USA > Pennsylvania > Philadelphia County > Germantown > The settlement of Germantown, Pennsylvania, and the beginning of German emigration to North America > Part 3
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Ph. v: wylick .
On the 2d of April, 1685, Van de Wall, Petersen and his wife, Behagel, Schutz and Merian gave the following power of attorney to Pastorius :
" At all times and in all things the Lord be praised :
" When as Francis Daniel Pastorius, U. J. Licent'us, a German of Winsheim in Franckenland, did signify his In- clination to travel towards Pennsylvania, viz., that Prov- ince in America which heretofore was called New Neth-
52 Notes of Henry S. Dotterer.
29
Frankfort Land Company.
erland, Jacob van de Wallen of Francfort, Merchant, for himself and as attorney of John Wilhelm Petersen, of Lu- beck, and of his wife Johanna Eleanora van Merlau, as also Johann Jacob Schutz of Francfort, U. J. Licent'us, and Daniel Behagel and Caspar Merian of Francfort,
Merchants, have trusted and Comited unto him the care & Administration of all their Estate, lands and Rights which they lawfully obtained there of William Penn, Gov- ern'r in that part So that the said Pastorius, in the Name of the Constituents, shall receive and Conserve in the best form of Law the things themselves, the Possession thereof and other rights : Order the tillage of the ground and what belongs to husbandry there according to his best diligence, hire Labourers, grant part of the land to others, take the yearly Revenues or Rents ; and shall and may do all what the Owners may do in administration, nevertheless all sorts of alienation and mortgaging excepted.
30
The Settlement of Germantown.
" To this end a certain sum of money has been delivered to his trusty hands : Of all which he shall and will yearly give an account to the Constituents or their Heirs; but the Constituents will not be obliged to any man by all his doings and Contracts : What will be reasonable shall be assigned unto him out of the expected Incomes or Rents in Pennsylvania.
" This being thus done hath been subscribed by the Par- ties own hands, Confirmed by Publick authority and Com- mitted to divine blessing in Francfort on Mayn, a free city of the German Empire, in the year of Christ, according to vulgar account, 1683, the 2d day of the 2d month com- monly called April.
" Jacobus Van de Walle,
For myself, and as attorney for John Wm. Petersen and his wife Eleonora van Merlau.
" Daniel Behagel. "John Jacob Schutz.
" Casper Merian.
" Francis Daniel Pastorius."
Another power of attorney was given to Pastorius dated May 5th, 1683, which though not extant was probably of the same purport, executed by Strauss, Hasevoet and Laurens, then interested in the purchase. On the IIth of . July, 1683, Johan Wilhelm Ueberfeld sold his one thousand acres to Pastorius. The latter, who the same year came to Germantown, wrote on the 14th day of November, 1685, to Van de Wall, Schutz, Behagel and Petersen " that in case they would not free me of my promise in their Letter of Attorney, viz., to be accountable to the Constituents and their Heirs I was not at all able or will- ing so to do, but must lay down mine administration; for as much as they in like manner promised me to follow me to this Province the next ensuing year after my departure out of Germany, the which was not performed by them ; Wherefore I expect an answer from all whether they would release unto me the sd mine obligation or not. 53
53 Pastorius MSS.
31
Frankfort Land Company.
To this request Schutz, with the approval of Petersen and wife, Van de Wall and Behagel, wrote June 30, 1686 :
" Dear Brother : We thank God for thy joyful Recov -. ery and Preservation of all the rest; Putting in so much no distrust at all in thy Fidelity and Diligence that we, especially I for mine own person, do approve thine ac- counts unseen : Nevertheless in case it is not against thee, only for a nearer advice sake to send such accounts over : at least to make no ill Precedent to any future successor whom perhaps we dare not fully trust without all care : It will be very pleasing to, and not against us, to approve them in optima forma."
