publication hereof, provided always, the usual time allowed for plantations, be already ex- pired; and that this extends not to those persons that have forfeited their lands in the annexed counties, (the three lower counties, ) to whom I allowed a year and a half time, after my arrival, to settle at the old rent, and have nevertheless neglected to do the same; and that the said commissioners are further desired and required to take the greatest care, that justice and impartiality be observed towards all in the disposal of land, as well in reference to quality as quantity, that what is right in the sight of God and good men, may always be preferred, for it is the best and lastingest bottom to act and build upon."
Given at Worminghurst place, in old England, the 24th of the 11th month, 1686.
This proclamation was published in the province the 26th of the 5th month, 1687.
These proceedings, however, appear to have had no operation, nor does any record appear of any forfeiture, or re-grant of any of the lands surveyed on the original rights. The province continued to increase and pros- per, and applications for new lands were almost daily made; the method of townships was very soon lost sight of, and surveys promiscuously made according to the wishes of the purchasers. The warrants in 1701, ex- press " That the land shall be seated within two years after the survey." Vacating warrants will be hereafter considered.
Of surveys, and surplus lands.
This subject engaged much of the attention of the first proprietor; he was desirous to be just, but he was tenacious of his rights. There was at the date of his charter, a very considerable settlement on the banks of the Delaware, and the titles were generally derived from the governors of New York, under the crown. The inhabitants were quieted in these titles; and in- stances occur of grants from Sir Edmund Andross, which had not been surveyed, being ratified, surveyed and patented by order of the commissioners of property. But it was supposed that these old rights included a large quantity of land more than was expressed in the patent, or the possessor had any right to by the original warrants, or orders for the surveying or laying out the same. Large quantities of surplus lands were also sup- posed to have been included within the patents issued from his own office. A method was therefore adopted of issuing warrants of the re-survey, and after cutting off the overplus, confirming the quantity first purchas- ed, by a new patent. The practice, however, eventu- ally failed. It may have been possible that in some ca- ses too much land was fraudulently included; but in most instances it may have happened through mistake, or want of skill in the surveyors. Experience has pro- ved that surveys made in early days, especially in a new country, have most generally overrun the measure, up- on a re-survey. The system must therefore have be- come impracticable, and was discontinued after the year 1713. 'The proceedings are however here given, as part of the ancient land history of the country.
The following instructions were given by William Penn, on the first of the 2d month, called February, 1686, to his commissioners.
"That no warrant of re-survey be granted by you for land within five miles of the river Delaware, or any navi- gable river "
"That all overplus lands, upon re-surveys, granted by the former commissioners, not already granted, or not patented, be reserved to my use and disposal."
"No lands to be laid out next or adjoining to that in- habited, and that in every township one share be re- served for the proprietary, with all the Indian fields that are in the said township."
"No land containing mines, to be granted without William Fenn's express warrant. Book F.
In the commission of October 28th, 1701, when the
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proprietor was about to sail for England, (book G,) { naming, or not true naming counties, or places where among other things, he authorizes the commissioners of property, " To grant lands for such sums, and quit- rents, &c. as to them, or any three of them should seem just and reasonable; also, to sell intervening, concealed, or vacant lands; to dispose of surplus lands; and to make satisfaction out of my other lands and estate, (my ap- propriated land excepted, ) in the said; province and territories, as the law in that case directs, for all such deficiencies in measure, as upon a due re-survey shall be found in any tract or tracts, or parcels of land, to the respective persons thereby grieved, &c. And while on shipboard, on the first of November, by a second com- mission, he gave them power to erect manors, with ju- risdiction thereto annexed, as fully as he could do by the charter. This latter power, however, they declined exercising,on the application for such a manor in Buck's county by Mr. Growdon.
The law alluded to, was the law of property, passed at New Castle, in 1700, and confirmed in 1701; which enacted (among other things, ) "That any person's lands in this province should be re-surveyed; and if up- on such re-survey (after allowance of four acres in the hundred, over or under, for difference of surveys, and six per cent. for roads, ) an overplus shall be found, the possessor thereof should have the refusal of it from the proprietary, at reasonable rates; and in case of disagree- ment about such rates, the proprietary was to choose two men, and the possessor two more, who should either fix a price on the said overplus land, or appoint where it should be taken off for the proprietary in one entire piece at an outside (saving to the purchaser or renter, his improvements and best conveniences, ) any three of whom agreeing, should be conclusive; and the charges of re surveying should be borne by the pur- chaser, or renter of the main tract, if he bought the overplus, or if not, then by the proprietary; and that deficiencies should be made good by the proprietary, according as he received for overplus land as afore- said."
Under this act many re-surveys were made, and over-measure found; but the act expired before the same could be cut off, or the rates settled; and the pro- prietary was not satisfied for his over-measure; in con- sequence of which the act of 1712, entitled " An act confirming patents and grants," (chap. 183, and Ca- rey's and Bioren's appendix, ) was passed.