An agreement forming what became known as the Frankfort Land Company and fixing the terms upon which its business should be conducted was executed November 12, 1686. Two printed copies of this agreement with the autographs, seals and coats-of-arms of each of the signers still exist and they are both in Philadelphia. That which was among the papers of William Penn now belongs to me and the other was recently purchased by the Historical Society of Pennsylvania, for two hundred dollars. At this time the owners were :
Acres.
Jacob Van de Wallen 2500
Caspar Merian, now Jacob Van de Wallen. 8331/3
Daniel Behagel. 166623
Johan Jacob Schutz . 4000
Johan Wilhelm Uberfeld, now Francis Daniel Pastorius . 1000
Jacob Van de Wallen
16662/3
George Strauss, now Johanna Eleonora von Merlau, wife of Johan Wm. Peterson. 16662/3
Daniel Behagel. .
16662/3
D. Gerhard von Mastricht.
166633
· D. Thomas von Wylich 1 6661/2
Johannes Le Brun. 166623
Balthasar Jawert . 333313
Johannes Kemler . 16662/3
32
The Settlement of Germantown.
The agreement provided :
" The above said lands, wherever they are or hereafter shall be Assign'd Jointly and asunder, as also the Lots in the City, which over and above the aforementioned belong unto us, to wit, four or six places in the City of Philadel- phia, for to build new houses upon, and a matter of 300 Acres in the Cities Liberty Situate before and about Phila- delphia ; And the land, which of late hath been bought upon the Skulkill for a Brick-kiln, together with all and every Edifices and other Improvements, which now are and hereafter in any place and quarter of all Pensilvania,
Ballhafan jauret m!
and also Victuals, Commodities, Cattle, household stuff and which we have sent thither, or bought or otherwise acquired there ; and the present and future Real Rights and Privi- leges shall now and hereafter be and remain Comon in Equal Right according to Every One's above specified Share which he hath in the said Company.
" 2. All and every Expenses for the Cultivating, Im- provement and Buildings ; Item for transporting of Ser- vants, Tenants and other persons, as also Commodities, Victuals, tools, &c., and there in the sd Province for Tradesmen & labourers, &c., and universally all Charges of what Name soever, which hitherto have been spent in America and Europe, or hereafter at the next mentioned manner may be spent, shall be at Comon Costs after the rate of Every Ones Share.
THE SETTLEMENT OF GERMANTOWN.
unter aller und jeder eigenhandigen Linterfchrift und vorgetrucftem Enfiegel awolff. mahl aufgefertiget/und jeglichem Deffen ein exemplar zugeftellet/ auch eines au den ge. meinfdjafftlichen documentis geleget morden. &Belcher gegeben au Francffinrt am
Mann/ Den 12. Novemb. anno 1686,
Gerhard ham Markruf.
Janine Bagageil
Fh. v. wylich.
ioban Würfeln Peterfen. Johannes Ramburmp
Japan Intrin
Balthafan jammert Me ...
AGREEMENT OF THE FRANKFORT LAND COMPANY.
33
Frankfort Land Company.
" 3. Per Contra all Profits, Revenues and whatsoever there is got, built, planted, tilled and brought forth, either in products of the Ground, Slaves, Cattle, manufactures &c., nothing at all Excepted, shall be Comon among all the Partners pro rata of the number of Acres.
"4. Concerning the Affairs of this Company, the five head-stems, every 5000 to be accounted for a head-stem, or as hereafter it may be otherwise Agreed upon, shall Consult among themselves, and by the Plurality of Votes (each thousand Acres having ten votes), conclude with all Convenient Speed.
" 5. There in the s'd Province there shall be always an Attorney for the Company, and in case of his decease, Absence & Unableness a Substitute be appointed unto him with a Salary in writing Executed by both Parties. Both these shall yearly, under both their hands and the Com- pany's Seal, make an Orderly Inventory of all the Com- panies effects there, Specifying the Cultivated and uncul- tivated Acres, meadows, waters, woods, houses, the bounds thereof, as also the Servants, Tenants, Cattel, fruits, Victuals, Comodities, debts Active and Passive, ready money, etc., and send the same over with their Accounts of Costs & Profits, Receipt & Disbursement, Decrease and Increase in all particulars, by one and another following Vessel with a second Original, and likewise in manner aforesaid Communicate the State of things to him, unto whom at that time the Correspondency of the Company shall be Committed.
"6. Here in these parts there shall be always Ordained by the plurality of Votes in Writing two Clerks of the Company, either of the Companions or Strangers, who shall attend the Companies Accounts & Correspondency in America; Open the letters which belong to them and Communicate the Contents thereof by way of Extract, or if need be a Copy to the head-Stems, by and from whom further all and every Partners are to receive, do & per- form theirs, write down with short words yet Clearly & diligently in a Diary of the Pennsylvanian affairs out of the letters coming from thence or the Occurrencies happening
34
The Settlement of Germantown.
here ; make peculiar memorandums of what is to be done & Observed; Adjust every year ultimo Decembris the Ac- counts, together with the Revision of Inventories, and the Annotation of Increase & Decrease by Day and Date, as : far as may be had by Letters or otherwise, and being ap- proved by the five head-Stems or their Attornies, Record them in a Book, and keep them under two Locks, in good Order according to their Table or Index, together with the Companies Documents and Original Writings, ascrib- ing Day & Date, as also the Copies of the Letters which they send away in a Certain Place as the Company Pleaseth, and now for the present time at Francfort upon the Mayn, where this work did first begin, and whereunto as yet the greatest part doth belong, and in all without the special consent of the five head-Stems not undertake or dispatch anything of Importance. Further they shall en-
Gerhard Kam Markruf
joy for all their labour some moderate Recompense from the Company ; Moreover each head-Stem may for himself & the Partners thereunto belonging extract out of such let- ters what he pleaseth ; but the Originals shall be kept in the Archives.
"7. Hereafter the Company shall sign their letters & Contracts with a peculiar Seal to be kept along with the aforesaid Original Documents; and shall send another
1158265
Frankfort Land Company. 35
Seal somewhat different in Bigness & Circumscription to their factors in Pennsilvania there to make the like use thereof. Without such Seal no Letters or Contracts shall be sent in the Companies Name thither or hither, nor be esteemed firm & good.
"8. In case any of us, or our heirs, should go to Pensil- vania, or send an Attorney for himself aforehand to pre- pare him a Settlement and would give him or take along with himself, several proper things for his use, he or they may do the same at their own Costs and Riske; After- wards, after the rate of his share for every thousand Acres, chuse for himself Sixty in one tract of uncleared land, So as we received the same of the Governr. And therefor he shall pay yearly a Recognition as Rent to the Company for every ten Acres One English Shilling : And if this land be not enough, but too narrow for him, there shall be further allowed unto him, proportionately to his share, 60 acres as aforesaid in consideration of each thousand for the Moiety of the Price for wch the Company useth to Let at that time upon Rent unto Strangers; And in case he should still desire more land, if the Company can spare it, at the price & on such Conditions as to a Stranger. Now upon these lands which one or the other settleth for him- self alone in manner aforesd, he may act at his pleasure and use & enjoy all sorts of goods immoveable & moveable which we have in Comon there before other Strangers, Nevertheless that all this be unprejudicial to the Comon best of the Company. And those Companies which dwell in Pennsilvania shall pay the usual Rent, Wages, Payment, or Value, of all what they use of the Comon things for them- selves to the Companies Factors there, whereof they are at the following Reparation to receive back their share. But if the whole Company do generally find good to let go over any of their Companions for their Comon Service and at their Comon Costs, there shall in that case be made a particular Agreement. But in every Case in all parts whatsoever the Companies there & their heirs shall be Obliged no less than those in Europe to stand to this Con- tract and to the further orders of the most votes.
,
1
36
The Settlement of Germantown.