This act confirmed all lands which any person or per- sons held and enjoyed, or ought to have, hold, and en- joy within the province, as well by or under any old grant or estate from the proprietor, or his commission- ers of property and agents, pursuant to such person's right, &c. as also by, or under, any old grant, patent or warrant obtained from governors or lawful commission- ers under the crown of England, before the charter to the proprietary, or by any other legal, or equitable grant, right, title, entry, possession, or estate whatso- ever; but it was not to be construed or adjudged to confirm any lands taken up by virtue of the said old grants, which were not duly seated or improved by the grantees, or their assigns before the year 1682, nor for any more, or greater quantity, than should appear by any'grant from the proprietary, or from his predeces- sors, the former governors aforesaid, to be the grantee's just due (over and above the six acres by the said pro- prietary allowed to be added to every hundred acres of lands for roads and barrens, and the four acres, over or under, to be accounted for difference of surveys;) nor to create a right to the possessor or claimer of lands, that were not taken up, or surveyed by virtue of a warrant, or order, from persons empowered to grant the same, and by a surveyor appointed for that purpose.
The Roll's office was declared to be an office of re- cord; and all patents to be matters of record, and to have no need of delivery before witnesses, livcry and seizin, or acknowledgments, as deeds of other persons. No patents to be prejudiced by mis-recitals, or f. r mis- VOL. XII. 44
the lands were situated, &c. But nothing therein con- tained, obliged the proprietary to make good any pa- tent annihilated, or made void by due course of law; or to make good to any purchaser of a right, or rights to unlocated lands, who inadvertently, or by misinforma- tion, had obtained, or should obtain a patent or confir- mation of lands which should be discovered to be the prior right of another person, further or any more, than the same quantity of land in the next advantageous place that such purchaser should choose and discover to be vacant and free from all other claims. But where such prior right should appear and take effect against any such person or persons, who had purchased the same tract, or parcel of land of the proprietary, or his commissioners, or agents, by a certain name, or by any agreed location in that particular place, or the warrant expressing the same accordingly, then, and in such case, the proprietary, his heirs and executors, should refund and make good such second purchaser the full sum or value, which he the said proprietary, or his agents, did receive for the same, together with lawful interest, from the time such payment was made; and in both the above mentioned cases, if the latter purchaser, his heirs or assigns, shall have made any improvements on the said land, such improvements were to be valued by persons indifferently chosen, and paid for by the first purchaser.
And as several persons had obtained grants or patents before the date of the charter, for more lands than they had any right to by their original warrants, or orders for the surveying, or laying out of the same, they were not to be confirmed, but as to the residue or overplus of said lands, were declared to be null and void, and of . none effect; and new patents were to issue for the quantity they were entitled to
The act then proceeded with respect to the re-sur- veys which had been made under the act of 1700, and the overplus was to be offered to the possessors at rea- sonable rates, to be fixed, in case of disagreement, by referees, who were to fix the price, or appoint where it should be taken off for the proprietary, in one entire and convenient piece, at an end or outside, saving, to the possessor his improvements and best conve- niences, and the residue was to be confirmed to the owner by a new patent, and the overplus be disposed of by the proprietor.
If upon any such re-surveys any tract had been found deficient in the number of acres for which it was at first granted, all such deficiencies were to be made good by the proprietary, after the same rate he received for over- plus lands in that neighborhood.
This act was repealed in council, 20th of February, 1713. Votes of assembly, vol. 2, p. 150.
The resuming surplus lands, and allowing for defi- ciencies, appear by this act to have been mutual stipu- lations between the proprietary, and the people. We find nothing more, however, upon record, respecting re-surveys, after this period. With respect to the al- lowance for deficiencies, the instances in the proprietary times are numerous; and it appears to have been a prin- ciple, to allow a credit for over-payments, upon the most equitable of all rules, that no man should be com- pelled to pay for that which he could not obtain, or where the consideration had failed. With respect to laying warrants, or locations on other advantageous places, not at first contemplated, or what is called shift- ed warrants; that subject will be considered in its pro- per place, in the note.
(To be continued. )
LIBRARY OF FOREIGN LITERATURE.
At a meeting of the Stockholders of the Pennsylvania Library of Foreign Literature and Science, held at the Library, under the Atheneum, on Monday, 11th No- vember, 1833.
.
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FINANCES OF PENNSYLVANIA.
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P. S. Duponceau, Esq. was called to the Chair, and i charge of his duty without an acquaintance with that Frederick Fraley appointed Secretary.
The Annual Report of the Directors was read and ordered to be printed. The Stockholders then pro- ceeded to the election of officers for the ensuing year, which resulted as follows.
President-John Sergeant, L. L. D.
Vice Presidents. P. S. Duponceau, L. L. D., Directors.
Charles J. Ingersoll.
Alexander D. Bache, John Vaughan,
Wm. H. Keating,
R. La Roche, M. D.
Chas. R. Demme, D. D.
Peter M'Call,
William B. Reed,
Alfred L. Elwin, M. D.
D. F. Condie, M. D. John Bell, M. D.
Frederick Fraley, A. J. Pleasonton.
Secretary and Treasurer-J. J. Barclay.