"9. If the Clerks or else one or more by the Companies approbation as aforesaid should disburse money, such debtors shall be obliged to repay the thus disbursed princi- pal Sum at the utmost within the space of one year with
B
Japan La brin
the Yearly Interest of five per Cent, and therefor their share shall hereby in the best form of Law be engaged as a Special Pledge.
" IO. If any of us or Ours soon or late shall Dye without wife & heir begotten in matrimony of his body, not having expressly & particularly declared by Testament, or other credible Disposition in Writing, or by word of mouth, what he would have done with his share of these Comon goods after his decease, his share shall accrue and be herewith assignd to the whole Company proportionably to each respective share, and shall not be otherwise accounted than as if he had reserved to himself only the use of such goods for the term of his life, and presently in the beginning In- corporated the true Property to the Company. And all deceases of the Companions, and who are their heirs in this work, shall by the Clerks then being in credible form under the attestation of all the nearest relations of the De- ceased, or of other credible persons be advised with all speed, Or until the Certainty thereof the Name of the Deceased be continued in Accounts & Books, And his Con- tingent wc'h falls to him be kept in the Companies Case along with the Original Documents.
37
Frankfort Land Company.
" II. It's not lawful for any that is a Partner in this Com- pany to alien his land or right thereof, all or in part, to any without the Company, unless he have the Companies Consent, or at least made the first Offer to the same ; But if one or other of us, our Wives, Children or whoever shall be hereafter a Partner of the Company, should be willing soon or late to alienate his Share or Portion, and none of the Company to Acquire or buy the Same, then and not otherwise the Seller shall have liberty to sell it to any other ; yet with this Proviso, that always the Company, or if they will not have it, any of the Company, within three months after the Alienation is made known, shall have liberty to take to themselves that what is sold, paying down the consideration money, and for their profit to deduct or give less than such new Purchaser bought the part alien'd for Ten per Cent. of the Consideration Money, the Price whereof both Seller & Buyer shall be obliged to declare upon their Conscience.
" 12. In Case, which we do not expect, be it soon or late, there should happen any misunderstanding or Cause of Contention between us, Our Heirs & Successors, Concern- ing these Goods & what thereon doth depend, the same shall be determined among the members of the Company, Or if both parties do not account them wholly Impartial by other than two honest Persons unanimously Chosen by the differing parties, And these two Chosen Persons shall have power to take unto them a third, if they think it necessary, in form & manner hereafter described, vizt. the chosen Arbitrators on an appointed day & place, in the presence of the differing parties or their Attornies, after the Invoca- tion of Divine Assistance and ripe Consideration of the matter, shall determine the business by their award accord- ing to their best knowledge & Sentiment, in case they can- not bring the parties to a Composition ; But if these three cannot agree, or find out the most votes, they shall send for advice to one or two of the head-Partners, and then Conceive and pronounce their Award; To the Contrary whereof afterwards in no manner or ways any thing shall be done, acted or admitted by Right or Force of no Judge
38
The Settlement of Germantown.
or Man in the whole world in Europe or America ; And if any should presume to oppose himself hereunto, eo ipso for by so doing, he shall forfeit his whole share and be- sides pay a fine of 200 rix Dollars to the publick Almonery (or to the poor) ipso facto without any exception or further declaration.
" All faithfully and without Covin. In true witness this present Contract, to which all Partners after a ripe Con- sideration did unanimously Consent, is twelve times under all & every ones own hand & Seal set forth, and an Ex- emplar thereof delivered to each, and one laid up with the Comon Documents.
"Given at Francfort upon Mayn the 12th November Anno 1686."
Pastorius, though with apparent reluctance, continued as the agent of the company to look after its interests until some time in the year 1700. On the 24th of January of that year Catharina Schutz, widow, the widow of Jacob Van de Wall, the heirs of Daniel Behagel, Johannes Kemler, Balthasar Jawert, Joh. Wilhelm Petersen, Ger- hard von Mastricht, Johan Le Brun, and Maria Van de Wall, widow of Thomas Von Wylich, united in executing a power of attorney which set out that "because of the death of some heads of the sd Company & the Interrup- tion of the French Warr, as also chiefly because of the ab- sence of the Governor & the Indisposition of the sd our Factor, these our affairs in the sd Province are come to a stop, the more mentioned Mr. Pastorius having also de- sired by & in several of his Letters to be discharged" there was conferred full power and authority on "Mr. Daniel Falkner & Johannes Kelpius, as Inhabitants for the present in Pennsilvania, as also on Mr. Johannes Jawert, the son of one of our principals by name Mr. Balthasar Jawert of Lubeck, who hath resolved to transport himself thither."
39
Letter of Attorney.
Champignon 25000 wifre merfillon Could in pensylvania lanky form forthis bejagenby
BARBr- 124 afins 1686. Clinton for fit, and. Societat griffon, ingefi Kultur, in Aministi ... rung folgen hold for fronty Faring pastoriums u.f. um Pofagri Sintrom 2th April 1 683 m /B. orfertigten procuratori, Povolmangtigal galom; )_
gree in begriffen ving follow fronty ffen De wit ing woning wegen why
- uerreurs;) indisposition, infort &fashion Partons_
ilstor fre pastoriusoing to fino.
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Pagaron Younot, alß Côen bind principales" Nagement form Galtgif förnett Von Fibril, valign.
Sont, for in fall minul itre fil antro folligen for.
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rendon Statt forfer, numbing for this for Cais . Tempo Besoin Ichall philadelphia in in curra 300 liter_
philadelphia poligon, in Insan rollkiel fre
40
The Settlement of Germantown.
00
offeringtation inberlin, indenforme melhorations
langton "Virtualin, Por final Marina, Kings, foi3.
Program, inoptima forma, fabrijoins
Forfeminfiglio pastoris ting.
abrogmon imonffalla je
Effecton, la vivigo voricon ogni son /a
for quititions frandjuren, Documento, diefrostigen
Jochen Patri war mizin, cum potestate Substituendi_ et Pubstitutionem, toties quotes revocandi; cumes_ Clausulis, rafi; grati, omniburgs alis, illius lori et for, reseffarris et conductis, in il angigrindto infor- Ersollmächtigter wmb wontonb Grwaltb . il. Gearing mtgalten Bio His för felton, tomfalhou . wollenin
for Ostget giovane Gouverneurst . in Ofring fotoy
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nötigigel fin.
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art, dein Ing-18 At
Kingaban, amy godmotor wagen
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4I
Letter of Attorney.
milf walter for dinfall from Comuniriver. 2_ from fordert, ming chan?
mandat, do notgigifin no
Bien Alin German, brown, 50.
in Capo
mini. alles handling rent ogno grafig In. ン
Sorting intergristay, bilingual, in vinter of integer
fromfiction Magen, q2of January 1700.
Ealfasin Plifabalfa Gefühin, seiEsil It madrid van gaoch vande Walle farlig. Daninh Bafaghihis Par- filmy- Johannes Rmbump Balthafar jawert. Mas ..
Dofare witselun Petersen 1. Ferk. When marstrup mayer. 9
Maria van de wall weduwe van Doctor the von willich falig incl haer intrefferte Ichan Sawert. Daniel Fabienex M. Johannes Helping.
42
The Settlement of Germantown.