On motion, the proceedings ordered to be printed. P. S. DUPONCEAU, Chairman. F. FRALEY, Secretary.
ANNUAL REPORT.
The Directors of the Foreign Library, in presenting their Annual Report, have great pleasure in assuring the Stockholders that there is every reason to believe that the public favour which was extended to their infant institution, has not been withdrawn, and that, af- ter struggling with difficulties of a most peculiar kind, the prospects which seemed to justify the most san- guine hopes of success at the time the Association was formed, are still fair and open. What those difficulties were, and how they have operated, it is scarcely ne- cessary at this time to say. It is sufficient for the Di- rectors to assure the Stockholders that, although at the time productive of serious embarrassment, there is great reason to believe, that in public estimation they were much exaggerated. They are now happily re- moved. The Directors believe that with a moderate portion of patronage, or even with faithful co-operation on the part of the Stockholders, there can be no doubt that this Institution will continue to be a benefit and ornament to the community in which it is fixed. Had a different result ensued, and had this library, in con- sequence either of indifference or of hostile influence, been allowed to fall into decay, a problem of no very gratifying solution would have been presented, and it might have been asked, why at a time when the study of the modern languages was so generally pursued, the only institution in this city, (we may perhaps say in this country, ) which afforded peculiar and exclusive facili- ties to such students should be allowed to expire, for want of the moderate sustenance that it required. The Directors have no wish at this time to say any thing in relation to the merits of this Institution in affording facili- ties of this kind, or to attempt in any way to impress the public mind with a sense of the advantages to be deriv- ed from such studies. It would, they are aware, be wholly unnecessary. A single remark they will offer,
one ofthe European languages which embodies so much profound theological learning. In proportion too to the extent of commercial enterprise and to the intima- cy of national relations, does this general necessity in- crease. In our own country to which, whether as a land of refuge or a land of promise, ready access is gi- ven to strangers of every clime and of every tongue, and among our own countrymen, whom the restless spirit of adventure is hourly leading within the circle of every idiom that the tongue of man uses, this de- partment of useful knowledge ought to have, and has innumerable votaries. It was upon the conviction that such a disposition existed, and upon the admitted ab- sence of the necessary facilities to improve it, that the individuals with whom the design of a Foreign Library originated, mainly rested their hopes of success. It has been too with a steady view to this object that the Di- rectors have endeavored to expend the funds entrusted to them, and in resigning the charge of a Library to their successors they can with confidence invite an inspection of all who are interested in the sub- ject to the results of their labours. Taking into view the necessarily limited number of their purchases, and the mistakes incident to untried agencies abroad, they have no hesitation in saying that in the department of German, Spanish, Italian and a portion of the French books, there is not a better selection in this or any oth- er neighboring city. As to what amount of credit is due to those who have thus far promoted this plan, the Directors do not feel at liberty to speak. Looking to results, and to the fact that not only has this institution been enabled to place on its shelves a very respectable library, amounting to between two and three thousand volumes, but that others, influenced by example, or stimulated by an awakened sense of what is due to the wants of the reading community, have been led to make extensive and valuable purchases in the depart- ment of foreign literature, they cannot withhold the ex- pression of gratitude for the public spirit in which this project had its origin, and by which alone, under se- vere discouragements, it has been sustained.
In referring to the fair prospects of the Institution, the Directors are far from wishing to be understood as representing it in such a condition as to render public support and patronage unnecessary. They appeal to the public for assistance, with the conviction that it is deserved for what has been done, and required for what is to be done hereafter. It is desirable that the library should be rapidly increased, and that the demand for contemporary works, more especially in the French and German languages, should be satisfied. To enable the Company to do this, they must rely on the contin- ued patronage of their fellow citizens. They have no reason to suppose it will be withheld.
The Board have great pleasure in announcing that Mr. Duponceau, the senior Vice President of the So- ciety, in accordance to their renewed solicitation, has consented to pronounce a public discourse before them some time in the early part of January next. By a
only however, with a view to illustrate the design of vote of the Board, the library has been removed to one the founders of this Library Company, and the mode of of the large rooms in the basement of the Atheneum administration which the successive Boards of Direc- | buildings, where, on Wednesday and Saturday of each week, from two P. M., till sunset, a Librarian will at- tend for the distribution of books. Catalogues will soon be ready.
tors liave adopted. The acquisition of Foreign Lan- guages ought not to be regarded as a matter of mere literary accomplishment. In our country especially, where industry has other aims than pure scholarship, All of which is respectfully submitted. this kind of knowledge is made subservient to JOHN SERGEANT, President. more practical purposes, and few study a foreign lan- F. FHAILEY, Secretary. guage in order to enjoy its literature in comparison with the numbers who in one way or another, are endeavor. ing to acquire it, so as to advance them in the varied FINANCES OF PENNSYLVANIA. pursuits of active life. The man of science, the lawyer, The following extracts are prepared for the Harris- the physician and the merchant, find their professional burgh Chronicle, from the report of the Auditor Gene- ral, for 1833. The first statement shows the receipts- the second the expenditures, and the third the amount
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