The three attorneys "Jointly or in case of the Death of one or the other they or he who remains" were to have the administration of all the goods and lands, city lots, "the land bought by the Schuylkill for a brick-kiln," to take an account from Pastorius, if any lands had been sold without their knowledge to " vindicate them" and to sell and make deeds. " Lastly we grant unto them herewith special power to appropriate fifty acres of our land in German- town for the benefit of a schoolmaster, that the youth in reading writing & in good manners & education without partial admonishing to God and Christ may be brought up and instructed."54
On the first of March, 1700 (this date may be 1708), Catharine Elizabeth Schutz, widow, made a deed of gift certifying that " of a well Considered mind willingly and of my accord I have given as a free Gift or Present my whole Proportion or share of the 25000 acres of land purchased in Pensilvania-towit 4000 acres the wch my aforesd husband deceased hath bought of my own money,-unto some pious families and Persons who are already in Pensilvania, or Intend to go thither this year, as likewise unto such that shall follow them in time to Come, among whom Mr. Daniel Falkner, who hath settled there already, & Mr. Arnold Stork who dwells at present at Duisburg but will shortly transport himself, shall be con- stituted and appointed as Attornies, as well for themselves & their families to take part thereof, as also according to their good Pleasure & Conscience to Cause to participate other pious families, especially the widows among the same, viz : widow Zimmermans & other two widows with their children being of Duisburg." And she added "For as much as I also understand that George Muller of Freder-
54 The original of this power of attorney now belongs to me.
43
Frankfort Land Company.
ickstadt is resolved to transport himself with his family into Pennsylvania my will is that he with his shall be one par- ticipant in this Donation."55
Pastorius says that in August, 1700, Daniel Falkner and - Johannes Jawert having arrived they began, with Kelpius, to administer the affairs of the company, and that he de- livered up to them the land, house, barn, stable, corn in and above the ground, cattle, household goods, utensils and two hundred and thirty pounds of arrears of rent, but that soon after Kelpius declined to act and Daniel Falkner " Plaid the Sot, making Bonefires of the company's flax in open street, giving a Piece of eight to one Boy to show him in his drunken Fit a house in Philada, and to another a bit to light him his Pipe, &c. In so much that his Fellow Attorney, Johannes Jawert, affixed an advertisement to the Meeting house at Germantown that nobody should pay any rent or other Debt due to the Company unto the sd Falkner. Yea, and the then Bailif and Burgesses of the Germantown corporation acquainted the sd Company of the ill Adminis- tration of this their attorney here in a letter which as they afterwards did hear miscarried."56
Kelpius executed the following paper witnessed by God- fried Seelig and Joh. Hendrick Sprogell :
" Whereas, upon recommendation of Mr. Daniel Falk- ner, the Frankfort Society hath made me ye subscribed their Plenipotentiary, together with the said Mr. Falkner & John Jawert, But my Circumstances not permitting to entangle myself in the like affairs I do Confess herewith that I do deliver all the authority, which is given unto me in the Letter of Attorney, to the said Society & him who did recommend me to the same, towit, Mr. Daniel Falk-
55 Pastorius MSS.
56 Pastorius MSS.
44
The Settlement of Germantown.
ner, for to act & prosecute the Case of the said Society without me with Johan Jawert upon their account accord- ing to the Letter of Attorney who attributes to one or two as much power as to three in Case of a natural or Civil Death." 57 Jawert and Falkner on March 20th, 1705, sub- stituted and appointed George Lowther, an attorney at law in Philadelphia, the attorney in fact for the constitu- ents. Lowther acted under the power because, on the 26th day of March, 1706, he gave notice to the tenants and other debtors to meet him on Friday, the 5th of April, at the house of Joseph Coulson in Germantown.
Meanwhile, in consequence of the notice given at the meeting house in Germantown on the 9th of November, 1705, by Jawert, no one would buy lands from Falkner, and the affairs remained in statu quo until the arrival in Pennsylvania of John Henry Sprogell, the witness to the John Henry Sprogell renunciation of Kel- pius. Pastorius as- serts that Sprogell, " A cunning and fraudulent fellow, as appears by several letters sent from Holland after him, arrived in this Province, who one time would say that his father had some Interest in the Franc- fort Company, which is utterly false ; and another time that he bought the Companies estate of Gerhard van Mastricht and the rest when in Germany and that the French took away his writings; which is no more true than the former. For after he was taken, he still for some weeks did lye in Holland, and so might either have had other deeds from them, or at least a letter from any of them to signify unto their attornies here that he bought the land, which he never bought one acre of, as since the said Van Mastricht did write."
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